HomeMy WebLinkAbout2011-004 Vacation, Vicinity of South 29th and 30th Avenues Between Walnut Street and Chestnut AvenueJuly 26, 2011
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Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title:
11* 11 lol 7111111,11,1111
FILE# 7736074
YAKIMA COUNTY, WA
08/10/2011 03:03:05PM
ORDINANCE
PAGES: 47
VELIKANJE, HALVERSON P.C.
Recording Fee: 108.00
Ordinance No. 2011-04
Rights -of -Way vacation submitted by Yakima Valley
Memorial Hospital in the vicinity of South 29th and 30th
Avenues north of Tieton Drive and south of Chestnut
Avenue
Grantor: City of Yakima
Grantee: The Public
ABBREVIATED DESCRIPTION:
Legal Descriptions for Vacated Portions of South 29th and 30th Avenues:.
That portion of 29th Avenue (Apple Way) as shown on the plat of NOB HILL
ORCHARD HEIGHTS ADJOINING NORTH YAKIMA, according to the official plat
thereof recorded on Volume 'E', Page 25, records of Yakima County, Washington,
lying Southerly of the Southerly Right of Way line of Chestnut Avenue (Orchard
Avenue) and North of the Northerly Right of Way line of Walnut Street. (See
Exhibit A' of attached Ordinance for complete legal description).
PARCEL NUMBERS:
South 29th Avenue — 181323-33457, 33454, 33452 (See page 47 for balance of
parcel numbers)
South 30th Avenue — 181323-33412, 33411, 33416 (See page 47 for balance of
parcel numbers)
AN ORDINANCE
ORDINANCE NO. 2011-04
relating to land use; vacating certain portions of right-of-way in the
vicinity of S. 29th and 30th Avenues north of Tieton Drive, and
south of Chestnut Avenue.
WHEREAS, by application dated August 3, 2010, Yakima Valley Memorial
Hospital (YVMH) requested a vacation of portions of platted City of Yakima right-of-way
more particularly described in Exhibit "A", attached hereto and incorporated herein by
this reference; and
WHEREAS, the City of Yakima has no future plans for development of this
paved, platted right-of-way; and
WHEREAS, YVMH, the applicant/petitioner for this right-of-way vacation, owns
more than the necessary two thirds of the parcels abutting the property subject to this
petition for vacation; and
WHEREAS, Brenton Noel and Hannah Noel, husband and wife, Mike Schmitt
and Lori Schmitt, husband and wife, Michael Balmelli, a single man, Thomas McLean
and Deborah McLean, husband and wife, Joseph Delorme and Lisa Delorme, husband
and wife, Linda Yates, a single woman, and James Barrett and Lora Barrett, husband
and wife, who own property adjacent to a portion of the streets proposed for right-of-way
vacation, have not objected to the street vacations and will be required to, as a condition
to effectuate this Ordinance, execute an agreement with YVMH, which will include
provisions for access, maintenance, and repair of the vacated portions of the street
adjacent to their property ; and
WHEREAS, on October 28, 2010, the Hearing Examiner for the City of Yakima
conducted an open -record public hearing regarding the requested right-of-way vacation;
and
WHEREAS, on November 12, 2010, the Hearing Examiner issued Hearing
Examiner's Recommendation regarding the requested vacation of right-of-way (Decision
No. RWV #002-10)(the "recommendation"), recommending that the platted streets of S.
29th and 30th Avenues rights-of-way be vacated per the petition, said recommendation
being attached hereto and incorporated herein by this reference as Exhibit "B"; and
WHEREAS, at an open -record public hearing held on December 7, 2010, the
City Council considered the requested right-of-way vacation, 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 RCW Chapter 35.79, together
with the City of Yakima street vacation policy, are correct and appropriate, and that the
same should be adopted by the City Council as its findings herein; and
WHEREAS, compensation to the City is necessary for this right-of-way vacation
in the amount of $127,050, $63,550 for S. 29th, and $63,500 for S. 30th; Avenues, and
WHEREAS, the City Council finds that it is in the best interest of the City to enact
the following to approve the requested right-of-way vacation; now therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The platted rights-of-way for S. 29th and 30th Avenues running
north and south as, more particularly described in Exhibit "A", attached hereto and
incorporated herein by this reference, are hereby vacated by the City of Yakima.
Section 2. The findings, conclusions and conditions within the November 12,
2010, Hearing Examiner's Recommendation (RWV#001-09) regarding this right-of-way
vacation are hereby adopted by the City Council as its findings, conclusions and
conditions in support hereof, pursuant to City vacation policy and RCW Chapter 35.79,
and are incorporated herein by this reference as if fully set forth herein.
Section 3. The right-of-way vacation granted by this ordinance is expressly
conditioned on YVMH's satisfaction of the following conditions, as stated on pages 47-49
of the Hearing Examiner's Recommendation:
1. The vacated rights-of-way shall be zoned either R-1, Single -Family
Residential, R-2, Two -Family Residential, or R-3, Multi -Family Residential,
with an Institutional Overlay designation dependent upon the adjoining
properties zoning designation.
2. An independent appraisal has been conducted for the proposed street
vacations prior to the City Council Review of this proposal. Compensation, in
the amount of $127,050, $63,550 for S. 29th, and $63,500 for S. 30th;
Avenues (50% of the appraised value) shall be paid to the City of Yakima.
3. Prior to initiating any activities associated with the expansion of existing9
buildings or the construction of new buildings on the Hospital campus, S. 29t
and S. 30th Streets shall be vacated and closed to vehicular traffic in
accordance with the conditions of this street vacation ordinance and the
conceptual street vacation plans depicted in Attachment "Q" of the
Development Agreement between the City of Yakima and YVMH. No cul-de-
sacs or hammerheads shall be required. The campus closure shall also be
accompanied by the construction of a traffic diverter at the intersection of S.
28th and West Walnut Street. This diverter shall be designed and constructed,
subject to City approval, in accordance with the conceptual design also
depicted in Attachment "Q" of the Development Agreement.
a. Upon approval of the street vacation the vacation shall not be
considered final until the required street vacation fee is paid, the
necessary implementation documents have been executed between
YVMH and the affected, adjoining property owners, and copies of the
documents, with recording information for those, documents recorded
with the Yakima County Auditor, have been provided to the City of
Yakima. YVMH shall have one year from the date of City Council
approval to satisfy these conditions and may request up to one
additional year extension.
b. Prior to approval of the proposed street vacation ordinance being
recorded a master utility plan shall be created and submitted to the
City of Yakima Planning Department for approval identifying all
existing, and proposed utility lines and easements.
c. Upon approval of the master utility plan any and all utilities not
identified as being protected by a utility easement shall have an
easement recorded in conjunction with the street vacations.
Section 4. 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 5. 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 18th day of January, 2011.
ATTEST:
Micah Cawl, Mayor
LOQ /173k J
City Cler
Publication Date: January 21, 2011
Effective Date: February 20, 2011
Exhibit "A"
Legal Description for Vacated Portion of South 29th Avenue:
That portion of 29th Avenue (Apple Way) as shown on the plat of NOB HILL ORCHARD
HEIGHTS ADJOINING NORTH YAKIMA, according to the official plat thereof recorded
on Volume `E', Page 25, records of Yakima County, Washington, lying Southerly of the
Southerly Right of Way line of Chestnut Avenue (Orchard Avenue) and North of the
Northerly Right of Way line of Walnut Street.
Legal Description for Vacated Portion of South 30th Avenue:
That portion of 30th Avenue as shown on the plat of NOB HILL ORCHARD HEIGHTS,
according to the official plat thereof recorded in Volume `E', Page 25, the plat of
GRANDVIEW SUBURBAN HOMES, according to the official plat thereof recorded in
Volume `H', Page 15, the plat of GRANDVIEW HALF -ACRE TRACTS, according to the
official plat thereof, recorded in Volume `G', Page 12, and the plat of DE FOE QUARTER
ACRES, according to the official plat thereof recorded in Volume 'H', Page 2, records of
Yakima County, Washington, Tying Southerly of the Southerly Right of Way line of
Chestnut Avenue (Orchard Avenue) and North of the Northerly Right of Way line of
Walnut Street.
All Situate in Yakima County, Washington
Exhibit "B"
City of Yakima, Washington
Hearing Examiner's Recommendation
November 12, 2010
In the Matter of an Application for
Approval of an Institutional Overlay
Zone, a Master Development Plan and
Vacation of Rights -of -Way Submitted by: )
Yakima Valley Memorial Hospital
In Order to Authorize and Facilitate
Devellopment of Hospital Facilities as a
Closed Campus in accordance with a
30 -Year Master Development Plan
OVR #001-09
PD #002-09
RW #002-10
SEPA #028-09
A. Introduction. The introductory findings relative to the open record public hearing
process for this application are as follows:
(1) The Hearing Examiner conducted an open record public hearing for this
application on October 28, 2010.
(2) Associate Planner Jeff Peters presented an extremely thorough staff report
which recommended approval of this application subject to conditions. Assistant City
Attorney Mark Kunkler explained the three elements involved in this application.
Planning Manager Joan Davenport also explained various details relative to the
application during the course of the hearing.
(3) Representatives of Yakima Valley Memorial Hospital (the hospital or YVMH)
who have been instrumental in this application in various ways next testified in favor of
the application. The main points of their testimony appear at various points in the record
and in this recommendation. Further detailing their testimony would unduly lengthen this
already lengthy recommendation. In the order of their testimony, those who testified in
various capacities at the hearing in behalf of this application were Royal Keith, Bill
Wheeler, Stan Martinkus, Jim Aberle, Dave Franklund, Gregg Dohrn, Julia Kuhn, Michael
Shinn and Rick Linneweh.
(4) Residents of the area next testified generally in favor of the application. Some
of them expressed appreciation for this collaborative effort involving the City, the hospital
and the Barge -Chestnut Neighborhood Association (BCNA) which will result in a closed
hospital campus with building, parking, traffic circulation, lighting, sitescreening and
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
1
landscaping features that will promote compatibility with the neighborhood. The main
concerns expressed by residents involved traffic, and more specifically, (i) the failure of
the final environmental impact statement (FEIS) or of the recommended conditions of this
application to impose an obligation upon the hospital to help implement the Barge -
Chestnut Neighborhood traffic calming plan that will separately be considered by the City
Council in the future and (ii) the inclusion as Phase 3 mitigation measures in the part of
the FEIS table appearing on page 8 of this recommendation, and in sections 3.5.3.2 and
3.5.3.3 of the draft Development Agreement attached to the staff report, of traffic signals
on South 24th Avenue at its intersections with Summitview Avenue and Tieton Drive
which residents believe will encourage cut -through traffic on 24th Avenue. Since the four
public comment letters and responses to three of them are in the record as Exhibit I and
since three typed summaries of this testimony and one letter regarding traffic concerns
were added to the record at the hearing as Exhibits J-5 through J-8, more than this
summary of the main points would also unduly lengthen this recommendation. In the
order of their testimony, those nearby residents who testified at the hearing were Walt
Ranta, Ralph Call, Bruce Simpson, Don Uebelacker, Yuki Reiss, Gary Forrest, Leni
Skarin, Paul Nagle -McNaughton, Paul Schafer, Jo N. Miles and Paul Beaulaurier.
(5) This recommendation has been issued within ten business days of the hearing.
B. Summary of Recommendation. The Hearing Examiner recommends that the Yakima
City Council approve this application subject to conditions.
C. Basis for Recommendation. Based upon a view of the site and surrounding areas
without anyone else present on October 27, 2010; the information contained in the staff
report, exhibits, testimony and other evidence presented at an open record public hearing
on October 28, 2010;.and a review of the SEPA Planned Action FEIS prepared for this
application, the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance; the Hearing Examiner makes the. following:
FINDINGS
I. Applicant. The applicant is Yakima Valley Memorial Hospital, 2811 Tieton Drive,
Yakima, Washington.
II. Location. The location of the hospital campus is between Tieton Drive and Chestnut
Avenue and between South 27th and South 31St Avenues. The Assessor's Tax Parcel
numbers are 181323-33004, 33024, 33028, 33413, 33414, 33415, 33416, 33417, 33418,
33426, 33429, 33430, 33432, 33435, 33437, 33438, 33442, 33445, 33446, 33447, 33449,
33450, 33451, 33452, 33453, 33454, 33455, 33456, 33457, 33465, 33473, 33474, 33475,
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
2
33477, 33478, 33479, 33480, 33487, 33488, 33489, 33490, 33492, 33508, 33509, 33510,
34032, 34033, 34034, 34035, 34447, 34539, and 181323-33436 (partial).
III. Background and Details of Application. The background and elements of this
application may be summarized as follows:
(1) The YVMH which was founded in 1950 serves the greater Yakima area from
its main campus on Tieton Drive in the City of Yakima, and from several satellite
facilities throughout Yakima County. The main campus is 26.4 acres in size. The hospital
has 226 hospital beds, approximately 500,000 square feet of facilities and provides the
following inpatient services: General Medical, Cancer Care, Heart Care, Critical Care,
Orthopedics, Surgery, The Family Birthplace, Pediatric Care, Neonatal Intensive Care
Unit, Surgery and Psychiatric Care. The hospital admits approximately 14,300 patients a
year, which are served by 327 physicians representing 35 specialties, over 2,300
employees, and over 460 volunteers.
(2) Since its inception in 1950, YVMH has grown and evolved to meet the needs
of the growing Yakima Valley communities. Over time, the hospital has added new
services, renovated the original facilities, and constructed new facilities on the main
campus, as well as some satellite locations throughout Yakima County. In response to
rapid changes in the field of health care and a realization that the main campus was
reaching its capacity, YVMH's Board of Directors authorized a future needs assessment in
2003 through early 2004 to determine what level of future growth it should plan for and
whether the hospital had sufficient area and resources to meet the projected growth on the
main hospital campus. The assessment concluded that the hospital did not have sufficient
space on the campus to expand its facilities in the following manners as needed without
acquiring additional . property or making more efficient use of the land on the main
hospital campus: Main Hospital Building Addition (775,528 square feet); West Pavilion I
(72,555 square feet); West Pavilion II (50,000 square feet); Early Learning Center (12,000
square feet); North Pavilion I (100,000 square feet); East Pavilion I (50,000 square feet);
Rainier House, Human Resources (2,039 square feet); Parking Garage 1, PG -1 (283,745
square feet); Parking Garage 2, PG -2 (99,248 square feet); Parking Garage 3, PG -3
(88,274 square feet); Parking Garage 4a, PG -4a (283,230 square feet); Parking Garage 4b,
PG -4b (282,230 square feet); and total off-street parking (4,149 parking spaces).
Therefore, YVMH's Board of Directors authorized the hospital staff to start a master
planning process that would accommodate the projected needs of the hospital facility at
the existing campus.
(3) On April 30, 2004, YVMH submitted an application to the City for a
Comprehensive Plan Future Land Use Map Amendment and a State Environmental Policy
Act (SEPA) checklist. The application requested a change in the Future Land Use Map
designations for numerous parcels owned by YVMH and for some parcels owned by
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
3
neighboring property owners from the Low Density Residential designation to the
Professional Office designation.
(4) Between January and June of 2005, YVMH unveiled to the public an early
version of its Campus Master Plan, and its Board of Trustees approved a policy that
development projects would be limited to only improvements related to hospital care or
improvements necessary for patient safety. Based upon this early version of the campus
master development plan and Comprehensive Plan Future Land Use Map amendment, the
City of Yakima issued an Environmental Determination of Significance Supplemental
Environmental Impact Statement, and Notice of Final Scoping on May 12, 2005.
(5) Between July and December of 2005, YVMH continued to study the
environmental impacts of the proposed master plan, including a detailed Traffic Impact
Analysis. It held three community forums to inform neighborhood residents of its
proposed development plans, and continued to explore the early findings of the
environmental impact statement.
(6) Between January and June of 2006, it became apparent to the City and YVMH
that neither the hospital's pending Comprehensive Plan Future Land Use Map
Amendment, nor the City's existing Planned Development process would meet the needs
of the hospital, or the Barge -Chestnut Neighborhood Association (BCNA). As a result,
YVMH, the BCNA, and the City of Yakima started exploring new innovative planning
processes which included the Institutional Overlay process. It was decided that an
Institutional Overlay Master Planning process should be added to the City of Yakima's
Comprehensive Plan and Municipal Code. Due to the lack of a more appropriate
permitting process, the BCNA requested that YVMH delay submitting its EIS, and that
various revisions to the master development plan be discussed. Additionally, during this
time when the City was in the process of updating its Comprehensive Plan, it was agreed
by the hospital, BCNA, and the City that the hospital's Comprehensive Plan Map
Amendment request should be modified to request an Institutional Overlay designation for
the subject properties as a part of the City's 2006 Comprehensive Plan updating process.
(7) Between July and December of 2006, YVMH continued to meet with both the
BCNA and City to review the progress being made on the Comprehensive Plan update,
and to introduce proposed language for the draft Institutional Overlay Ordinance. On
December 12, 2006, the City of Yakima City Council approved the requested Yakima
Urban Area Comprehensive Plan amendment designating the hospital campus on the
Future Land Use Map as an Institutional Overlay.
(8) Between January and June of 2007, YVMH, the BCNA and the City continued
developing and refining the language for the proposed Institutional Overlay ordinance.
The hospital and BCNA continued to make further revisions to the campus plan, and the
BCNA introduced a plan for calming traffic in their neighborhood.
(9) Between July of 2007 and June of 2008, the City of Yakima, YVMH, and
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
4
BCNA continued work on the Institutional Overlay ordinance, and the BCNA traffic
calming plan.
(10) Between July and August of 2008, public workshops and a public hearing by
the Regional Planning Commission were conducted on the Institutional Overlay Zoning
Ordinance, and on September 2, 2008, the Yakima City Council approved the proposed
ordinance.
(11) Between August of 2008 and November of 2009, YVMH continued to meet
and work with the City of Yakima and the BCNA to prepare and finalize the hospital's
Institutional Overlay, Master Development Plan, and SEPA application. YVMH formally
submitted its application to the City of Yakima Planning Division for review and
processing on September 8, 2009. The hospital's application was deemed complete for
further processing on November 9, 2009, following submittal of requested additional
information, thus initiating review of the proposed application.
IV. Notices. Notices of the open record public hearing of October 28, 2010, were
provided by the following methods:
Posting of land use action signs on the property: May 16, 2010
Mailing of hearing notice to owners within 500 feet: October 1, 2010
Publishing of hearing notice in the Yakima Herald -Republic: October 1, 2010
Posting of hearing notice in three public places October 1, 2010
V. State Environmental Policy Act. The SEPA review process for this application may
be summarized as follows:
(1) The City of Yakima has conducted a SEPA Environmental review for the
proposed development (SEPA #028-09). On November 10, 2009, the City of Yakima
issued a Notice of Determination and EIS Scoping regarding YVMH's Institutional
Overlay/Master Development Plan Environmental Checklist and application.
(2) On December 10, 2009, the Notice of Determination of Final Scoping was
issued identifying the probable adverse impacts to be studied as Traffic, Parking and
Stormwater.
(3) On May 28, 2010, the Notice of Application, Request for Public Comment and
Availability of Planned Action Draft Environmental Impact Statement (DEIS) was issued
with,a 30 day public comment period. The DEIS contained two traffic analysis reports, a
parking study, and stormwater analysis. Four public comments were received during the
public comment period and addressed in the Planned Action Final Environmental Impact
Statement (FEIS).
(4) On October 1, 2010, the DEIS was finalized providing for appropriate
mitigation for all identified environmental impacts, throughout the five phases of
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
5
construction. If these applications are approved and the applicant's projects/development
plans are consistent with the Planned Action FEIS, no further SEPA review is necessary.
(5) The various Planned Action FEIS mitigation measures set forth in Table 5 and
Table 6 of the Planned Action FEIS may be described as follows:
Summary of Mitigation Measures by Phase
Phase 1
Phase 2
Phase 3
Phase 4/5
Summary of development activities generating net additional trips that require traffic
mitigation.
No new buildings or
additions are planned
during this phase.
Construction activities
that will generate net
new trips that require
• traffic mitigation:
130,000 sq. ft.
addition to hospital
Construction activities
that will generate net
new trips that require
traffic mitigation:
46,000 sq. ft. addition
to hospital; and
27,000 sq. ft. of
clinical office space.
Construction
activities that will
generate net new
trips that require
traffic mitigation:
184,000 sq. ft.
addition to
hospital; and
150,000 sq. ft.
of new medical
office space.
Summary of development activities not generating net additional trips.
Close campus and
prepare for
construction in
subsequent phases.
Construction activities
that will not create net
additional trips
include: a 28,000 sq.
ft. addition to Energy
Plant/Loading Dock; a
new 12,000 sq. ft.
Early Learning Center
facility; two parking
garages; required
mitigation measures;
and the demolition of
buildings.
Construction activities
that will not create
net additional trips
include: one parking
garage; required
mitigation measures;
and, the demolition of
buildings.
Construction
activities that will
not create net
additional trips
include: one or two
parking garages;
required mitigation
measures; and the
demolition of
buildings.
Traffic
Traffic
Traffic
Traffic
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
6
1. YVMH installs
traffic diverter at S.
28th Ave/W. Walnut
St.
1. YVMH fair share
payment of 1.8%
toward S. 16th
Ave/Nob Hill Blvd
intersection
improvements.
1. YVMH fair share
payment of 19.4% of
the cost of installing a
signal at the
intersection of S 24th
Ave/Tieton Drive.
1. YVMH fair share
payment of 1.1%
toward S. 40th
Ave/Nob Hill Blvd
Intersection
improvements.
2. Vacate portion of
to
S. 28 Avenue.
2. YVMH installs
traffic signal and dual
southbound left -turn
lanes at S. 28 in
Ave/Tieton Drive
intersection.
2. YVMH fair share
payment of 4% of thepayment
cost of installing a
signal at the
th
intersection of N. 24
Ave/Summitview
Ave.
2.YVMH fair share
of 4%
toward N.16tn
Ave/Summitview
Ave intersection
improvements.
3. Vacate portion of
S. 29th Avenue.
3. Cit implements
Phase 2 BCNA traffic
calming
improvements as
warranted.
3. YVMH fair share
payment of 2.4%
toward N. 40th
Ave/Summitview Ave
intersection
improvements.
3. YVMH fair share
payment of 9.5 %
toward S. 16th
Ave/Tieton Drive
intersection
improvements.
4. City implements
Phase 1 BCNA traffic
calming
improvements.
4. YVMH installs
traffic signal or
improvements at S.
30th Ave/Tieton
Drive intersection
as warranted.
Parking
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
7
1. Construction of the
approved parking
facilities adding 230
surface parking
spaces for a total of
1,650 parking spaces.
1. Construction of the
approved parking
facilities resulting in
the replacement of
493 surface parking
spaces and the
addition of 1,131
covered parking
spaces for a net
increase of 638 and a
total of 2,288 parking
spaces.
1. Construction of the
approved parking
facilities resulting in
the replacement of
138 surface parking
spaces and the
addition of 275
covered parking
spaces for a net
increase of 137 and a
total of 2,425 parking
spaces.
1. Construction of
the approved
parking facilities
resulting in the
potential
replacement of 676
surface parking
spaces with up to
2,400 covered
parking spaces for
a net increase of
1,724 and a total of
up to 4,149.
2. Monitoring of
parking needs.
2. Monitoring of
parking needs.
2. Monitoring of
parking needs.
2. Monitoring of
parking needs.
Stormwater
1. Preparation of a
storm water
management plan in
accordance with
provisions of YMC.
1. Implementation of
the approved storm
water management
plan.
1. Implementation of
the approved storm
water management
plan.
1. Implementation
of the approved
storm water
management plan.
VI. Current Zoning and Land Uses. The subject parcel is currently zoned Single -
Family Residential (R-1), Two -Family Residential (R-2) and Multi -Family Residential (R-
3). The purposes of these zoning districts are described as follows:
(1) R-1 Zoning District: The R-1 zoning district is intended to establish and
preserve residential neighborhoods for detached -single family dwellings free from other
uses except those which are compatible with, and serve the residents of, the district. The
district is intended to allow for moderate -density residential development up to seven
dwelling units per net residential acre in areas served by public water and sewer with
public police and fire protection. The district is characterized by forty-five percent lot
coverage; access to individual lots by local access streets; large front, rear and side yard
setbacks; and one and two story structures. The density in the district is generally seven
dwelling units per net residential acre or less (YMC § 15.03.020(B)).
(2) R-2 Zoning District: The purpose of the R-2 residential zoning district is to
establish and preserve residential neighborhoods for detached single-family dwellings,
duplexes and other uses compatible with the intent of the district, and to locate residential
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
8
development with densities up to twelve dwellings per net residential acre in areas
receiving a full range of public services including public water and sewer, and police and
fire protection. The district is characterized by up to fifty percent lot coverage, access via
local access streets and collectors, one and two story buildings, some clustering of units,
and large front, rear and side yard setbacks. Typical uses in this district are single-family
dwellings and duplexes. The density in this district generally ranges from seven to twelve
dwelling units per net residential acre (YMC § 15.03.020(C)).
(3) R-3 Zoning District: The purpose of the R-3 residential zoning district is to
establish and preserve high-density residential districts by excluding activities not
compatible with regular uses, and to locate high-density residential development that is
more than twelve dwelling units per net residential acre in areas that receive the full range
of urban services. In addition, the district is intended to locate high-density residential
development near neighborhood shopping facilities, and so that traffic generated by the
development does not pass through lower density residential areas (YMC § 15.03.020(D)).
(4) Land Uses: The subject properties under review are currently occupied by the
YVMH medical complex and by selected nearby single-family homes which the hospital
has under contract to purchase so that they can be relocated or demolished. Adjacent
properties have the following characteristics:
Location Zoning Land Use
North R-1 Residential
South R-1 Residential
West B -1/R-1 Office/Residential
East R-1 Residential
VII. Yakima Urban Area Comprehensive Plan. The Yakima Urban Area
Comprehensive Plan (YUACP) designates the future land use designation for this area as
Professional Office with an option for an Institutional Overlay district to be applied. The
intent of those designations may be describedas follows:
(1) Professional Office: The City's "Professional Office" Comprehensive Plan
Future Land Use designation is intended to allow a wide range of office uses, such as
financial institutions, real estate, insurance, engineering, legal, medical offices and other
similar business uses specifically permitted by the applicable zoning district.
(2) Institutions: The City's "Institutions" Comprehensive Plan Future Land Use
designation described at pages I1I-14 and III -15 of the Comprehensive Plan includes
existing and new large-scale institutional facilities such as hospitals and higher education
facilities that may have significant impacts to the surrounding land uses. Institutions such
as hospitals and higher education facilities play an important role in the community,
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
9
providing needed health and educational services to the citizens of the community and
region. Hospitals and higher educational facilities also provide major employment in the
Yakima Urban Growth Area and contribute to the growth of Yakima' s economy.
However, when these institutions are located in or adjacent to residential or pedestrian
oriented commercial areas, their activities and facilities can generate noise, traffic, and
other effects that could be potentially incompatible with the surrounding land uses. It is
anticipated that uses shown as "Institutions" on the Future Land Use Map will be
regulated under an "Institutional Overlay (IO)" zone. Designation of an IO on the City's
Zoning Map would occur only after approval of a detailed master site plan by the City
following the public process, which includes public hearings. The Yakima Valley
Memorial Hospital Campus has been designated in the Comprehensive Plan as an
Institutional Overlay. As a result, the proposed Master Development Plan was designed to
implement this Comprehensive Plan designation.
(3) The Comprehensive Plan contains the following Goals and Policies that are
relevant to the proposed Master Development Plan:
Goal 3.3: Preserve existing neighborhoods.
Policy 3.3.1: Preserve the character of neighborhood such as historic character,
architecture, natural features and layout.
Policy 3.3.2: Ensure that new development is compatible in scale, style, density, and
aesthetic quality to an established neighborhood.
Policy 3.3.3: Integrate historic preservation by ensuring new construction and
development integrate the existing historical buildings and landscaping to
help create a distinctive identity for the neighborhood.
Goal 3.5: Protect and promote identification of archeological and significant
historical sites and structures.
Policy 3.5.2: Identify historic neighborhoods within the Yakima Urban Area and assist
in obtaining an official classification as historic by the Local or National
Register of Historic Places.
Goal 3.14: Maximize the public service and economic benefits of institutions, while
minimizing the adverse impacts associated with their development
growth and expansion.
Policy 3.14.1: New institutions should be placed where they are compatible with
surrounding land uses, and existing institutions should be developed to be
compatible with adjoining land uses.
Policy 3.14.1.2: Institutions proposed for location in or adjacent to residential areas will
be reviewed under the "Institutional Overlay" zoning requirements, when
adopted.
Policy 3.14.2: Access to institutions shall be from the nearest arterial and should not
increase traffic on local residential streets.
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
10
Policy 3.14.3:
Policy 3.14.5:
Policy 3.14.6:
Policy 3.14.7:
Policy 3.14.8:
An impact analysis of how improvement to institutions will affect traffic,
parking, and other qualities in surrounding areas will be prepared as part
of an Institutional Overlay request.
All new development or expansion of hospital and higher education
facilities can be developed through establishing I0 districts.
The establishment of an Institutional Overlay (I0) district on the Zoning
Map will provide specific development standards that allow for
appropriate growth and development for new institutions, or for the
expansion of existing institutions within their existing or proposed
development boundaries.
• The purpose of establishing an I0 is to reduce or eliminate land use
conflicts between the proposed use and the surrounding areas.
• An I0 provides additional new regulations to the existing underlying
zoning district provision.
• An I0 district allows institutions to freely choose design and
development that best suit their facility and surrounding areas.
• Citizen participation will be encouraged throughout the planning
process.
• A Public Hearing before the Hearing Examiner using the Class (3)
review process will be required prior to the approval of the
establishment of an 10.
• Review criteria will become more restrictive the closer the institution
siting gets to the residential uses.
Establish boundaries for institutions to reasonably protect established
residential neighborhoods from further encroachment by institutions and
allow the institution to plan for future growth.
Require development and expansion of institutions to be reasonably
compatible with the adjacent residential neighborhoods, and to reasonably
minimize the parking and traffic impacts on the adjacent residential
neighborhoods.
Policy 3.14.9: Encourage institutions to develop master plans for their future development
to ensure that future growth is planned and coordinated specific to the
needs of the adjacent residential neighborhoods. Master plans may allow
institutions to develop more intensively to reduce the amount of property
necessary for their future growth.
VIII. Yakima Urban Area Zoning Ordinance. The institutional overlay zone has the
following characteristics:
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
11
(1) Institutional Overlay Zone: The purposes of the Institutional Overlay (IO)
zone is to allow for large-scale institutional facilities with special locational needs and
impacts which must be designated and performed in a manner that is compatible with
surrounding land uses. Through a master plan review process (YMC § 15.31.030) the
public is involved in the development of performance standards. A development
agreement and site master plan assure predictability for the owner, appropriate
jurisdiction, and citizens. The process balances the need for large-scale institutional
facilities to grow while minimizing adverse environmental impacts associated with such
development on the adjacent community (YMC § 15.31.010).
(2) Institutional Review Process: The institutional overlay zone and master
development plan (YMC § 15.31) identifies that the application shall be reviewed using
the review procedures described in YMC § 15.23.030. Upon filing of a valid rezone
application and completion of the required environmental review process, the Planning
Division shall forward the rezone application, together with its recommendation, to the
Hearing Examiner to conduct a public hearing and review in conformity with YMC §
15.23.030. Prior to the public hearing a recommendation will be obtained from the City of
Yakima Planning Commission. The decision of the Examiner shall be in the form of a
written recommendation to the legislative body pursuant to YMC § 15.23.030(E).
(3) Compliance with Institutional Review Process: In accordance with YMC §
15.31.030, the City of Yakima Planning Division reviewed the proposed application and
forwarded the application with its recommendation to the Hearing Examiner on October
21, 2010, to conduct the public hearing pursuant to YMC § 15.23.030. In regard to the
requirement to have a recommendation from the Planning Commission prior to the public
hearing, agreement was expressed at the hearing with the City Planning Division's view
that since YVMH's original Comprehensive Plan map amendment application to create
the institutional overlay future land use designation was combined with the City's 2006
Comprehensive Plan update process, the approval of the 2025 Comprehensive Plan by the
Yakima Regional Planning Commission constitutes the Planning Commission's
recommendation of approval in regard to this matter. The Examiner also agrees with that
view. YMC § 15.31.030 requires that the institutional overlay zone and master
development plan be reviewed using the review process and hearing process in conformity
with that section entitled "Rezones — Zoning map amendments."
IX. Institutional Overlay Rezone Review Criteria per YMC § 15.31.030 and YMC §
15.23.030. YMC § 15.31.030 provides that recommendations regarding institutional
overlay zones and master planned developments must be based upon the following rezone
criteria specified in YMC § 15.23.030(E):
(1) The testimony at the public hearing: The testimony at the public hearing is
included in the record in the form of the electronic recording of the hearing and in the
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
12
form of written comments reflecting the points presented by the testimony. The main
points of the testimony may be summarized as follows:
(a) No testimony was presented at the public hearing to the effect that the
application should be denied.
(b) Most of the testimony was very complimentary of the extensive
collaborative efforts of the representatives of the Yakima Valley Memorial
Hospital, the Barge -Chestnut Neighborhood Association and the City which have
over a period of years culminated in the application now under consideration.
(c) Despite the testimony emphasizing the many positive aspects of the
proposal under consideration, some residents submitted testimony and/or written
comments about several specific traffic issues of concern to the Barge -Chestnut
Neighborhood. The main concern revolved around the FEIS requirement for the
hospital's participation in the installation of traffic signals on South 24th Avenue at
its intersections with Summitview Avenue and Tieton Drive by Phase 3 of the
hospital's expansion, possibly by 2025 or 2035. That concern arises from a belief
that those traffic signals would result in cut -through traffic on South 24th Avenue.
Another concern revolved around the failure of the FEIS or the recommended
conditions of approval of this application to impose an obligation on the hospital to
play a role in implementing the traffic calming plan for the Barge -Chestnut
neighborhood. Another concern was the failure of the proposed traffic calming
plan to carry into the later phases of the hospital's expansion. Along the same
lines of desiring a link between the hospital's expansion and the proposed Barge -
Chestnut Neighborhood traffic calming plan, it was suggested that some or all of
the funds that the City would be receiving from the hospital for the vacated street
property ($127,050) should be kept in a separate fund to be utilized to assist in the
implementation of the traffic calming plan. The applicant supported that
suggestion, and Mr. Shinn called attention to a provision in RCW 35.79.030 which
requires that one-half of the revenue received as compensation for areas vacated
must be dedicated to the acquisition, improvement, development and maintenance
of public open space or transportation capital projects within the City.
(d) Although the FEIS has become final with its requirement for the
hospital's participation in the cost of traffic signals on South 24th Avenue for Phase
3 of its expansion, sections 3.5.3.2 and 3.5.3.3 of the draft Development
Agreement state the obvious that those traffic signals will only be installed "when
warranted in accordance with the standards set forth in the Manual on Uniform
Traffic Control Devices (MUTCD)." The expert testimony of the City's traffic
consultant, Julia Kuhn of Kittelson & Associates, was to the effect that intersection
improvements at all of the locations mentioned in the FEIS, except for the
intersections of Tieton Drive with South 28th Avenue and South 30t Avenue,
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
13
would be needed even if the hospital were not expanded. That is confirmed by the
fact that the hospital's fair share of the costs of those traffic signals is only a small
percentage of the total costs. It would be difficult to take the position that traffic
signals will never be installed at those intersections even if they are needed or that
the safety of motorists and pedestrians at those intersections can be sacrificed in
order to avoid cut -through traffic. Nevertheless, even though the Barge -Chestnut
Neighborhood traffic calming plan is not in the record of this application or
presented for the Examiner's consideration, it was suggested at the hearing that
perhaps it would be worth exploring possible ways that the traffic calming plan
improvements or other traffic improvements would or could help avoid or forestall
the need for those traffic signals or minimize adverse effects of cut -through traffic
if they are installed in the future.
(e) The Hearing Examiner also pointed out at the hearing that the traffic
calming plan has historically been on a separate track from this application and
will in fact be considered by the City Council in the not -too -distant future. It was
not linked to this application either as an FEIS mitigation condition or a
recommended condition of this application because it has not been found to be an
expense resulting from the hospital's expansion that the hospital should bear in
addition to the extensive number of FEIS traffic mitigation measures. Although
the hospital could voluntarily participate in the implementation of the traffic
calming plan, the opinions of the traffic experts in the record would not support
imposition of that obligation upon the hospital. If there is a problem with the way
the phasing of the traffic calming plan addresses the later phases of the hospital's
expansion, that would be better addressed in the consideration of the phasing of the
traffic calming plan rather than in the phasing of the hospital's expansion.
(f) The Hearing Examiner also pointed out at the hearing that deciding
how to use the funds received from the hospital for the vacated streets is
particularly a City Council prerogative, and that the Examiner frankly lacks the
knowledge or expertise to even make a recommendation in that regard. This is
true even though it was clear from the testimony at the hearing that a
recommendation from the Examiner to that effect would be well-received by both
the Barge -Chestnut Neighborhood Association and by the hospital. But there
could be many factors that will be considered in the budget process to determine
how to best use those funds, and the Examiner does not presume to be qualified to
even make a recommendation in this regard despite the invitation at the hearing to
do so.
(g) In summary, even though testimony and written comments were
submitted about some very specific traffic concerns in the Barge -Chestnut
Neighborhood, the testimony even by those who raised the traffic concerns did not
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
14
suggest that the application should be denied. The bulk of the testimony presented
at the public hearing was very positive about the process -- and about the results of
the process -- involved in this application.
(2) The suitability of the property in question for uses permitted under the
proposed zoning: The subject properties are and have been historically suitable for the
use of a hospital/institution. YVMH has been operating and expanding its campus at its
current location since approximately 1950. On December 12, 2006, the Yakima City
Council approved the City of Yakima's 2025 Comprehensive Plan which included an
amendment to Chapter 3, Land Use for Institutional Overlays. The text amendment for an
Institutional Overlay was aimed specifically at providing a Comprehensive Plan and
Zoning process that accommodates both the needs of Institutional master development
plans that are intended to guide future development over long time periods for institutions
such as hospitals or colleges, as well as the needs of surrounding neighborhoods. In
recognition of the new Institutional Overlay designation and the incorporation of YVMH's
2004 Comprehensive Plan Future Land Use Map Amendment into the City's 2006
Comprehensive Plan Update Process, YVMH's Comprehensive Plan's Future Land Use
Designation was modified to include an Institutional Overlay. This pre -designation of the
subject property ultimately identifies the property in question as suitable for the proposed
siting of an Institutional Overlay.
(3) The recommendation from interested agencies and departments: No
agencies are opposed to this application. The proposed Master Development Plan was
prepared in consultation with City of Yakima Departments and is designed to avoid
potential adverse impacts and meet or exceed City standards.
(4) The extent to which the proposed amendments are in compliance with
and/or deviate from the goals, policies, of the Yakima Urban Area Comprehensive
Plan and the intent of this title: The proposed amendment meets the intent of goals and
policies providing for protection of surrounding neighborhoods and supporting the
establishment of Institutional Overlays. These policies and goals include Goal 3.3,
Policies 3.3.1 to 3.3.3, Goal 3.14 and Policies 3.14.1 to 3.14.9 of the Yakima Urban Area
Comprehensive Plan 2025. In addition, the hospital campus has been designated in the
Comprehensive Plan as an Institutional Overlay specifically to enable YVMH, in
collaboration with the Barge -Chestnut Neighborhood Association, to prepare and submit a
Master Development Plan for City review and approval. The proposed amendment meets
the intent of this title, YMC Title 15, which is described in YMC § 15.01.030, so long as it
complies with the criteria and requirements of an institutional overlay.
(5) The adequacy of public facilities, such as roads, sewer, water and other
required public services: The subject properties are currently served by City water,
sewer and all other utilities. They have direct frontage upon Tieton Drive, Walnut Street,
South 31st, 30th, 29th, 28th and 27t Avenues. It has generally been determined that there is
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
15
adequate water and sewer capacity to support the full implementation of the Master
Development Plan, and there is adequate space on campus to collect and treat stormwater
through on-site bio -filtration facilities. In addition, the applicant has submitted a Right -of -
Way Vacation application with its Institutional Overlay application which requests the
vacation of portions of South 29th and 30th Avenues just south of Chestnut Avenue for the
purpose of closing off the hospital campus to through traffic through the Barge -Chestnut
Neighborhood. The vacation of these two streets will not affect the adequacy of public
facilities because appropriate easements are required to be provided for the continuation of
all existing facilities upon vacation of the public streets.
(6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: The proposed Institutional Overlay/Master Development Plan
and hospital use can be considered compatible with the surrounding zoning and
neighborhood as they were prepared in consultation with the Barge -Chestnut
Neighborhood Association, and were designed to promote compatibility between the
ongoing operations of the hospital and the surrounding residential neighborhood. Input
from the Barge -Chestnut Neighborhood Association regarding the Master Site Plan
included the siting and orientation of future buildings and parking garages, relationships
between the campus and the surrounding neighborhood, scale and mass of future parking
garages, the intensity and density of landscaping, traffic concerns, and the location of
pedestrian walkways, paths and community connections. The proposed closing of the
hospital campus to vehicular traffic in the Barge -Chestnut Neighborhood is a key design
feature that will make the campus even more compatible with the neighboring residential
properties.
(7) The public need for the proposed change. The public need for the proposed
Institutional Overlay and Master Development Plan is found in the fact that creation of the
overlay and master plan will direct development on the hospital properties in a way which
benefits Yakima. Valley Memorial Hospital, the Barge -Chestnut Neighborhood, and the
general public by:
(a) Fixing the campus boundaries;
(b) Prioritizing future improvements and establishing a Phasing Plan to guide
future construction;
(c) Providing certainty to neighboring property owners that the size, scale and
location of proposed hospital development will not encroach further into the
Barge -Chestnut Neighborhood;
(d) Providing certainty to YVMH that the proposed development can be built
without public opposition, through a streamlined permitting process;
(e) Creating an aesthetically pleasing functional campus environment that
provides for proper vehicle access, parking, walkways, and landscaping; and
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
16
(f) Controlling vehicle access to the campus to reduce traffic in the Barge -
Chestnut Neighborhood.
X. Development Standards per YMC § 15.31.040(A). Development standards for uses
within an Institutional Overlay zone may differ from those of the underlying zone when
approved as part of the Master Development Plan. The current zoning district
development standards are compared to the applicant's proposed development standards
as follows (YMC § 15.31.040 (A)):
(1) Maximum gross floor area of development. Current Zoning District
Standards: None. Applicants Proposed Standards: The following maximum gross floor
areas for each building are established as "not to exceed" figures and shall be incorporated
into the Master Development Plan Planned Action Ordinance, and Development
Agreement as conditions of approval: Main Hospital Building Addition (775,528 square
feet); West Pavilion I (72,555 square feet); West Pavilion II (50,000 square feet); Early
Learning Center (12,000 square feet); North Pavilion I (100,000 square feet); East
Pavilion I (50,000 square feet); Rainier House, Human Resources (2,039 square feet);
Parking Garage 1, PG -1 (283,745 square feet); Parking Garage 2, PG -2 (99,248 square
feet); Parking Garage 3, PG -3 (88,274 square feet); Parking Garage 4a, PG -4a (283,230
square feet); and Parking Garage 4b, PG -4b (282,230 square feet).
(2) Maximum building height. Current Zoning District Standards: Single -Family
Residential, R-1 (35 feet); Two -Family Residential, R-2 (35 feet); and Multi -Family, R-3
(50 feet). Applicant's Proposed Standards: The following building heights have been
established as "not to exceed" figures and shall be incorporated into the Master
Development Plan Planned Action Ordinance and the Development Agreement as
conditions of approval. Energy Plant and Loading Dock (60 feet); East Addition --
Hospital Building (75 feet); Early Learning Center (20 feet); West Pavilion I Addition (30
feet); West Addition -- Hospital Building (75 feet); East Pavilion Addition (30 feet); South
Addition -- Hospital Building (75 feet); North Pavilion Addition (60 feet); Parking Garage
1 (36 feet); Parking Garage 2 (24 feet); Parking Garage 3 (24 feet); Parking Garage 4a (36
feet); and Parking Garage 4b (36 feet).
(3) Minimum building setbacks. Current Zoning District Standards: Tieton Drive
(20 feet from property line) and South 31st, 30th, 29th, 28th and 27th Avenues (10 feet from
property line). Applicant's Proposed Standards: The building setbacks from external
property lines shall be as depicted on Figure 20 of the Master Development Plan
application as minimum figures and shall be incorporated into the Master Development
Plan Planned Action Ordinance and Development Agreement as conditions of approval: i.
e., Tieton Drive (18 to 41 feet); South 31st Avenue (21 to 104 feet); north property line
between South 31st and South 28th Avenues (125 to 133 feet); east property line between
South 29th and South 28th Avenues (30 feet); north property line between South 28th and
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
17
South 27th Avenues (40 to 42 feet); and South 27th Avenue (58 to 103 feet). In order to
make the most effective use of space on the hospital campus, the applicant's request that
no setbacks be required from internal lot lines as depicted in Figure 20 and that it retain
the right to consolidate existing parcels, adjust parcel lines and/or submit binding site
plan(s) for City review and approval in the future is approved.
(4) Maximum lot coverage. Current Zoning District Standards: Single Family
Residential, R-1 (45%); Two -Family Residential, R-2 (50%); and Multi -Family, R-3
(80%). The current level of lot coverage is 70%. Applicant's Proposed Standard: The
applicant proposed a lot coverage standard of 71% as part of its application. However,
due to the fact that some variation in building size and landscaping is allowed to occur
with this Master Development Plan, YVMH is now requesting that the 71% lot coverage
standard for the Master Development Plan be adjusted and approved at 80%. This
standard is consistent with the R-3 and B-1 zoning district lot coverage standards.
Furthermore, this nine percent increase is acceptable because it allows needed flexibility
to promote compatibility with neighboring land uses. Upon approval, this Institutional
Overlay/Master Development Plan shall be incorporated into the Master Development
Plan Planned Action Ordinance and Development Agreement as a condition of approval.
(5) Minimum and maximum off-street parking. Current Zoning District
Standards: Hospital (1.5 spaces for each bed); Medical Office Buildings (1 space for each
200 square feet of gross floor area); and Early Learning Center, Day Care Center (1 space
for each employee plus 1 space for each 6 children). Applicant's Proposed Standards:
Hospital (4.72 spaces per bed for a suburban setting); Medical office building (3.53 spaces
per 1,000 square feet); and Early Learning Center (3.16 spaces per 1,000 square feet --
assumes a stand-alone location). The applicant's proposed parking standards were derived
from the Institute of Transportation Engineers (ITE) Parking Generation Manual (3rd
Edition) that contains national data that can be used to estimate parking needs for a variety
of land uses. These standards differ slightly from the City of Yakima's parking standards
but were assessed for adequacy in the Environmental Impact Statement based on the
national data and the current and future parking conditions at the hospital. The proposed
standards have been incorporated into the Planned Action FEIS as Table 5, which
identifies the required amount of parking to be built per phase. Based on national
experience, the proposed standards have been determined to be adequate for the proposed
Master Development Plan and will provide a surplus of parking on the campus in all
phases of development. As a result, YVMH will be required to build the identified
amount of parking per phase in adherence with Table 5 of the FEIS, and the identified
information shall be incorporated into the Master Development Plan Planned Action
Ordinance and Development Agreement as a condition of approval.
(6) Landscaping. Current Zoning District Standard: The current landscaping/
sitescreening standard for hospital uses that abut residential uses or areas is sitescreening
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
18
standard "C". Sitescreening standard "C" consists of a view -obscuring fence made of
wood, masonry block, concrete or slatted chain link material. A three -foot -wide planting
strip landscaped with a combination of trees, shrubs and groundcover along the outside of
the fence is also required when the fence is adjacent to a street, alley or pedestrian way
(YMC §15.07.040). Applicant's Proposed Standard: Other than fencing, the applicant is
not proposing a different standard for this requirement. YVMH has developed in concert
with the Barge -Chestnut Neighborhood Association, a conceptual landscaping plan which
is generally depicted in Figure 18 of the Master Development Plan application. It is
proposed that the fencing surrounding the campus be designed to match the existing
wrought iron fencing and as a result will not be made of view -obscuring materials as
required by the City's landscaping standards. Any and all other proposed landscaping shall
meet the requirements of YMC § 15.07.040. Upon completion of the proposed
landscaping plan, it shall be submitted to the City of Yakima for review and approval in
accordance with the provisions of the Development Agreement.
(7) Signage. Current Zoning District Standard: YMC 15.08. Applicant's Proposed
Standard: The applicant is not proposing a different standard for this requirement, and all
signage proposed as part of future development shall meet the current zoning ordinance
standards of YMC § 15.08.
(8) Exterior lighting, shadows, and glare reduction. Current Zoning District
Standard: None. Applicant's Proposed Standard: New lighting shall be shielded and
downward -facing in accordance with "Dark Sky" principles that promote safety while
minimizing the potential adverse impacts on neighboring properties. As a condition of
approval of the Master Development Plan, prior to construction of each phase, the
applicant shall provide the City of Yakima with a lighting plan which complies with the
"Dark Sky" principles.
(9) Other standards determined by the City to be necessary to ensure land
use compatibility with other uses in the surrounding area. No other standards have
been identified which need to be applied to promote compatibility with other uses in the
area.
XI. Legislative Body's Topics for Consideration per YMC 4 15.31.040(B). The
enumerated topics for consideration by the legislative body in determining development
standards for a particular Institutional Overlay zone are set forth as follows in YMC §
15.31.040 (B):
(1) The institution's compatibility with surrounding uses as related to public
safety. The proposed Master Development Plan was designed to address potential public
health and safety issues. No adverse public health or safety issues have been identified as
a result of the proposed Institutional Overlay/Master Development Plan.
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
19
(2) The institution's compatibility with surrounding uses as related to site
access, on-site vehicular and pedestrian circulation, and on & off-street parking. The
proposed Institutional Overlay/Master Development Plan and Planned Action EIS
includes provisions for vehicle, pedestrian and bicycle access, as well as parking plans
specifically created with the intent to provide more efficient campus roadways and
pedestrian pathways. Transit ways, campus infrastructure, pedestrian spaces, and open
space were designed to be physically connected to provide efficient, safe and attractive
linkages. The overall transportation plan includes the development of a looped roadway
that requires the closure of the hospital campus to thru traffic, that follows South 28th
Avenue, South 30th Avenue and Walnut Street, and the vacation of portions of South 29th
and South 30th Avenues. The primary objectives of this closed campus and looped
roadway are to separate patients, employees and emergency vehicles; to provide for
appropriate parking distribution; and to provide for development of safe landscaped
pedestrian walkways. It is also the intent to direct all vehicular access to the campus to
Tieton Drive to reduce traffic through the adjoining Barge -Chestnut Neighborhood. The
City of Yakima's Traffic Engineering Consultant, Kittelson & Associates, has reviewed
the hospital's internal circulation and parking plans to ensure the proposed plans meet the
future needs of the proposed development and community. The consultant has concluded
that the proposed Institutional Overlay/Master Development Plan provides adequate
circulation and parking so long as the hospital complies with the conditions of the City of
Yakima's YVMH FEIS issued October, 1 2010. The proposed looped roadway is also
consistent with the provisions of the traffic calming plan proposed by the Barge -Chestnut
Neighborhood Association and ratified by a vote of neighboring residences.
(3) The institution's compatibility with surrounding uses as related to
landscaping and buffering of buildings, parking, loading and storage areas. In
concert with the Barge -Chestnut Neighborhood Association, YVMH has developed a
conceptual landscaping plan which is generally depicted in Figure 18 of the Master
Development Plan application and which is premised on the fact that the fencing
surrounding the campus will be designed to match the existing wrought iron fencing and
as a result will not be made of view -obscuring materials. Due to the fact that the proposed
plan has not yet been fully reviewed and approved by the Barge -Chestnut Neighborhood
Landscaping Committee, all proposed landscaping will be required to comply with YMC
§ 15.07.040. Furthermore, upon completion of the proposed landscaping plan it shall be
submitted to the City of Yakima for review and approval in accordance with the
provisions of the Development Agreement.
(4) The institution's compatibility with surrounding uses as related to light
and shadow impacts. All new lighting on the hospital campus will be shielded and
downward -facing in accordance with "Dark Sky" principles that promote safety while
minimizing potential adverse effects on neighboring properties. As a condition of approval
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
20
of the Master Development Plan, the applicant shall prior to construction of each phase
provide the City of Yakima with a lighting plan which complies with the "Dark Sky"
principles.
(5) The institution's compatibility with surrounding uses as related to
potential environmental impacts, such as noise, vibration, smoke, dust, odors,
light/glare, or other undesirable impacts. Although the only environmental impacts that
were identified as needing further study and mitigation as a result of the proposed
Institutional Overlay/Mastef Development Plan were Traffic, Stormwater, and Parking,
YVMH has proposed the following conditions as a part of the Master Development Plan
to ensure that all environmental impacts and undesirable effects are addressed:
(a) Geotechnical reports will be prepared in conjunction with subsequent
project specific development proposals, as required by the City.
(b) Prior to the initiation of each phase, YVMH shall prepare and submit
for City review and approval a construction access plan. This plan will apply to
truck movements associated with the removal of excavated material from the
campus and deposit of structural fill. The plan would also involve the measures to
retain access by emergency vehicles at all times and changes to common access
routes necessitated by construction activities or road closures.
(c) In conjunction with each building permit, YVMH shall submit for City
review and approval a Temporary Erosion Control Plan that includes such
measures as the placement of quarry spills at the truck egress location to minimize
tracking of soil onto City streets.
(d) Prior to the initiation of each phase, YVMH shall prepare and submit
for appropriate agency review and approval a dust control plan to minimize
potential particulate emissions. Additionally, the hospital will explore, prior to the
implementation of each phase, measures that can be implemented to reduce
potential impacts to air quality.
(e) Prior to the initiation of each phase,.a Storm Water Management Plan
will be submitted for City review and approval. It is expected that this plan will
feature onsite retention/detention and bio -filtration in swales incorporated into
landscaped buffers.
(f) Utility Plans: Prior to initiating each phase of development, a utility
plan or plans shall be submitted to the City for review and approval. The plan or
plans will demonstrate that adequate capacity exists or can reasonably be provided
to meet projected need for water and sewer services in accordance with City
standards.
(g) Operational noise impacts are not expected from traffic related to the
Proposed Action along any of the residential streets in the project's vicinity or
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
21
from the parking garages. Therefore, noise mitigation is not proposed for either
project -related traffic along public roadways or for parking garage facilities.
(h) Noise associated with construction activities will be controlled in
accordance with the provisions of the City's noise ordinance.
(i) Select exterior light sources and security lighting within the above -grade
portion of parking structures will direct light to the intended objective and
minimize light spillage.
(j) Design of the facades of the above -grade portion of parking structures
will minimize light spillage beyond the parking structure.
(k) Site and orient exterior lighting fixtures to direct light downward and
away from off -campus land uses.
(1) Perimeter landscaping will be provided and maintained around the
campus boundaries to lessen the effects of off -campus light spillage and shadow
impacts.
(m) Where possible, shield construction area lighting to lessen off -campus
light -related impacts.
(6) The institution's compatibility with surrounding uses as related to the
number, size, and location of signage. The applicant is not proposing a different
standard for this requirement. All signage proposed as part of future development will be
required to meet the current zoning ordinance standards of YMC § 15.08.
(7) The institution's compatibility with surrounding uses as related to the
character of the neighboring properties compared to the adjacent institutional uses
and activities. The closed campus is the overriding feature of the proposal which makes
the institutional uses and activities compatible with the character of the neighboring
properties. The collaboration with the Barge -Chestnut Neighborhood resulted in many
other features such as the location and height of structures, landscaping, lighting and
sitescreening that promote the compatibility of the hospital with neighboring properties.
(8) The unique characteristics of the proposed use. As previously stated, the
subject properties are and have been historically suitable for the use of a
hospital/institution because YVMH has been operating and expanding its campus at its
current location since approximately 1950. Implementation of the proposed Institutional
Overlay/Master Development Plan will enable the hospital to continue to expand its
facilities while serving the healthcare needs of the community and while providing the
surrounding neighborhood with protection from further encroachment of hospital
development.
(9) The unique characteristics of the subject property. The subject property is
unique in that has been developed and used for over sixty years as a hospital serving the
Greater Yakima Valley. Approval of the proposed Master Development Plan will enable
the hospital to continue to grow on the same property and respond to changes in the health
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
22
care industry. The hospital campus is readily accessible from Tieton Drive, and the layout
of the campus lends itself to vacating the streets that provide secondary access and
directing all access to the main entrances off of Tieton Drive. There is sufficient land on
the site to support extensive landscaping and the development of amenities that will create
a park -like setting for the use and enjoyment of hospital patients, visitors, staff and
neighboring residents.
(10) The arrangement of buildings and open spaces as they relate to each
other within the institutional campus. Based upon input from the Barge -Chestnut
Neighborhood Association, the Institutional Overlay/Master Development Plan has been
designed to have the buildings oriented to minimize their appearance from the
neighborhood. Several of the buildings have been designed with floors below grade to
reduce their overall height, and extensive landscaping is being proposed to further shield
the new buildings and additions. In addition, each new building and addition will be
designed to be consistent with the height of the neighboring buildings even though
specific building heights will not be established until building permit submittal.
(11) Visual impacts of the institution on the surrounding area. The placement
and maximum building height limitations for each building proposed in the Institutional
Overlay/Master Development Plan was designed in consultation with the Barge -Chestnut
Neighborhood Association to specifically minimize the alteration of views and aesthetic
impacts. In locations where views may be affected, appropriate landscaping has been
designed.
(12) Public improvements proposed in connection with the institution's
Master Plan. Public improvements/mitigation will be required by phase as identified in
Table 6 of the Planned Action FEIS.
(13) The public benefit provided by the institution. As stated previously, the
public need for the proposed Institutional Overlay and Development Master Plan is that
creation of the overlay and master plan will direct development on the hospital properties
in a way which benefits Yakima Valley Memorial Hospital, the Barge -Chestnut
Neighborhood, and the public by:
(a) Fixing the campus boundaries;
(b) Prioritizing future improvements and establishing a Phasing Plan to guide
future construction;
(c) Providing certainty to neighboring property owners that the size, scale and
location of proposed hospital development will not encroach further into the Barge -
Chestnut Neighborhood;
(d) Providing certainty to YVMH that the proposed development can be built
without public opposition, through a streamlined permitting process;
(e) Creating an aesthetically pleasing functional campus environment that
provides for proper vehicle access, parking, walkways and landscaping; and
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10;and SEPA #028-09
23
(f) Controlling vehicle access to the campus to reduce traffic in the Barge -
Chestnut Neighborhood.
XII. Effect of Approval of Institutional Overlay/Master Development Plan per YMC
§ 15.31.050. The effect of approval of the Institutional Overlay/Master Development Plan
shall be as follows:
(1) Approval of the Institutional Overlay/Master Development Plan by the
legislative body shall guide future development within the Institutional Overlay. The
approved Master Development Plan and Development Agreement shall remain binding
upon YVMH and the City. Approvals of building permits and zoning certificates shall be
as required for Type (1) permits provided the proposed improvement conforms to the
Master Development Plan as approved.
(2) In addition, any City, County, State, Federal or other regulation or standard not
specifically superseded by the adopted Master Plan and Development Agreement shall
remain in full force and effect. Any use of land for purposes other than specifically
approved as part of the adopted Master Plan and Development Agreement shall be subject
to all requirements of the underlying land use zone as designated on the Official Zoning
Map (YMC 15.31.050).
XIII. Subsequent Actions and Project Applications under an Approved Master Plan
and Amendments to the Master Plan per YMC 4 15.31.060. The processes utilized for
subsequent actions, applications and amendments are as follows:
(1) All proposed actions or construction which implement the Master Develop-
ment Plan shall be reviewed through the Type (1) review process. Minor modifications to
the adopted Master Development Plan and/or Development Agreement will undergo Type
(2) review, and major modifications will undergo a Type (3) review. Specific criteria must
be incorporated into the final zoning regulation/Planned Action Ordinance and
Development Agreement governing the hospital's Master Plan as required by YMC §
15.31.060.
(2) In accordance with YMC § 15.31.060 (A), (B) and (C) and with YMC §
15.31.025(C)(7), the applicant has identified the following criteria for determining major
vs. minor modifications which shall be incorporated into both the Planned Action
Ordinance and Development Agreement:
Type 1 Administrative Review. Projects or actions consistent with the approved
Master Development Plan. This includes, but is not limited to:
(a) Adjustments to the location of buildings consistent with exterior
setbacks and the provisions of the approved Master Development Plan;
(b) Adjustments to the height of buildings consistent with exterior setbacks
and the provisions of the approved Master Development Plan;
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
24
(c) Adjustments to the proposed square footage of buildings that do not
require additional traffic mitigation;
(d) Changes to the Phasing Plan consistent with approved Mitigation Plans
and the approved Master Development Plan;
(e) Detailed building plans consistent with the approved Master Develop-
ment Plan;
(f) Detailed landscaping plans prepared in consultation with the Barge -
Chestnut Neighborhood Association consistent with the approved Master
Development Plan;
(g) Detailed utility plans consistent with the approved Master Development
Plan; and
(h) The consolidation of lots or lot line adjustments.
Type 2 Administrative Review/Minor Modification. Projects or actions that do
not substantially differ from the approved Master Development Plan, as
determined by the Director of Community and Economic Development, shall be
considered Minor Modifications and include:
(a) Adjustments to the location of buildings, proposed in consultation with
and agreed to in writing by the Barge -Chestnut Neighborhood Association's
President, which require modifications to approved exterior setbacks;
(b) Minor modifications to the height of buildings greater than the
approved not to exceed levels, proposed in consultation with and agreed to by the
Barge -Chestnut Neighborhood Association;
(c) Revisions to the Phasing Plan that require minor modifications to
approved Mitigation Plans;
(d) New structures or additions to existing structures that do not extend
construction beyond approved exterior setbacks, or make construction higher in
elevation than is approved under the Master Development Plan;
(e) The addition of more parking spaces for projects contemplated by the
Master Development Plan, provided the additional parking spaces do not extend
beyond approved exterior setbacks;
(f) A waiver of a development standard or Master Development Plan
condition where the proposal does not go beyond the minimum necessary to afford
relief, and the change will not be materially detrimental to the public or injurious
to property or improvements in the vicinity of the institution.
Type 3 Review/Major Modifications. Projects or actions not contemplated in the
approved Master Development Plan may be considered Major Modifications and
include:
(a) Modifications to the proposed square footage of buildings that require
additional traffic mitigation;
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
25
(b) New structures, or additions to an existing structure, or additional
parking spaces, that do not meet criteria of Type (2) review above;
(c) Any expansion of the boundaries established by the approved Master
Development Plan; and
(d) All other changes to the approved Master Development Plan which in
the opinion of the Administrative Official represent a substantial change to the
design, impacts, character or functional nature of the project.
(3) The City generally agrees with the applicant's proposed Type 1, Type 2 and
Type 3 Review/Modification conditions with the exception of Type 2 Review conditions
(a) and (b). It is a concern of the City Planning Division that requiring the approval of the
Barge -Chestnut Neighborhood Association or its President prior to submittal of a Minor
Modification usurps the Type 2 Review process, and adds uncertainty to the public review
process in the event that the Barge -Chestnut Neighborhood Association dissolves or
becomes dysfunctional. Therefore, it is the recommendation of the Planning Division that
the references to either the Barge -Chestnut Neighborhood Association or its President be
removed from these two conditions. Conversely, this recommendation would not in any
way preclude the Barge -Chestnut Neighborhood Association and YVMH from entering
into a private agreement in regard to these two conditions. There was no objection to this
at the hearing and the Examiner recommends that Type 2 Review
conditions (a) and (b) be modified to the extent recommended by the Planning Division.
XIV. Development Agreement Requirements per YMC & 15.31.025(C). A draft
Development Agreement was submitted as part of the application for an Institutional
Overlay Application/Master Development Plan. The following elements set forth in YMC
§ 15.31.025(C) must be included in the Development Agreement:
(a) Narrative description of project and objectives;
(b) Restatement of development standards of YMC § 15.31.040(B);
(c) Site plan elements;
(d) Development phasing, including times of performance to preserve vesting;
(e) Public meeting summaries (YMC § 15.31.026);
(f) Performance standards and conditions addressing the above items;
(g) Criteria for determining Major vs. Minor modifications and amendments; and,
(h) Property owner signature.
The draft Development Agreement shall be modified, as necessary, to include a summary
of the public hearings and meetings regarding this process, and all conditions of approval
specified by the Yakima City Council.
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
26
XV. Description of the Applicant's Requested Vacation of Street Right -of -Way. The
hospital's application for vacation of street right-of-way may be described as follows:
(1) The subject right-of-way for this vacation is a portion of two public local
access streets, South 29th Avenue and South 30th Avenue. The public streets are fully
developed with curb, gutter, sidewalk and paving. South 29th Avenue currently ends in a
cul-de-sac in front of residential properties owned by YVMH and only serves two
privately -owned single-family residences. South 30th Avenue provides access to the
hospital campus from the north and to five other properties located south of Chestnut
Avenue.
(2) The vacation of these streets is an essential design feature of the proposed
Master Development Plan that will enable the campus to be closed and so that all
vehicular access will be directed to main entrances off of Tieton Drive. The two private
residences that utilize South 29th Avenue for access will continue to use the roadway as a
privately owned, joint use driveway. Since South 29th Avenue is currently not a through
street and all other property fronting the segment of South 29th Avenue to be vacated is
owned by YVMH, the public use of the right-of-way is not adversely affected. The
vacation of South 30th Avenue will be implemented in phases, and it is anticipated that
affected property owners will deed their share of the vacated roadway to YVMH for
maintenance as a private street and will retain or be granted an access easement. As a
result, no property owners will be denied access to their property.
(3) The public will continue to have bicycle and pedestrian access to the hospital
campus by way of South 30th Avenue, but vehicles seeking to access the hospital campus
will by design and at the request of the Barge -Chestnut Neighborhood Association be
redirected to entrances off of Tieton Drive.
(4) There is currently an existing 6 -inch waterline in both South 29th Avenue and
South 30th Avenue, with existing 3/4 -inch water services to each parcel. Even though no
other franchise utilities responded to the notice of the proposed vacation, YVMH will be
required as a condition of approval to provide a plan accurately showing all existing
utilities and appropriate easements to protect the identified utilities.
XVI. Street Right -of -Way Vacation Procedure and Criteria per RCW 35.79 and
City Policy. Chapter 35.79 of the Revised Code of Washington and supplemental City
policy prescribe the procedure and the criteria for vacation of street right-of-way. Owners
of more than two-thirds of the property abutting the portions of the streets to be vacated
signed the petition and proper notice of the hearing was given. The requisite criteria are
satisfied for approval of this street vacation for the following reasons:
(1) Public benefit and reasons supporting the proposed vacation and the
limits of the proposed vacation. The public benefit of the project is that YVMH has
prepared a Master Development Plan in consultation with the Barge -Chestnut
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
27
Neighborhood Association to guide growth and development activities on the main
campus of the hospital over the next 30 years. An essential design feature of the Master
Development Plan is closing the campus and directing all vehicular traffic to the main
entrance on Tieton Drive so as to reduce the amount of vehicular traffic through the
Barge -Chestnut Neighborhood. The vacation of portions of South 29th and South 30th
Avenues is also necessary to implement the Master Development Plan. The vacation will
benefit the surrounding neighborhood by providing predictability and consistency with the
traffic calming plans that are in the process of being approved for the neighborhood by the
City. The proposed street vacation will enable YVMH to make the most efficient use of
the space on the hospital campus and will avoid the need to expand the campus
boundaries, or to increase the height of buildings on the campus beyond what is proposed
in the Master Development Plan, or to relocate to another site.
(2) Necessity for the Right -of -Way as Access to Property. This vacation request
does not deny sole access to any property. The proposed street vacation has been
designed in consultation with the City and the affected property owners in order to
maintain public access to all affected properties. South 29th Avenue is proposed to be
vacated from West Walnut Street north to West Chestnut Avenue. Upon approval, YVMH
will install a decorative fence or barrier across South 29th Avenue at the northern boundary
of the hospital campus along with landscaping, and site improvements in accordance with
the Master Development Plan. The two private property owners that utilize this segment
of the roadway will own and maintain it as a private joint use driveway, and reciprocal
access easements will be granted. As a result, these properties will not have any pass-
through traffic traveling past their property to the hospital. South 30th Avenue is also
proposed to be vacated from West Walnut Street to West Chestnut Avenue. In order to
maintain appropriate access to all affected properties throughout all phases of
construction, the vacation itself will be implemented in phases. Specifically, in
accordance with the provisions of an agreement to be finalized between YVMH and the
five affected property owners, ownership of the segment of South 30th Avenue from the
campus boundary north to West Chestnut Avenue will be deeded to YVMH. The property
owners will reserve or be granted a private access easement. YVMH will then install a
temporary barricade across South 30th Avenue at the current boundary of the hospital
campus in accordance with the provisions of the approved Master Development Plan.
This will allow the five affected property owners to access West Chestnut Avenue on what
will then be a dead-end private street, owned and maintained by YVMH. It is anticipated
that YVMH will subsequently acquire and incorporate into the campus two of the
privately owned parcels that front on South 30th Avenue. A permanent fence and
landscaping will then be installed in accordance with the Master Development Plan. The
three remaining private property owners will then continue to access West Chestnut
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
28
Avenue from the private road without any pass-through traffic other than pedestrians and
bicycles.
(3) Consistency with the Six Year Transportation Improvement Plan, the
Urban Area Comprehensive Plan and other Official City Plans and Policies. The
streets to be vacated are not slated for improvement on the City's Six Year Transportation
Plan or required to remain public streets under any other City plan or policy. On the other
hand, the hospital campus has been designated in the City Comprehensive Plan as an
Institutional Overlay which enables YVMH to prepare a Master Development Plan to
guide future growth and development activities on the campus. The proposed street
vacation is an essential feature of the proposed Master Development Plan which has been
prepared by the hospital in accordance with the provisions of the City's Comprehensive
Plan and development regulations. The street vacation is also consistent with the proposed
traffic calming plan which was prepared by the Barge -Chestnut Neighborhood
Association and will be considered for adoption by the City Council.
(4) Consistency with Existing and Anticipated Development in the Area based
on Zoning, Current Use and Long -Range Plans. This criterion is satisfied because the
hospital campus has been designated in the City Comprehensive Plan as an Institutional
Overlay which enables the hospital to prepare a Master Development Plan to guide future
growth over the next 30 years. The proposed streetvacation is an essential feature of the
proposed Master Development Plan that has been prepared in accordance with the City's
Comprehensive Plan and development regulations. One purpose of the Institutional
Overlay and corresponding Master Development Plan is to ensure compatibility of land
uses on an ongoing basis while allowing further development of the proposed institutional
use.
(5) Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. All existing utilities will remain in place, and language reserving an easement
for their continued use will be retained within the ordinance granting the street vacation.
(6) Fair Market Appraisal and Compensation to the City. City resolution R-
2007-126 specifies the requirements under which compensation must be paid to the City
for vacation of public streets and alleys. Compensation in the amount of one-half of the
independently appraised value must be paid to the City prior to the effective date of any
street vacation where 110% of the Yakima County Assessor's valuation for the vacated
area exceeds $20,000. Based upon YVMH's independent appraisal conducted by Korn's
Appraisal Service, the total amount of compensation required for the vacation of the
identified portions of both South 29th Avenue and South 30th Avenue is $127,050 which is
one-half the appraised value of both street segments:
(a) South 29th Avenue: $127,100 less R-2007-126 reduction by 50% is $63,550.
(b) South 30th Avenue: $127,000 less R-2007-126 reduction by 50% is $63,500.
(c) The total compensation to be paid for both street segments is $127,050.
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
29
XVII. Transportation Concurrency per YMC 12.08. Transportation Currency review
for this application may be described as follows:
(1) The applicant submitted a Traffic Analysis Report and a Planned Action EIS
relative to its campus expansion plan to increase the size of the hospital by 379,943 square
feet and medical office space by 177,000 square feet in the vicinity of South 28th Avenue
and Tieton Drive. The data analyzed in the report is taken from the EIS and related
material, which also provided additional detailed information related to trip distribution
and generation rates.
(2) City of Yakima Administrative procedures for Concurrency Analysis use the
PM Peak hour trip of the adjacent street for the selected land use category. The site -
generated traffic is distributed to the Arterial Street sections noted below. Estimated
distribution of the site -generated trips is shown on the table below. Based upon actual
data, City of Yakima Traffic Volumes for PM Peak Hour is assessed as 8.7% of total
Average Daily Traffic (ADT). Peak hour reserve capacity includes any vehicle trips
previously assigned under the Concurrency Ordinance.
(3) The table below shows the specific information leading to the approval of this
application for consistency with YMC 12.08 and for the determination that this
development will not exceed the PM peak hour capacity of the City Arterial street system,
and that reserve capacity exists on all impacted streets. This review does not include any
site development or safety issues which may be discussed at the project level or SEPA
review. Even though the review does not address intersection level of service, the Planned
Action EIS and traffic studies submitted by the applicant provide intersection mitigation
by development phases. The specifics set forth in the table are as follows:
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
30
Existing 2009 Conditions With Development Build -out
(PM Peak Hr) PM Peak Hour (2035)
Segment
Direction
Volume
Lanes
v/c
LOS
Volume
Lanes
LOS
40th Ave
Northbound
798
2
0.5
A
1229
2
0.61
B
(Summitview
to Tieton)
Southbound
1145
2
0.72
C
1763
2
0.88
D
Total
1943
4
0.61
B
2992
4
0.85
D
16th Ave
Northbound
763
2
0.48
A
1322
2
0.66
B
(Summitview
to Tieton)
Southbound
1032
2
0.65
B
1646
2
0.82
D
Total
1795
4
0.56
A
2968
4
0.85
D
Tieton Drive
Eastbound
635
2
0.4
A
1019.
2
0.51
A
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
30
(40th to 32nd
Ave)
Westbound
916
2
0.57
A
1511
2
0.76
C
Total
1551
4
0.48
A
2530
4
0.70
C
Tieton Drive
Eastbound
559
2
0.35
A
1070
2
0.54
A
(32nd to 16th
Ave)
Westbound
823
2
0.51
A
1485
2
0.74
C
Total
1382
4
0.43
A
2555
4
0.71
C
XIII. Development Services Team (DST). A courtesy DST meeting was held for this
project on March 20, 2009, and January 27, 2010. The comments received from public
agencies and private companies with an interest in this application may be summarized as
follows:
(1) Code Administration. Any structures to be demolished will require the
Yakima Regional Clean Air Agency to sign -off in order to obtain demolition permits at
the City of Yakima. Further review will be forthcoming for hydrant fire flows and/or
additional hydrant placement. A paved access path will be required to every portion of the
hospital campus for Fire Department access. (Section D102.1 of the 2009 International
Fire Code). Plan review will be conducted under the guidelines of whatever edition of the
building code is adopted at the time that building plans are submitted.
(2) Fire & Life Safety. For possible rescue scenarios, the truck companies would
need access to rooftops and windows all around the building. The platform truck is eight
feet wide and extends outriggers four feet more on each side. Information is requested for
proposed locations or relocation of Fire Department Connections for sprinkler systems and
standpipes prior to a recommendation being issued on location of fire hydrants. Entrances
to the parking lot should be sufficient to allow passage of a fire engine. Fire Department
access to or from the hospital campus on South 29th or South 30th Avenues is not needed,
and these streets can be closed off. The installation of gates, bollards or other means of
providing a travel -way for emergency vehicles is not required because fire engine access
to the hospital will be from Tieton Drive, and emergency vehicles responding to calls from
the private residences will be able to back up onto Chestnut when departing. The Fire
Department will not require a hammerhead at the end of South 29th and South 30th
Avenues near parking garage 4a and 4b. The Department will be able to access the roof of
the two-story parking garages from South 30th Avenue or the nearby surface parking lots.
Seventeen feet of pavement is required for the hook and ladder truck to setup.
(3) Engineering. An important element of the Master Development Plan is the
closing of the campus to through traffic and directing access to entrances off Tieton Drive.
It will involve the following details:
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
31
(a) This will involve vacating portions of South 29th Avenue and South 30th
Avenue roughly from West Walnut Street north to the boundary of the campus just
south of West Chestnut Avenue;
(b) This potential street vacation would create two dead end streets about
150 feet in length;
(c) There are two private driveways on South 29th Avenue south of West
Chestnut, one on each side of the street;
(d) There are 4 private driveways on South 30th Avenue south of West
Chestnut, 2 on the west side of the street and 2 on the east side of the street; and
(e) There are two privately owned residences on the east side of South 30th
Avenue that are located inside of the proposed boundaries of the hospital campus.
It is the policy of the City not to create dead -ends when vacating streets. However, cul-
de-sacs or hammerheads would be of little or no benefit to the City in this instance, and
are not recommended. As to other aspects of the application, sewer is provided by the City
of Yakima and is adequate to provide service to the site. Water is provided by the City of
Yakima and is adequate to serve the site. Private roads shall be built to City of Yakima
Standards, and handicap ramps will be required as needed. Street lighting will be required
at each intersection, or midblock if the block is over 500 feet in length.
(4) Stormwater: The applicant previously contacted the City Engineering
Division regarding stormwater requirements. As a result, the FEIS issued October 1,
2010, appropriately mitigates for all identified stormwater issues.
(5) Traffic Engineering: Traffic Concurrency Review is required and provided
above.
(6) Wastewater: The EIS for the hospital's application for expansion should
address the following items.
(a) Proposed structure location and the location of existing wastewater
lines should be verified and addressed as necessary. Relocation of existing public
wastewater lines to service adjacent parcels may be necessary;
(b) Information regarding the estimated wastewater flow and
determination as to whether the existing public sewer lines have reserve capacity
to meet the needs of the applicant will need to be conducted by the applicant;
(c) Identification of any anticipated medical waste streams that may be
included in the domestic discharge. Side -sewers discharging medical waste are
required to install sampling ports (manholes) in accordance with YMC § 7.65.150.
(d) Public utility easements for wastewater pipes shall allow for access for
wastewater equipment to all sewer manholes and clean -outs. A proper surface to
accommodate these vehicles shall be provided and maintained by the property
owner. Access shall not be blocked by fences. The property owner should not
plant landscaping or construct permanent or temporary structures within the
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
32
easement. In the event that access or repairs cause the removal of any fences,
structures or landscaping, the property owner shall assume the risk and costs
associated with the removal and/or replacement. In addition, the owner shall
assume all liability for any claims filed in association with the property damage
caused directly from a sewer back up from the sewer pipe in which the City's
access was blocked or hampered by the property owner.
(e) There are sewer lines that currently run in the alleys behind private
residences that would need to be relocated to these streets and as a result an
easement to access these new sewer lines would also be required.
(7) Water. The City Water Division indicated that the existing water distribution
system around the hospital is adequate for future domestic needs of the hospital.
However, the City Water Division recommends the following for fire service.
(a) Construct a 12 -inch diameter water main in South 30th Avenue from
Tieton Drive to Walnut Street.
(b) Continue the 12 -inch water main east in Walnut to connect to an
existing section of 12 -inch water main.
(c) Construct a 12 -inch water main in South 28th Avenue from Walnut
south to Tieton Drive.
(d) Construct a 12 -inch water main in South 29th Avenue from Walnut
north to Chestnut.
The City of Yakima indicated that this water main improvement would not only satisfy the
future fire flow requirements, but would also correct a present fire flow deficiency
described in the Draft Supplemental Environment Impact Statement, dated January 2006,
page M-1, last paragraph. An existing 3 -inch diameter irrigation main in the alley
between South 29th and South 30th Avenues will need to be relocated because of
construction of the parking garage in Phase 4. This irrigation main could be relocated
when the new domestic water main is installed in South 29th Avenue and the new sanitary
sewer main is constructed. If the proposed streets are vacated, the City will need an
easement to access existing and planned utilities. There are currently waterlines and
stormwater facilities in the street right-of-ways. It may be necessary to install new
waterlines to address existing deficiencies and/or to provide adequate fire flow to the
campus. These new waterlines would most likely be installed in both of these street right-
of-ways.
(8) Yakima Regional Clean Air Agency (YRCAA): Contractors doing clearing,
grading, paving, construction or landscaping work must file a dust control plan with
Yakima Regional Clean Air Agency (YRCAA). Burning is prohibited at all times during
land clearing. Prior to demolishing any structures, an asbestos survey must be done by a
certified asbestos building inspector. Any asbestos found must be removed by a licensed
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
33
asbestos abatement contractor prior to demolition, and notification for the demolition must
be filed with the YRCAA.
(9) Washington State Department of Ecology: An NPDES Construction
Stormwater General Permit from the Department of Ecology is required if there is a
potential for stormwater discharge from a construction site with more than one acre of
disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated
activities including building, road construction and utility placement. The permit requires
that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared
and implemented for all permitted construction sites. These control measures must be
able to prevent soil from being carried into surface water (this includes storm drains) by
stormwater runoff. Permit coverage and erosion control measures must be in place prior
to any clearing, grading or construction. The water purveyor is responsible for ensuring
that the proposed uses 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
RCW § 90.03.380 and RCW § 90.44.100. If water is used for dust suppression, it must be
obtained legally. 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.
XIX. Consistency of the Application with Development Regulations and with the
Comprehensive Plan under the Criteria Required by YMC § 16.06.020(B) is to be
determined by consideration of the following factors:
(1) The types of land uses permitted at the site include the hospital/institutional
use which is consistent with the Comprehensive Plan's current Institutional Overlay
designation and compatible with the R-1, R-2 and R-3 zoning districts of the hospital
campus and surrounding areas.
(2) The density of residential development or the level of development such as
units per acre or other measures of density is not a factor weighing against approval of
this application where the design features of the proposal will accommodate a lot coverage
of 80% without being incompatible with neighboring properties.
(3) The availability and adequacy of infrastructure and public facilities are not
an issue. The subject property is located in an area where all urban services and facilities
are present. Improvements to utilities or infrastructure needed to adequately serve the site
or address the impacts of the expansion will be provided at the applicant's expense as per
the mitigation measures and conditions required for approval of this application.
(4) The characteristics of the development will meet all applicable development
standards for construction and development in the R-1, R-2 and R-3 zoning districts which
are not amended by approval of the Institutional Overlay/Master Development Plan
Development Agreement in accordance with all the criteria prescribed for same.
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
34
CONCLUSIONS
Based on the foregoing Findings, the Hearing Examiner reaches the following
Conclusions:
(1) The Hearing Examiner has jurisdiction under YMC § 1.43.080, YMC §
15.31.030, YMC § 15.28.040 and RCW 35.79 to make a recommendation to the Yakima
City Council regarding YVMH's application for the proposed Institutional Overlay/
Master Development Plan and associated Street Right -of -Way Vacation.
(2) The public hearing notice requirements of YMC Titles 15 and 16 and of RCW
35.79 have been satisfied.
(3) SEPA review resulted in issuance of a final Planned Action Final
Environmental Impact Statement on October 1, 2010, which became final without any
appeals being filed during the appeal period.
(4) As conditioned, all of the applicable criteria are satisfied for approval of the
proposed Institutional Overlay/Master Development Plan and Street Right -of -Way
Vacation requested by the hospital.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that this
application for the proposed Institutional Overlay/Master Development Plan and Street
Right -of -Way Vacation as described in the documentation submitted for OVR #001-09,
PD #002-09, RW #002-10 and SEPA #028-09 be APPROVED subject to the following
conditions:
Institutional Overlay/Master Development Plan Planned Action Ordinance:
1. Development Agreement: A Development Agreement shall be executed that
includes specific details how each required mitigating measure and condition of
approval shall be implemented.
2. Master Development Plan Boundaries: The boundaries of the Yakima Valley
Memorial Hospital shall not exceed those existing and proposed boundaries
depicted in Figure 1 of the Planned Action FEIS.
3. Building Removal: In order to implement the Master Development Plan it will be
necessary to remove and replace several existing buildings on the hospital campus.
If feasible, these buildings will be made available for re -use elsewhere in the
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
35
community, and if not feasible, they will be demolished in accordance with the
provisions of the Yakima Municipal Code. The following buildings identified in
Figure 2 of the Planned Action FEIS may be removed during the identified phases
of development, subject to more detailed conditions in the Development
Agreement:
a. Four residential structures currently owned by Yakima Valley Memorial
Hospital: Phase 1;
b. The former church building currently owned by YVMH: Phase 1;
c. Grounds maintenance building: Phase 1/2/3;
d. The existing Early Learning Center Building: Phase 2/3;
e. The Chinook House: Phase 2/3;
f. The Rimrock House: Phase 2/3;
g. Two private residential structures proposed to be acquired by YVMH (aka
Balmelli Residence and the McLean Residence): Phase 3/4;
h. Tieton Building: Phase 4; and
i. Memorial Building: Phase 4.
4. Proposed Uses: The approved Master Development Plan shall consist of up to
twelve structures, including additions to the main hospital facility, new and
expanded medical office buildings, support buildings and associated off-street
parking including covered parking structures. The maximum "not to exceed"
square footage for each building is as follows:
a. Hospital Building: 775,528 square feet;
b. West Pavilion I: 72,555 square feet;
c. West Pavilion II: 50,000 square feet;
d. Early Learning Center: 12,000 square feet;
e. North Pavilion I: 100,000 square feet;
f. East Pavilion I: 50,000 square feet;
g. Rainier House (Human Resources): 2,039 square feet;
h. Parking Garage 1 (PG -1): 283,745 square feet;
i. Parking Garage 2 (PG -2): 99,248 square feet;
j. Parking Garage 3 (PG -3): 88,274 square feet;
k Parking Garage 4a (PG -4a): 283,230 square feet; and
1. Parking Garage 4b (PG -4b): 282,230 square feet.
5. Building Height: The "not to exceed" height for each building is as follows:
a. 'Energy Plant and Loading Dock: not to exceed 60 feet in height;
b. East Addition -Hospital Building: not to exceed 75 feet in height;
c. Early Learning Center: not to exceed 20 feet in height;
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
36
d. West Pavilion I Addition: not to exceed 30 feet in height;
e. West Addition -Hospital Building: not to exceed 75 feet in height;
f. East Pavilion Addition: not to exceed 30 feet in height;
g. South Addition -Hospital Building: not to exceed 75 feet in height;
h. North Pavilion Addition: not to exceed 60 feet in height;
i. Parking Garage 1: not to exceed 36 feet in height;
j. Parking Garage 2: not to exceed 24 feet in height;
k. Parking Garage 3: not to exceed 24 feet in height;
1. Parking Garage 4a: not to exceed 36 feet in height; and
m. Parking Garage 4b: not to exceed 36 feet in height.
6. Building Locations: Buildings will be located in substantial conformance with the
approved Site Plan (Figure 3 of the Planned Action FEIS), provided that the exact
location will be determined on detailed drawings submitted in conjunction with
building permit applications. Building setbacks shall meet or exceed the minimum
setbacks depicted in Figure 20 of the Master Development Plan application.
7. Parcels: The Master Development Plan site consists of numerous parcels. Yakima
Valley Memorial Hospital may propose to consolidate parcels, adjust boundary
lines, or submit a binding site plan for City review and approval.
8. Lot Coverage: The modified maximum lot coverage standard at build -out shall be
not more than 80% of the site covered with imperious surfaces, excluding public
and private roads and rights-of-way.
9. Pedestrian and Bicycle access: Pedestrian and bicycle access shall be developed in
accordance with the conceptual design depicted in Figure 19 of the Master
Development Plan application.
10. Traffic Mitigation: YVMH shall be responsible for mitigating traffic impacts in
accordance the provisions of recommended mitigating measures contained in
Tables 5 and 6 of the Planned Action FEIS and the Planned Action Ordinance. The
implementation of these mitigating measures shall be specified in the Development
Agreement.
11. Parking: New parking shall be developed in accordance with the parking plan
depicted in Figure 5 of the Planned Action FEIS issued on October 1, 2010. On-
site parking will be available on the hospital campus at all times in accordance
with the following standards:
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
37
a. 4.72 spaces per hospital bed;
b. 3.53 spaces per 1,000 square feet of medical office space; and
c. 3.16 spaces per 1,000 square feet of Early Learning Center.
12. Heli -Pad: Prior to initiating the construction of Parking Garage 2, the existing
heli -pad shall be relocated to the Yakima Air Terminal.
13. Stormwater Management: All development activities shall be designed and
constructed in accordance with the provisions of the Eastern Washington Storm
Water Design Manual as adopted by the City of Yakima and identified in the
YVMH Planned Action FEIS issued October 1, 2010.
14. Utility Plans: Prior to initiating each phase of development, one or more utility
plans shall be submitted for City review and approval. The plan(s) will
demonstrate that adequate capacity exists or can reasonably be provided to meet
City standards for projected need for water, sewer and stormwater services.
15. Construction Access Plans: Prior to initiating each phase of development, a
construction access plan shall be submitted for City review and approval. This plan
will address parking of construction workers, truck movements associated with
construction activities, the storage of construction equipment and materials,
maintaining access to hospital facilities by emergency vehicles, replacement of on-
site parking disturbed by construction activities, and changes to common access
routes necessitated by construction activities or road closures.
16. Dust Control Plans: Prior to the initiation of each phase of implementation,
Yakima Valley Memorial Hospital shall prepare and submit for appropriate agency
review and approval a dust control plan to minimize potential particulate
emissions. In addition, the hospital will explore, prior to the implementation of
each phase, measures that can be taken to reduce potential impacts to air quality.
17. Geotechnical Reports: Geotechnical reports shall be required to be prepared in
conjunction with subsequent project -specific development proposals, as required
by the City of Yakima.
18. Temporary Erosion Control Plan: With each building permit application, Yakima
Valley Memorial Hospital shall submit for City review and approval a Temporary
Erosion Control Plan that includes such measures as the placement of quarry spalls
at truck egress locations to minimize tracking of soil onto City streets.
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
38
19. Noise: Noise associated with construction activities shall adhere to the provisions
of YMC § 6.04.180.
20. All references to the Barge -Chestnut Neighborhood Association or its President
shall be removed from the Type 2 Modification conditions a and b to be
incorporated into the Planned Action Ordinance and Development Agreement.
21. The applicant shall work with the City of Yakima to prepare a Planned Action
Ordinance which meets the requirements of WAC 197-11-164,-168 and -172. The
terms of the Planned Action Ordinance shall contain substantially the same terms
that are contained in the draft Planned Action Ordinance which is in the record
attached as Exhibit "A" to the Planning Division staff report.
Right -of -Way Vacation Ordinance:
22. Campus Closure: Prior to initiating any activities associated with the expansion of
existing buildings or the construction of new buildings on the hospital campus,
South 29th Avenue and South 30th Avenue shall be vacated and closed to vehicular
traffic between Walnut Street and Chestnut Avenue in accordance with the
conditions of the street vacation ordinance approved by the City and the
conceptual street vacation plans depicted in Figures 24 and 25 of the Planned
Action FEIS. No cul-de-sacs or hammerheads shall be required. The campus
closure shall also be accompanied by the construction of a traffic diverter at the
intersection of South 28th Avenue and West Walnut Street. This diverter shall be
designed and constructed, subject to City approval, in accordance with the
conceptual design depicted in Figure 23 of the Planned Action FEIS.
a. Upon approval of the street vacation, the vacation shall not be considered
final until the required street vacation fee of $127,050 is paid, the necessary
implementation documents have been executed between YVMH and the
affected property owners, and copies of the recorded documents have been
provided to the City of Yakima. YVMH shall have one year from the date
of City Council approval to satisfy these conditions and may request up to
one additional year extension.
b. Prior to approval of the proposed street vacation ordinance that will be
recorded, a master utility plan shall be created and submitted to the City of
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
39
Yakima Planning Division for approval identifying all existing and
proposed utility lines and easements.
c. Upon approval of the master utility plan, any and all utilities not identified
as being protected by a utility easement shall have an easement recorded in
conjunction with the street vacation.
d. Upon approval of the vacation, the vacated street rights-of-way shall
become the property of the abutting owners on each side, one half to each,
in accordance with State law and shall be zoned either R-1 (Single -Family
Residential), R-2 (Two -Family Residential) or R-3 (Multi -Family
Residential), with an Institutional Overlay where applicable, so as to have
the same zoning as the property abutting the vacated area.
23. Vehicular Access: Prior to initiating any activities associated with the expansion of
existing buildings or the construction of new buildings on the hospital campus, all
vehicular access to the campus shall be provided by way of the South 28th Avenue
and South 30th Avenue intersections with Tieton Drive. Intersection improvements
shall be constructed at the intersection of Tieton Drive and South 28th Avenue.
These improvements shall include the installation of a traffic signal at the
intersection and the widening of the southbound approach to include dual left -turn
lanes and a right -turn lane.
24. Upon approval of the proposed street right-of-way vacation by the Yakima City
Council, an ordinance shall be created which includes the above conditions 22 and
23. The ordinance shall contain substantially the same terms that are contained in
the draft ordinance in the record which is Exhibit "B" of the Planning Division's
staff report.
Development Agreement:
25. Landscaping and Screening: As a condition of the Development Agreement, prior
to initiating any activities associated with the expansion of existing buildings or
the construction of new buildings on' the hospital campus, a detailed landscaping
plan, prepared in consultation with the Barge -Chestnut Neighborhood Association
and in accordance with the conceptual design depicted in Figure 18 of the Master
Development Plan application, shall be submitted for City review and approval.
26. Lighting: As a condition of the Development Agreement, new lighting shall be
shielded and downward -facing, generally complying with dark sky principals and
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
40
installed at locations that promote safety while minimizing the potential for
adverse impacts on neighboring properties.
a. Exterior light sources and security lighting within the above -grade portion
of the parking structures shall direct light to the intended object and
minimize light spillage.
b. All facades of the above -grade portion of the parking structures shall
minimize light spillage beyond the structure.
c. The location and orientation of exterior lighting fixtures shall direct light
downward and away from off -campus land uses.
d. Where possible YVMH shall shield construction area lighting to lessen off -
campus light related impacts.
27. Public Notice: Yakima Valley Memorial Hospital and the City of Yakima
recognize the importance of maintaining a strong working relationship with the
residents of the Barge -Chestnut Neighborhood and providing appropriate public
notice throughout the implementation of the approved Master Development Plan.
As a result, the parties agree that the Development Agreement shall include
provisions for providing public notice throughout the implementation of the
Master Development Plan
28. All conditions listed above and any other conditions required by the Yakima City
Council shall be included in a Development Agreement in accordance with the
provisions of YMC § 15.31.025(C). The Development Agreement shall contain
substantially the same terms that are contained in the draft Development
Agreement in the record which is Exhibit "C" of the Planning Division's staff
report.
DATED this 12th day of November, 2010.
Gary M. Cuillier, Hearing Examiner
Yakima Valley Memorial Hospital
Institutional Overlay, Master Development
Plan and Vacation of Street Rights -of -Way
Located at 2811 Tieton Drive:OVR #001-09;
PD #002-09; RW #002-10; and SEPA #028-09
41
YAKIMA VALLEY MEMORIAL HOSPITAL RIGHT-OF-WAY VACATION
TAX PARCEL NUMBERS
Tax Parcel Numbers for 29th Avenue:
181323-33457
181323-33454
181323-33452
181323-33449
181323-33446
181323-33445
181323-33438
181323-33437
181323-3343.5
181323-33432
181323-33430
181323-33429
181323-33426
181323-33425
Tax Parcel Numbers for 30th Avenue:
181323-33412
181323-33411
181323-33416
181323-33413
181323-33417
181323-33004
181323-33480
181323-33479
181323-33478
181323-33477
181323-33510
181323-33447
181323-33450
181323-33451
181323-33453
181323-33455
181323-33456
181323-33462
`�7
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7 -
For Meeting of January 18, 2011
ITEM TITLE: An Ordinance relating to land use; vacating portions of S. 29th and 30th Avenues
located between Walnut Street and Chestnut Avenue.
SUBMITTED BY: Joan Davenport, Acting Director of Community and Economic Development
CONTACT PERSON / TELEPHONE: Jeff Peters, Associate Planner, 575-6163
SUMMARY EXPLANATION: On December 7, 2010, City Council approved the vacations
requested by Yakima Valley Memorial Hospital (YVMH) for portions of S. 29th and 30th Avenues
located between West Walnut Street and Chestnut Avenue. These vacations are being
requested to facilitate the closure of Yakima Valley Memorial Hospital's campus in accordance
with their Institutional Overlay/Master Development Plan as more particularly described in
Exhibit "A", and further directed staff to prepare the Vacation Ordinance. The Ordinance has
been prepared and is herein submitted for your adoption.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source N/A
APPROVAL FOR SUBMITTAL: �%�i1 '� C 72i14
City Manager
STAFF RECOMMENDATION: Adopt the ordinance vacating certain portions of street rights —
of -way identified as portions of S. 29th and 30th Avenues located between West Walnut Street
and Chestnut Avenue as identified in Exhibit "A".
BOARD RECOMMENDATION: The City of Yakima Hearing Examiner's recommended
approval of these rights-of-way vacation on November 12, 2010.
COUNCIL ACTION:
Exhibit "A"
PRELIMINARY DRAFT OF ORDINANCE TO IMPLEMENT PLANNED ACTION EIS
AND INSTITUTIONAL OVE " AY FOR YAKIMA VALLEY MEMORIAL HOSPITAL
MASTER PLAN AND INSTITUTIONAL OVERLAY
A. Planned Action Findings. The Planned Action for the Yakima Valley Memorial
Hospital Master Plan and Institutional Overlay meets the criteria for a Planned Action in
RCW 43.21C.031(2) and WAC 197-11-164 for the following reasons:
. The City of Yakima is a city planning under the Growth Management Act Chapter
36.70A RCW;
2. The City of Yakima has adopted the Yakima Urban Area Comprehensive Plan 2025;
The Yakima Valley Memorial Hospital Campus has been designated on thc
Comprehensive Plan Future Land Use Map with an Institutional Overlay which
authorizes YVMH to submit for City review and approval a Master Development
Plan prepared in accordance with the provisions of YMC 15.31 et seq.;
4. The proposed Master Development Plan will be implemented in phases with
significant project elements and impacts described and defined in detail and is
consistent with the Comprehensive Plan;
5. A Planned Action Final Environmental Impact Statement was issued by the City of
Yakima on October 1, 2010 for the Yakiina Valley Memorial Hospital Master Plan
and Institutional Overlay which identifies significant environmental impacts and
mitigating actions for each of the project phases;
6. There are no probable, significant adverse impacts associated with the
implementation of the proposed Master Development Plan that cannot be reasonably
mitigated; and
7. The planned action does not include the location of any essential public facility as
defined in RCW 36.70A.200.
B. Planned Action Designated. The Yakima Valley Memorial Hospital Master Plan and
Institutional Overlay consists of the area located between Tieton Drive, W. Chestnut
Avenue, S. 27Avenue, and S. 31st Avenue, and shall not exceed the area depicted in
Figure 1 of thc Planned Action FEIS. The campus currently includes approximately
500,000 square feet of hospital and medical office space, and 1,420 surface parking
spaces. The Planned Action project will add 379,943 square feet of hospital expansion,
177,000 square feet of medical office expansion, and approximately 2,730 new parking
YVM11
SFPA t1128-00, PD 0002-0,), OVR001-00 &. HMV 10102 10.
35
OrX,
INDEX
spaces. The arca is located entirely within (but less extensive than the jurisdiction of) thc
City of Yakima, Washington.
C. Consistency of Project Level Review. The Institutional Overlay Designation in
conjunction with the Planned Action EIS for the Yakima Valley Memorial Hospital
Mastcr Plan recognizes the following uses and construction:
Main Hospital Building Addition:
775,528 square feet
West Pavilion I: 72,555 square feet
West Pavilion II: 50,000 square feet
Early Learning Center: 12,000 square
feet
North Pavilion I: 100,000 square feet
East Pavilion I: 50,000 square feet
Rainier House (Human Resources):
2,039 square feet
Parking Garage 1 (PG -1): 283,745
square feet
Parking Garage 2 (PG -2): 99,248
square feet
Parking Garage 3 (PG -3): 88,274
square feet .
Parking Garage 4a (PG -4a): 283,230
square feet
Parking Garage 4b (PG -4b): 282,230
square feet
Total off-street parking: 4,149 spaces
Yakima Municipal Code (YMC) 15.31.050 states that approval of the Institutional
Overlay/Master Development Plan by the legislative body shall guide future development
within the Institutional Overlay. The approved Master Development Plan and
Development Agreement shall remain binding upon the sponsoring institution and the
appropriate jurisdiction. Approvals of building permits and zoning certificates shall be as
required for Type (1) pen -nits provided the proposed improvement conforms to the Master
Development Plan as approved.
Furthermore, all proposed actions or construction which implements the Master
Development Ilan shall be reviewed through thc Type (1) review process. Minor
modifications to the adopted Master Development Plan and/or Development Agreement
will undergo Type (2) review, and major modifications will undergo a Type (3) review.
(YMC 15.31.060)
In accordance with YMC 15.31.060 (A -C) and 15.31.025C 7, the below criteria has been
identified as the criteria for determining major vs. minor modifications and shall be
incorporate into both the Planned Action Ordinance and Development Agreement, as well
as the list of modified/adjusted development standards:
Type 1 Administrative Review: Projects or actions consistent with the approved
Master Development Plan. This includes, but is not limited to:
a. Adjustments to the location of buildings consistent with exterior setbacks and the
provisions of the approved Master Development Plan;
YVN11-1
SETA FD trY02-09, OVE0001-09; & RWV OO 0.
36
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INDEX
A -
b. Adjustments to the hcight of buildings consistent with exterior setbacks and the
provisions of the approved Master Development Plan;
c. Adjustments to the proposed square footage of buildings that do not require
additional traffic mitigation;
d. Changes to the Phasing Plan consistent with approved Mitigation Plans and the
approved Master Development Plan;
e. Detailed building plans consistent with the approved Master Development Plan;
Detailed landscaping plans prepared in consultation with the Barge -Chestnut
Neighborhood Association consistent with the approved Master Development
Plan;
g. Detailed utility plans consistent with the approved Master Development Plan; and
h. The consolidation of lots or lot line adjustments.
Type 2 Administrative Review/Minor Modification: Projects or actions that do not
substantially differ from the approved Master Development Plan, as determined by
the Director of Community and Economic Development, shall be considered Minor
Modifications and include:
a. Adjustments to the location of buildings which require modifications to approved
exterior setbacks;
b. Minor modifications to the height of buildings greater than the approved not to
exceed levels;
c. Revisions to the Phasing Plan that require minor modifications to approved
Mitigation Plans;
d. New structures or additions to existing structures that do not extend construction
beyond approved exterior setbacks, or make construction higher in elevation than
is approved under the Master Development Plan;
e. The addition of more parking spaces for projects contemplated by the Master
Development Plan, provided thc additional parking spaces do not extend beyond
approved exterior setbacks;
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# A
f A waiver of a development standard or Master Development Plan condition where
the proposal does not go bcyond the minimum necessary to afford relief, and the
change will not be materially detrimental to the public or injurious to property or
improvements in the vicinity of the institution.
Type 3 Review./Major Modifications: Projects or actions not contemplated in the
approved Master Development Plan may be considered Major Modifications and
include:
a. Modifications to the proposed square footage of buildings that require additional
traffic mitigation;
b. New structures, or additions to an existing structure, or additional parking spaces,
that do not meet criteria of Type (2) review above;
c.
e.
Any expansion
of thc boundaries established by the
Development Plan;
approved
Master
All other changes to the approved Master Development Plan which, in the opinion
of the Administrative Official represent a substantial change to the design,
impacts, character or functional nature of the project.
Modified Development Standards
Maximum gross floor area of development;
The ‘following maximum gross floor areas for each building are established as
not to exceed" figures and shall be incorporated into the Master Development
Plan Planned Action Ordinance, and Development Agreement as conditions of
approval.
a. Main Hospital Building Addition: 775.528 square feet
h. West Pavilion 1: 72,555 square feet
c. West Pavilion II: 50,000 square feet
d. Early Learning Center: 12,000 square feet
e. North Pavilion I. 100,000 square feet
j East Pavilion I: 50,000 square feet
g. Rainier House (Human Resources): 2,039 square squarefeet
h. Parking Garage 1 (PG -1): 283,745 square feet
i. Parking Garage 2 (PG -2): 99,248 square feet
j. Parking Garage 3 (PG -3): 88,274 square feet
k. Parking Garage 4a (PG -4a): 283,230 square eet
1. Parking Garage 4h (PG -4b): 282,230 square feet
38
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2. Maximum building height;
The fallowing building heights have been established as "not to exceed" figures
and shall he incorporated into the Master Development Plan Planned Action
Ordinance, and Development agreement as conditions of approval.
a. Energy Plant and Loading Dock: 60 feet
b. East Addition — Hospital Building: 75 feet
c. Early Learning Center: 20 feet
d. West Pavilion I Addition: 30 feet
e. West Addition — Hospital Building: 75 feet
f East Pavilion Addition: 30 feet
g. South Addition — Hospital Building: 75 feet
h. North Pavilion Addition: 60 feet
1. Parking Garage 1: 36 feet
j. Parking Garage 2: 24 feet
k. Parking Garage 3: 24 feet
I. Parking Garage 4a: 36 *feet
m. Parking Garage 4b: 36 feet
3. Maximum building setbacks;
The fallowing building setbacks froexternal property lines have been
established as depicted on Figure 20 of the Master Development Plan Application
as "not to exceed" figures and shall be incorporated into the Master
Development Plan Planned Action Ordinance, and Development Agreement as
conditions of approval.
a. S. 31st Avenue: 21 to 104 feet
h. Northern property line, S. 31st to S. 28th Avenues: 125 to 133 feet
c. South 28th Avenue: 30 feet
d. North property line, S. 28th to S. 27th Avenues: 40 to 42 feet
e. S. 28th Avenue: 58 to 103 feet
In order to make the most effective use of space on the hospital campus, the
Applicant is requesting that no setbacks- be required from internal lot lines as
depicted in Figure 20. In addition, the Applicant is requesting that it retain the
right to consolidate existing parcels, adjust parcel lines, and/or submit a binding
site plan(s) far City review and approval in the *lire.
4. Maximum lot coverage;
The applicant proposed a lot coverage standard of 71)/i; as part of their application
However, due to the fact that some variation in building size and landscaping is
allowed to occur with this master development plan, YVMH will be requesting that
the 71% lot coverage standard for the Master Development _Plan be adjusted and
approved at 80%. This standard is consistent with the R-3, and B-1 zoning district lot
coverage standards. Furthermore, this nine percent increase is acceptable and upon
39
DOC.
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approval of this Institutional Overlay/Master Development Plan shall he
incorporated into the Master Development Plan Planned Action Ordinance, and
Development Agreement as a condition of approval.
5. Minimum and maximum off-street parking;
a. Hospital = 4.72 spaces per bed for a suburban setting
h. Medical office building = 3.53 spaces per 1,000 square feet
c. Early Learning Center = 3.16 spaces per 1,000 square feet (assumes a stand-
alone locution)
7'he applicant 'os. pritposed parking standards were derivetTlrom the Institute of
Transportation Eii,gine,..,rs (ITL) Parking Generation Manual (31'd Edition) that
contains national data that can be used to estimate parking needs for a variety of
land uses. These standards exceed the City of Yakima's parking standards and
have been incorporated into the Planned Action FEIS as Table 5 which assesses
the required amount of parking to he built per phase. As a result, YVMH will he
required to build the identified amount of parking per phase in adherence with
Table 5 of the FEIS, and the identified information shall he incorporated into the
Master Development Plan Planned Action Ordinance, and Development
Agreement as a condition of approval.
6. Landscaping;
Other than fencing, the applicant is not proposing a different standard for this
requirement. YVMH has developed in concert with the Barge -Chestnut
Neighborhood Association a conceptual landscaping plan which is generally
depicted in the Master Development Plan Figure 18. It is proposed that the
fencing surrounding the campus he designed to match the existing wrought iron
fencing and as a result will not he made of view -obscuring materials. Any and all
proposed landscaping will and shall meet the requirements of YMC § 15.07.040,
and upon completion of the proposed landscaping plan it shall be submitted to the
City of Yakima for review and approval, in accordance with the provisions of the
Development Agreement.
7. Signage;
The applicant is not proposing a different standard for this requirement, and all
signage proposed as part of fUture development shall meet the current zoning
ordinance standards of YMC § 15.08.
8. Exterior lighting, shadows, and glare reduction; and
New lighting shall he shielded and downward facing in accordance with "Dark
Sky" principles that promote safety while minimizing the potential adverse
impacts on neighboring properties. As a condition of approval of the Master
40
OC
ttlpEX
Development Plan, the applicant shall prior to construction of each phase provide
the City of Yakima with a lighting plan which complies with the "Dark Sky'
principles.
9. Other standards determined by the City to be necessary to ensure land use
compatibility with other uses in the surrounding area.
At this point in time the City of Yakima Planning Department has not identified
any other standards which need to be applied to promote compatibility with other
uses in the area. However, the City of Yakima Hearing Examiner at his discretion
may add further conditions to address compatibility issued identified during the
public hearing.
D. Planned Action Project Review. A project proposed pursuant to this Planned Action
Ordinance shall be subject the following:
Approval by the City of Yakima SEPA Responsible Official or his designce to
determine the following:
a) Verify that the project meets the description of the Yakima Valley Memorial
Hospital Master Plan and Institutional Overlay FEIS and will implement any
applicable conditions or mitigation measures in this ordinance and the
associated Development Agreement; and
b) Verify that the probable significant adverse environmental impacts have been
adequately addressed, as identified in the Yakima Valley Memorial Hospital
Master Plan and Institutional Overlay Ordinance and associated Development
Agreement.
2. If the SEPA Responsible Official verifies the project meets the requirements of
Section D(1) above, the project shall qualify as a planned action and a SEPA
threshold determination is not required.
. If a project does not meet the requirements of Section D(1) above, the project is
not a Planned Action and additional environmental review may be required if it is
not determined to be exempt from SEPA review pursuant to Yakima Municipal
Code 6.88.070.
E. Public Notices for all projects that qualify as a Planned Action will be mailed as
appropriate, to property owners within 300' of the perimeter of the approved Master
Development Plan boundaries and to all Parties of Record. Mitigation Measures. In
addition to complying with applicable City of Yakima development regulations, all
projects proposed as a planned action must implement and be conditioned upon
41
DOC.
INDEX
implementation of the mitigation measures as outlined by development phase in the
Yakima Valley Memorial Hospital Master Plan and Institutional Overlay Final
Environmental Impact Statement. These measures include:
F. Mitigation Measures. In addition to complying with applicable City of Yakima
development regulations, all projects proposed as planned actions must implement and be
conditioned upon implementation of the mitigation measures as outlined by development
phase in the Yakima Valley Memorial Hospital Master Plan and Institutional Overlay
Final Environmental Impact Statement, and those identified in the City of Yakima
Hearing Examiners recommendation dated . These measures include:
Mitigation measures for Transportation as set forth in Section III and
summarized in Table 6 of the FEIS.
2. Mitigation measures for parking as set forth in Section III and
summarized in Table 6 of the FEIS.
Mitigation measures for storrnwater as sct forth in Section III and
summarized in Table 6 of the FEIS.
4. Landscaping and buffering measures outlined in the Master Plan and
depicted in Figure 18.
5, Development Agreement: A development agreement shall be executed
that includes specific details how each required mitigating measure and
condition of approval shall be implemented.
6. Master Development Plan Boundaries: The boundaries of the Yakima
Valley Memorial Hospital shall not exceed those depicted in Figure 1 of
the Planned Action FEIS.
7. Building Removal: In order to implement the Maser Development Plan
it will be necessary to remove and replace several existing buildings on
the hospital campus. If feasible, these buildings will be made available
for re -use elsewhere in the community, if not, they will be demolished in
accordance with the provisions of the Yakima Municipal Code. The
following buildings identified in Figure 2 of the FEIS, may be removed
during the identified phases of development, subject to more detailed
conditions in the Development Agreement:
8. Four residential structures currently owned by Yakima Valley Memorial
Hospital -Phase 1;
42
a) The former church building currently owned by YVMH-
Phase 1;
b) Grounds maintenance building -Phase 1-3;
c) The existing Early Learning Center Building -Phase 2/3;
d) The Chinook House -Phase 2/3;
e) The Rimrock House -Phase 2/3;
f) Two private residential structures proposed to be acquired
by YVMH (aka Balmelli Residence and the McLean
Residence) -Phase 3/4;
g) Tieton Building -Phase 4; and
h) Memorial Building -Phase 4.
9. Proposed Uses: Thc approved Master Development Plan shall consist of
up to twelve structures, including additions to the main hospital facility,
new and expanded medical office buildings, support buildings and
associated off-street parking including covered parking structures. The
maximum square footage for each building is as follows:
a) Hospital Building, 775,528 square feet;
b) West Pavilion I, 72,555 square feet;
c) West Pavilion II, 50,000 square feet;
d) Early Learning Center, 12,000 square feet;
e) North Pavilion, I 100,000 square feet;
f) East Pavilion, 1 50,000 square feet;
g) Rainier House (Human Resources), 2,039 square feet;
h) Parking Garage 1 (PG -1), 283,745 square feet;
i) Parking Garage 2 (PG -2), 99,248 square feet;
j) Parking Garage 3 (PG -3), 88,274 square feet;
k) Parking Garage 4a (PG -4a), 283,230 square feet; and
1) Parking Garage 4b (PG -4b), 282,230 square feet.
10. Building Height: The not to exceed height for each building is as
follows:
a) Energy Plant and Loading Dock: Not to exceed 60 feet in
height;
h) East Addition -Hospital Building: Not to exceed 75 feet in
height;
c) Early Learning Center: Not to exceed 20 feet in height;
d) West Pavilion I Addition: Not to exceed 30 feet in height;
e) West Addition -Hospital Building: Not to exceed 75 feet in
height;
f) East Pavilion Addition: Not to exceed 30 feet in height;
43
DOC.
INDEX
I _
g) South Addition -Hospital Building: not to exceed 75 feet in
height;
h) North Pavilion Addition: Not to exceed 60 feet in height;
i) Parking Garagc 1: Not to exceed 36 feet in height;
j) Parking Garage 2: Not to exceed 24 feet in height;
k) Parking Garage 3: Not to exceed 24 feet in height;
1) Parking Garage 4a: Not to exceed 36 feet in height; and
m) Parking Garage 4b: Not to exceed 36 feet in height.
11. Building Locations: Buildings will be located in substantial conformance
with the approved Site Plan (Figure 3 of the Planned Action FEIS),
provided that the exact location will be determined on detailed drawings
submitted in conjunction with building permit applications. The setbacks
for all buildings shall meet or exceed the minimum setbacks depicted in
Figure 20 of the Planned Action FEIS.
12. Parcels: The Master Development Plan site consists of numerous
parcels. Yakima Valley Memorial Hospital may propose to consolidate
parcels, adjust boundary lines, or submit a binding site plan for City
review and approval.
13. Lot Coverage: Provided the Hearing Examiner acccpts the applicant's
modified lot coverage standard, at build -out not more than 80% of thc
site, excluding public and private roads and rights-of-way shall be
covered with impervious surfaces.
14. Pedestrian and Bicycle Access: Pedestrian and bicycle access shall be
developed in accordance with the conceptual design depicted in Figure
19 of the Planned Action FEIS.
15. Traffic Mitigation: YVMH shall be responsible for mitigating traffic
impacts in accordance the provisions of recommended mitigating
measures contained in Tables 5 and 6 of the FEIS and the Planned
Action Ordinance. The implementation of these mitigating measures
shall be specified in the development agreement.
16. Parking: New parking shall be developed in accordance with the parking
plan depicted in Figure 5 of the FEIS issued on October 1, 2010. On-site
parking will be available on the Hospital Campus at all times in
accordance with the following standards:
a. 4.72 spaces per hospital bed;
44
jOC
INDEX
#
b. 3.53 spaces per 1,000 square feet of medical office space;
and
c. 3.16 spaces per 1,000 square fcct of Early Learning Center.
17. Heli -Pad: Prior to initiating the construction of Parking Garage 2, the
existing heli -pad shall be relocated to the Yakima Air Terminal.
18. Stonnwater Management: All development activities shall be dcsigned
and constructed in accordance with the provisions of the Eastern
Washington Storm Water Design Manual as adopted by the City of
Yakima and identified in the YVMH Planned Action FEIS issued
October 1, 2010.
19. Construction Access Plans: Prior to initiating each phase of development
a construction access plan shall be submitted for City review and
approval. This plan will address parking of construction workers, truck
movements associated with construction activities, the storage of
construction equipment and materials, maintaining acccss to hospital
facilities by emergency vehicles, replacement of on-site parking
disturbed by construction activities, and changes to common access
routes necessitated by construction activities or road closures.
20. Dust Control Plans: Prior to the initiation of each phase of
implementation, Yakima Valley Memorial Hospital shall prepare and
submit for appropriate agency review and approval a dust control plan to
minimize potential particulate emissions. In addition, the Hospital will
explore prior to the implementation of each phase of implementation,
measures that can he implemented to reduce potential impacts to air
quality.
21. Geotechnical Reports: Geotechnical reports shall be required to be
prepared in conjunction with subsequent project specific development
proposals, as required by the City of Yakima.
22. Temporary Erosion Control Plan. In conjunction with each building
permit, Yakima Valley Memorial Hospital shall submit for City review
and approval a Temporary Erosion Control Plan that includes such
measures as the placement of quarry spalls at the truck egress location to
minimize tracking of soil onto City streets.
23. Noise: Noise associated with construction activities shall adhere to the
provisions of Y MC § 6.04.180.
45
00Cr
ONIDEX
G. The application of specific mitigation measures described in Section E (1-4) above to
individual projects proposed as planned actions will be detennined as part of the project
review process, consistent with SEPA, the Institutional Overlay and Master Development
Plan.
H. Monitoring the Planned Action: The City of Yakima Community and Economic
Development Director shall monitor implementation of thc planned action designated by
this ordinance and shall report to the City of Yakima City Council periodically
concerning such implementation and the potential need for an update. If it is determined
by the City of Yakima Community & Economic Development Director or the City of
Yakima City Council that an update is necessary, the City of Yakima Community &
Economic Development Director shall initiate thc update using the procedures for
adoption of a planned action set forth in SEPA and the procedures for any necessary
Comprehensive Plan, Subarea Plan, or development regulation amendments set forth in
the City of Yakima's ordinances, or other applicable laws.
1. Severability: If any section, sentence, clause or phrase of this ordinance or the
amendments to the City of Yakima Municipal Code adopted hereby should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect thc validity or thc constitutionality of any other
section, sentence, clause or phrase of this ordinance.
J. Effective Date:
46
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PRELIMINARY D
0
Exhibit "B"
FT RIGHT-OF-WAY VACATION ORDINANCE
INANCE NO. 2011 -
AN ORDINANCE relating to land use; vacal in u. certain portions of right-of-way in the
vicinity of S. 29" and 30th Avenues north of Tieton Drive, and south of
Chestnut Avenue.
WHEREAS, by application dated August 3, 2010, Yakima Valley Memorial Hospital
(YVMH) requested a vacation of portions of platted City of Yakima right-of-way more
particularly describcd in Exhibit "A", attached hereto and incorporated herein by this reference;
and
WHEREAS, the City of Yakima has no future plans for development of this paved,
platted right-of-way; and
WHEREAS, YVMH, thc applicant/pctitioner for this right-of-way vacation, owns more
than the necessary two thirds of the parcels abutting the property subject to this petition for
vacation; and
WHEREAS, who owns property adjacent to a portion of the proposed
right-of-way vacation, have signed writtcn approvals for the street vacations, subject to their
execution of an agreement with YVMH, which will include provisions for access, maintenance,
and repair of the vacated portions of the street adjacent to their property ; and
WHEREAS, on October 28, 2010, the Hearing Examiner for the City of Yakima
conducted an open -record public hearing regarding the requested right-of-way vacation; and
WHEREAS, on November , 2010 the Hearing Examiner issucd Hearing Examiner's
Recommendation regarding RWV#002-10, (the "recommendation") recommending that the
platted streets of S. 29th and 30'1' Avenues rights-of-way be vacated, said recommendation being
attached hereto and incorporated herein by this reference as Exhibit "B"; and
WHEREAS, at an open -record public hearing held on 20 , the
City Council considered the requested right-of-way vacation, including the documents and other
47
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INDEX
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 RCW Chapter 35.79, together with the City of
Yakima street vacation policy, are correct and appropriate, and that the same should be adopted
by the City Council as its findings hcrein; and
WHEREAS, compensation to the City is necessary for this right-of-way vacation in the
amount of $127,050, $63,550 for S. 29th, and $63,500 for S. 30th; Avenues, and
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following to approve the requested right-of-way vacation, Now Therefore,
BE IT 0
AINED BY THE CITY OF YAKIMA:
Section 1. The platted rights-of-way for S. 29" and 30th Avenues running north and
south as, more particularly described in Exhibit "B", attached hereto and incorporated herein by
this reference, are hereby vacated by the City of Yakima.
Section 2. The findings, conclusions and conditions within the November , 2010
Hearing Examiner's Recommendation (RWV#001-09) regarding this right-of-way vacation are
hereby adopted by the City Council as its findings, conclusions and conditions in support hereof,
pursuant to City vacation policy and RCW Chapter 35.79, and are incorporated herein by this
reference as if fully set forth herein.
Section 3. Thc right-of-way vacation granted by this ordinance is expressly
conditioned on YVMH's satisfaction of the following conditions, as stated on page of the
Hcaring Examiner's Recommendation:
1, The vacated rights-of-way shall be zoned either R-1, Single -Family Residential, R-2,
Two -Family Residential, or R-3, Multi -Family Residential, with an Institutional
Overlay designation dependant upon the adjoining properties zoning designation.
48
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2. An independent appraisal has been conducted for the proposed streets vacations prior
to the City Council Review of this proposal. Compensation, in the amount of
$127,050, $63,550 for S. 29th, and $63,500 for S. 30th; Avenues (50% of the
appraised value) shall be paid.
3. Prior to initiating any activities associated with the expansion of existing buildings or
the construction of new buildings on the Hospital campus, S 29th and S 30th Streets
shall be vacated and closed to vehicular traffic in accordance with the conditions of
this street vacation ordinance and the conceptual street vacation plans depicted in
Figures 24 and 25 of the Planned Action FEIS. No cul-de-sacs or hammerheads shall
be required. The campus closure shall also be accompanied by the construction of a
traffic diverter at the intersection of S 28th and West Walnut Street. This diverter shall
be designed and constructed, subject to City approval, in accordance with the
conceptual design depicted in Figure 23 of the Planned Action FEIS.
a. Upon approval of the street vacation the vacation shall not be considered final
until the required street vacation fce is paid, the necessary implementation
documents have been executed between YVMH and the affected, adjoining
property owners, and copies of the documents, with recording information for
those documents recorded with the Yakima County Auditor, have been
provided to the City of Yakima. YVMH shall have one year from the date of
City Council approval to satisfy these conditions and may request up to one
additional year extension.
b. Prior to approval of the proposed street vacation ordinance being recorded a
master utility plan shall be created and submitted to the City of Yakima
Planning Department for approval identifying all existing, and proposed utility
lines and easements.
49
.00(0
INDEX
c. Upon approval of the master utility plan any and all utilities not identified as
being protected by a utility easement shall have an easement recorded in
conjunction with the street vacations.
4. Vehicular Access: Prior to initiating any activities associated with the expansion of
existing buildings or the construction of new buildings on the Hospital Campus all
vehicular access to the campus shall be provided via the S 28th and S 30th
intcrsections with Tieton Drive. Intersection improvements shall be constructed at the
intersection of Tieton Drive and South 28th Avenue. These improvements shall
include the installation of a traffic signal at the intersection and the widening of the
southbound approach to include dual left -turn lanes and a right -turn lane.
Section 4. 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 5. 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
day of . 20 ,
ATTEST:
City Clerk
50
Micah Cawley, Mayor
DOC.
immx
r_A__,
Publication Date: Effective Date:
51
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PRELIMINARY D
Exhibit "C"
FT DEVELOPMENT AGREEMENT
YAKIMA VALLEY MEMORIAL HOSPITAL
DRAFT DEVELOPMENT AGREEMENT
Grantor(s): Yakima Valley Memorial Hospital Association, Michael Balmelli, Thomas
McLean and Deborah McLean, and Palmer Wright
Grantee(s): City of Yakima
Abbreviated Legal Descriptions: Lts. 1-22, NEILANS MEMORIAL HEIGHTS, "N"-25;
Lts. 7-17, GRANDVIEW SUBURBAN HOMES, "H"-
15; Lt. 3, DeFOE QUARTER ACRES, "H"-2; Lts. 11 &
12, GRANDVIEW HALF -ACRE TRACTS, "G"-12;
Lts. 2-18, NOB HILL ORCHARD HEIGHTS
ADJOINING NORTH YAKIMA, "E"-25; Lts. 1-11, Blk.
3, TIETON TERRACE ADDITION, "G"-34; ptn. SW 114
SW 1/4 and SE 'A SW 'A S23, T13N, R18EWM
Complete legal descriptions are on pages 17 & 18.
Assessor's Tax Parcel ID Nos.: 181323-33004, 33024, 33028, 33413, 33414, 33415,
33416, 33417, 33418, 33426, 33429, 33430, 33432, 33435, 33437, 33438, 33442, 33445,
33446, 33447, 33449, 33450, 33451, 33452, 33453, 33454, 33455, 33456, 33457, 33465,
33473, 33474, 33475, 33477, 33478, 33479, 33480, 33487, 33488, 33489, 33490, 33492,
33508, 33509, 33510, 34032, 34033, 34034, 34035, 34447, 34539, and 181323-33436
(partial).
Note to Reader: This document is a working draft that will continue to be revised throughout
the process of reviewing the Master Development Plan proposed for the main campus of
Yakima Valley Memorial Hospital. Prior to taking anv action on the final draft of this
Development Agreement, the Yakima City Council will conduct a public' hearing. For more
information on the status of this draft Development Agreement or the date of the public
hearing, please contact Jeff Peters with the Yakima Planning Department at 509-575-6163.
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DEVELOPMENT AGREEMENT
This Development Agreement is entered into by and between the City of Yakima a municipal
corporation ("City"), Yakima Valley Memorial Hospital, a Washington nonprofit corporation
("YVMH"), Michael Balinelli, a single man ("Balmelli"), Thomas McLean and Deborah
McLean, husband and wife ("McLean"), and Mr. Palmer Wright (Wright).
RECITALS
A. To strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of developinent, the legislature of the state
of Washington enacted RCW 36.70B.170 through 36.70B.210 ('Development Agreement
Statute"), which authorizes the City and YVMH to enter into a Development Agreement
regarding the development of property, and to establish development rights with any person
having an ownership interest or control of such real property.
B. YVMH was founded in 1950 and serves the health care needs of the greater Yakima area
from its main campus at 2811 Tieton Drive in the City of Yakima, as well as from satellite
facilities located throughout Yakima County. The main campus consists of 51 parcels of
property, approximately 26.4 acres.' The parcel numbers and legal descriptions for these parcels
are contained in Attachment "A" hereto (the "Property"). Currently, there are approximately
500,000 square feet of YVMH facilities at the main campus, including 226 hospital beds,
inpatient services for Cancer Care, Heart Care, Critical/Emergency Care, Orthopedics, Surgery,
The Family Birthplace, Pediatric Care, Neonatal Intensive Care Unit, and Psychiatric Care.
YVMH admits approximately 14,300 patients a year, served by over 320 physicians representing
at least 35 specialties, employs over 2,300 workers and has over 460 volunteer workers. On
average over 3,100 births occur at YVMH each year, 66,000 visits are made to the Emergency
Department, and the Hospital provides over $9.4 million a year in Charity Care.
C. The Property, which is also depicted on the map appended hereto as Attachment "B"
extends north along Tieton Drive roughly between South 27th to South 31st Avenues and lies
bounded on the North, East, and the Wcst by private residences, as well as the South, across
Tieton Drive. The Property's zoning has remained Single -Family Residential (R-1), Two -Family
Residential (R-2), and Multi -Family Residential (R-3).
D. Since 1950, YVMH has continued to grow by acquiring adjoining properties, adding new
services, constructing new facilities, and renovating original facilities to provide increased health
care services within the community. However, this growth has not come without cffects to the
1
Two of the 51 parcels, accounting for .45 acres are owned privately and YVMH expects to negotiate their
acquisition prior to the termination of this Agreement.
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surrounding neighborhood and public comments from the Barge -Chestnut Neighborhood.
Therefore, based upon past citizen comments and a need to provide predictability in the
development of its campus YVMH has prepared a 30 -year master plan. Following review of
YVMH's master plan, it became apparent that a new development review process was needed
that would provide large Institutional property owners a process that was designed to facilitate
orderly, predictable land usc procedures for future development while also providing certainty
with regard to application requirements, public process, environmental review, and development
standards. As a result, in September, 2008 the City passed and codified legislation, to create an
Institutional Overlay. The new legislation, codified in the Yakima Municipal Code Chapter
15.31, requires the applicant enter into a Development Agreement, pursuant to the Development
Agreement Statute.
E. On December 4, 2008, and May 27, 2009, YVMH held properly noticed, public meetings
to discuss and identify project concerns with regard to its master development plan objectives,
pursuant to the new Institutional Overlay legislation, YMC Section 15.31.026.
F. On or about September 8, 2009, YVMH submitted a Planned Development, Institutional
Overlay, and Planned Action Environmental Review application (the "Master Development Plan
Application") for the Property to the City, in accordance with the Institutional Overlay chapter of
the Yakima Municipal Codc. On November 9, 2009, the City deemed the Master Development
Plan Application complete and ready for processing.
G. The City Planning Division reviewed the Master Development Plan Application under
the State Environmental Policy Act ("SEPA") and issued a Determination of Significance and a
Scoping Notice on November 10, 2009, SEPA #028-09. Following the mandatory 20 -day
comment period, the City issued a Final Scoping Decision on December 10, 2009, with regard to
the Planned Action DRAFT Environmental Impact Statement ("DEIS"), specifically requiring
YVMH to address mitigation measures with regard to traffic, parking, and stonnwater
management. The Planned Action Preliminary DEIS' was prepared and disseminated to City
staff for approval on May 13, 2010, and issued for public review and comment on May 28, 2010.
Following the thirty day public comment period on thc Planned Action DEIS the Final
Environmental Impact Statement (FEIS) was distributed on Septeinber 23, 2010.
H. Thereafter, following proper notice and in accordance with the Yakima Municipal Code
and state law, public hearing on the Master Development Plan Application took place on
20 . The Hearing Examiner then made recommendation on the Master
Development Plan Application to the Yakima City Council on , [Describe details of
hearings, recommendations]
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1. The City Council held a closed record public hearing on the recommendation of the
Hearing Examiner on . 20 . The Council decided
on, , 20 . The Development Agreement was prepared expressly subject to the
terms of the City Council's Final Decision, and was approved and adopted by the City Council,
pursuant to RCW Sections 36.70B.170-.210. [Describe details of hearings, decisions]
J. This Development Agreement is intended to implement the rights and obligations as set
forth in the City's Final Decision on YVMH's Master Development Plan Application. The City
has determined that this Development Agreement is appropriate, and will, among other things,
implement the conditions in the Final Decision, eliminate uncertainty over development of the
Property, provide for the orderly development of the Property consistcnt with the City's
Institutional Overlay ordinance, mitigate environmental impacts, and otherwise achieve the goals
and purposes for which the Development Agreement Statute was enacted.
K. In exchange for the benefits to the City described in the preceding recital, together with
other public benefits that will result from the development of the Property. YVMH will receive
vested rights to proceed with the Master Development Plan in accordance herewith, and YVMH
therefore desires to enter into this Development Agreement.
A GREEMENT
NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in
this Development Agreement (hereinafter the "Agreement"), the parties agree as follows:
GENE
. ,
L OBLIGATIONS
YVMH shall comply with the terms of this Agreement, and the terms of any implementing
permit approvals, including without limitation those conditions relating to thc provision of
traffic, sanitary scwer, water, storm water, and other infrastructure requirements that may be
needed for development according to the Mastcr Development Plan. The City shall comply
with the terms of this Agreement and shall consider for approval, and cooperate with
processing and reviewing, all applications for implementing ',emit approvals, as provided in
this Agreement.
1.1 Public Notice. Yakima Valley Memorial Hospital and the City of Yakima recognize the
importance of maintaining a strong working relationship with thc residents of the Barge
Chestnut Neighborhood and providing appropriate public notice throughout the
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implementation of the approved Master Development Plan. As a result, thc parties agree as
follows:
1.1.1 Thc Barge Chestnut Neighborhood Association and its successor, if any, provided
notice of a successor organization(s) has been given to YVMH, shall be designated by
YVMH as a Party of Record on any permit, land use approval application(s)
subsequently submitted to the City.
1.1.2 All required public notices shall be mailed by the City to all property owners within
300 feet of the perimeter boundaries of the approved Master Development Plan.
1.1.3 Yakima Valley Memorial Hospital shall consult with affected residents and
representatives of the Barge Chestnut Neighborhood Association or successor
organizations in the preparation of plans to implement each phase of development and
project specific applications.
1.1.4 Upon approval of plans to implement each phase of approved Master Development
Plan or the approval of project specific building permits, the City and YVMH shall
provide appropriate public notice which may include press releases, posting on the
City or Hospital website, e-mail notices, flyers, and/or direct mailings.
1.1.5 YVMH shall establish and maintain a public telephone number and e-mail address
that neighboring residents may use to ask questions and/or register concerns about the
implementation of the approved Master Development Plan.
2. PROPERTY DEVELOPMENT
2.1 Narrative Description of the Master Development Plan and the Master Planning
Objectives. A narrative of the Master Development Plan and its objectives is set
forth in Attachment "C" and incorporated by reference herein as though fully set
forth.
2.2 Campus Boundaries. The boundaries of thc YVMH campus shall be established as
depicted in Attachment "D" and shall consist of the parcels listed and described in
Attachment "B".
2.3 Site Plan. All development activities on thc YVMH campus shall substantially
comply with the approved Site Plan as depicted in Attachment "E".
2.4 Development Activities. At the time of cxccution of this Agreement the YVMH
campus consists of fifteen buildings including the main YVMH facility, neighboring
medical office and support buildings and corresponding off-street parking facilities.
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In addition, YVMH owns five buildings on the campus that have been vacated or are
being used on an interim basis, pending removal. It is anticipated that YVMH will
also acquire the two privately owned residential properties located within the
proposed boundaries of the YVMH campus during the term of this Agreement.
2.4.1 The location of the existing buildings on the YVMH campus is depicted on
Attachment "F".
2.4.2 The following buildings may be removed or demolished in conjunction with
the proposed development activities:
a. Vacant church;
b. Four residential structures currently owned by YVMH;
c. Two additional residential structures if acquired by YVMH;
d. Early Learning Center;
e. Grounds maintenance building;
f. Tieton House;
g. Memorial House;
h. Rirnrock House; and
i. Chinook House.
2.4.3 At full build out the YVMH campus may consist of twelve structures
including additions to the main hospital building, new and expanded medical
buildings, support buildings, and associated off-street parking and covered
parking structures.
2.4.4 The approximate location of the proposed new buildings and additions are
depicted on Attachment "G".
2.4.5 At build -out the YVMH campus may consist of the following buildings with
the following approximate square footages:
a. Hospital Building, 775,528 square feet;
b. West Pavilion I, 72,555 square feet;
c. West Pavilion II, 50,000 square feet;
d. Early Learning Center, 12,000 square feet;
e. North Pavilion I, 100,000 square feet;
f. East Pavilion I, 50,000 square feet;
g. Rainier House (Human Resources), 2,039 square feet;
h. Parking Garage 1 (PG -1), 283,745 square feet;
i. Parking Garage 2 (PG -2), 99,248 square feet;
j. Parking Garage 3 (PG -3), 88,274 square feet;
57
k. Parking Garage 4a (PG -4a), 283,230 square feet;
1. Parking Garage 4b (PG -4b), 282,230 square feet.
2.5 Phasing Ikijj. In general terms, it is anticipated that the proposed development
activities will be constructed in five phases over a thirty year period as described and
depicted in Attachment "H". The actual implementation will be based on market
demand, the availability of financing, and the conditions of the Planned Action EIS.
In the event that some portion of the overall development occurs in a different order
than is specified in the Planned Action EIS, all identified mitigation required for said
development, identified in Table 6, Attachment I , shall be completed prior to that
development's implementation.
2.5.1 Prior to thc removal or demolition of any buildings YVMH shall apply for and
receive a demolition and/or related permits.
2.5.2 Prior to the initiation of any construction related activities YVMH shall apply
for and receive a Building Permit and all associated permits that may be
required. Each building permit application shall contain a construction
management plan that documents the proposed location for the storage of
construction materials and equipment, parking for construction workers, plans
to maintain sufficient parking on campus to support YVMH operations, plans
to avoid traffic, parking or construction -related impacts to thc adjacent
neighborhood, and plans to maintain adequate access and circulation on
campus.
2.5.3 Phase One shall be completed prior to development or initiation of any other
phase of development.
3. PROPERTY DEVELOPMENT STANDARDS
The Property shall he governed by thc following development standards and mitigation
measures (collectively "Development Standards"):
3.1 Building I !eights. Although specific building heights will not be established until
building permit applications are submitted, the following heights have been set as not -
to -exceed levels for each new building and addition:
a. Energy Plant and Loading Dock: Not to exceed 60 feet;
b. East Addition — Hospital Building: Not to exceed 75 feet;
c. Early Learning Center: Not to exceed 20 feet;
d. West Pavilion I Addition: Not to exceed 30 feet;
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e. West Addition — Hospital Building: Not to exceed 75 feet;
f. East Pavilion Addition: Not to exceed 30 feet;
g. South Addition — Hospital Building: Not to exceed 75 feet;
h. North Pavilion Addition: Not to exceed 60 feet;
i. Parking Garage 1: Not to exceed 36 feet;
j. Parking Garage 2: Not to exceed 24 feet;
k. Parking Garage 3: Not to exceed 24 feet;
1. Parking Garage 4a: Not to exceed 36 feet;
in. Parking Garage 4b: Not to exceed 36 feet.
3.2 Setbacks. All buildings shall be set back from exterior property lines as depicted in
Attachment ".I".
3.2.1 Zero lot line setbacks shall be allowed from all interior lot lines provided all
applicable building codes are met.
3.3 Landscaping. Landscaping shall be provided in accordance with the approved
landscaping plan described and depicted in Attachment "K". Except as
otherwise provided therein, site buffering and screening will adhere to Standard C
as described in thc provisions of Section 15.07.040 of the UAZO included as
Attachment 0.
3.3.1 Fencing surrounding the campus shall be designed to match the existing
wrought iron fencing and as a result will not be made of view -obscuring
materials as required in thc YMC.
3.3.2 In the event of a conflict between the provisions of the approved landscape
plan and the provisions of the YMC, the landscape plan shall prevail.
3.4 Parking. It is agreed by the parties that all parking associated with the use of the
facilities identified in the approved Mastcr Development Plan shall be located on the
YVMH campus. The parties agree to work cooperatively to minimize opportunities
for hospital employees, guests, visitors or construction workers to park on
neighborhood streets.
3.4.1 Updated Parking Plan. YVMH shall submit with each building pciiiiit
application a parking plan substantially in accordance with the Parking Plan
described and depicted in Attachment "L" and Tables 5 & 6 of the FEIS.
The approved Master Development Plan includes more on-site parking than is
required to mect City standards.
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# A-
3.4.2 Construction Parking. With each building permit application, YVMH shall
submit for City review and approval a Construction Management Plan that
will identify parking areas for construction workers and construction related
vehicles as well as staging arcas for the delivery, storage, processing, and/or
assembly of construction materials.
3.5 Street Improvements. As identified in the Planned Action EIS there are nine
intersections that will require improvements as a result of implementing the Master
Development Plan for the main campus of the Yakima Valley Memorial Hospital
(See Attachment N for a summary of the Pro Rata Cost Estimates). Two of these
intersections involve improvements that shall be designed and constructed by YVMH
in accordance with City standards and subject to City review and approval. The other
seven intersections will not meet City standards regardless of additional YVMH
development, and therefore only require that YVMH make a prorated contribution to
specific improvements as described in this Agreement. These traffic mitigation
measures arc presented by Phase in which they are required.
3.5.1 Phase 1 Intersection Improvements. No net new trips will be created during
Phase 1 and as a result no traffic mitigation is required. YVMH will be
implementing the approved street vacations and installing the required traffic
divertcr on S 28" Avenue during this phase in conjunction Nvith closing the
campus.
3.5.2 Phase 2 Intersection Improvements.
3.5.2.1 South 28th Avenue/Tieton Drive Intersection:
a. Description of Improvement: YVMH shall install a traffic signal at
the South 28'11 Avenue/Tieton Drive intersection. In addition, YVMH
shall widen the southbound approach of the intersection to include
dual left -turn lanes and a right -turn lane.
b. Timing,: These improvements must be completed prior to issuance of
the first certificate of occupancy for any improvement in Phase 2 that
creates a net increasc in trips.
c. YVMH Contribution: YVMH, at its expense, shall dcsign and
construct this street and signal improvement. To the extent legally
permitted, the City will assist in procuring the necessary rights-of-way
on properties not owned by YVMH, provided that the cost of the
acquisition shall be paid by YVMH. The City shall also assist in the
relocation of utilities needed to make said improvements, as necessary.
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ILL_
d. Special Conditions: YVMH may elect to install this improvement in
conjunction with other road improvements planned in Phase 1. YVMH
may elect to contract with the City to design and construct this
improvement .
3.5.2.2 South 6 Avenue/Nob Boulevard Intersection:
a. Description of Improvement: The YVMH pro rata contribution shall
be limited to the cost of the construction of an additional left -turn lane
on the northbound approach and an additional left -turn lane on the
eastbound approach of the intersection to enable dual left -turn lanes on
both approaches.
b. I I Contribution: YVMH shall contribute up to 1.8% of the cost
of the described improvements or a maximum of $36,000. The total
cost of the described improvements is estimated as follows. The actual
pro rata contribution to be paid by YVMH, not to exceed the amount
identified above, shall be determined at the time the payment is due.
1. Roadway Cost =
2. Right-of-way Acquisition Costs =
3 Engineering Costs =
4. Contingency =
5. Total improvement cost =
e. YVMH shall make payment to the City prior to the issuancc
of the first building permit for any improvement that creates a net
increase in trips in Phase 2.
d. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on thc provision of the second eastbound and
northbound left -turn lanes. The pro rata fee associated with the
contribution may be used by the City toward improvements made at
this intersection or any of the intersections identified in Section 3.5 of
this agreement.
3.5.3 Phase 3 Intersection Improvements.
3.5.3.1 North 4Oth Avenne/Summitview Avenue Intersection:
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# A -
a. Description of improvement: The YVMH pro rata contribution shall
be limited to the cost of construction a second left -turn lane on the
eastbound approach of Summitview Avenue or the construction of a
third through lanc on N 40th a minimum of 300 fect north and south of
the intersection.
b. YVMH Contribution: YVMH shall contribute up to 2.4% of the cost
of the described improvements or a maximum of $50,400. The total
cost of the described improvements is estimated as follows. The actual
pro rata contribution to be paid by YVMH, not to exceed the amount
identified above, shall be determined at the timc the payment is due.
1. Roadway Cost =
2. Right-of-way Acquisition Costs =
3. Engineering Costs =
4. Contingency =
5. Total improvement cost =
c. Tinting: YVMH shall make payment to the City prior to the issuance
of the first building permit that creates a net increase in trips in Phase
3.
d. Special Conditions: If thcsc improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on the provision of the second eastbound left -
turn lanes or thc third through lane on N 40th The pro rata fee
associated with the contribution may be used by the City toward
improvements made at this intersection or any of the intersections
identified in Section 3.5 of this agreement.
3.5.3.2 North 24th ,1‘ entic/Summitview Avenue intersection:
a. Description of Improvement: The YVMH pro rata contribution shall
be limited to the cost of installation of a traffic signal at the
intersection when warranted in accordance with the standards set forth
in the Manual on Uniform Traffic Control Devices (MUTCD).
b. YVMH Contribution: YVMH shall contribute up to 4.0% of the cost
of the described improvements or a maximum of $14,000. The total
cost of the described improvements is estimated as follows: The actual
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pro rata contribution to be paid by YVMH, not to exceed the amount
identified above, shall be determined at the time the payment is due.
1. Roadway Cost =
2. Signal Cost =
3. Right-of-way Acquisition Costs =
4. Engineering Costs
5. Contingency =
6. Total improvement cost =
c. YVMH shall make payment to the City prior to the issuance
of the first building permit that creates a net increase in trips in Phase
3.
d. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on the installation of a traffic signal at this
intersection. The pro rata fee associated with the contribution may be
used by the City toward improvements made at this intersection or any
of the intersections identified in Section 3.5 of this agreement.
3.5.3.3 South 24th Avenue/Tieton Drive Intersection:
a. Description of Improvement: The YVMH pro rata contribution shall
be limited to the cost of installation of a traffic signal at the
intersection when warranted in accordance with the standards set forth
in the Manual on Uniform Traffic Control Devices (MUTCD).
b. YVNIH Contribution: YVMH shall contribute up to 19.4% of the
cost of the described improvements or a maximum of $77,600. The
total cost of the described improvements is estimated as follows. The
actual pro rata contribution to be paid by YVMH, not to exceed the
amount identified above, shall be determined at the time the payment
is due.
1. Roadway Cost =
2. Signal Cost =
3. Right-of-way Acquisition Costs
4. Engineering Costs =
5. Contingency =
6. Total improvement cost =
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c. YVMH shall make payment to the City prior to the issuance
of the first building permit that creates a net increase in trips in Phase
3.
d. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on the installation of a traffic signal at this
intersection. The fee associated with the contribution may be used by
the City toward improvements made at this intersection or any of the
intersections identified in Section 3.5 of this agreement.
3.5.4 Phase 4/5 Intersection Improvements.
3.5.4.1 North 16th Avenue/Summitview Avenue Intersection:
a. Description of Improvement: The YVMH pro rata contribution shall
be limited to the cost of installation a westbound right -turn lane on
Summitview Avenue at the intersection.
b. YVMH Contribution: YVMH shall contribute up to 4.0% of the cost
of the described improvements.
c. Timing: To be determined.
d. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on the installation of a westbound right -turn
lane at this intersection. The fee associated with the contribution may
be used by the City toward improvements made at this intersection or
any of the intersections identified in Section 3.5 of this agreement.
3.5.4.2 South 40"' Avenue/Nob Hill Boulevard Intersection:
a. Description of illWrOVCIIIC111: The YVMH pro rata contribution shall
be limited to the cost of installation of a westbound right -turn lane on
Nob Hill Boulevard at the intersection.
b. YVMH Contribution: YVMH shall contribute up to 1.1% of the cost
of the described improvements.
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c. Timing: To be determined.
d. Special C(inditimis: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on the installation of a westbound right -turn
lane at this intersection. The fee associated with the contribution may
be used by the City toward improvements made at this intersection or
any of thc intersections identified in Section 3.5 of this agreement.
3.5.4.3 South le Avenue/Tieton Drive Intersection:
a. Description of Improvement: The YVMH pro rata contribution shall
he limited to the cost of installation of a second left -turn lane on the
eastbound approach on Tieton Drive at the intersection.
b. YVMH Contribution: YVMH shall contribute up to 9.5% of the cost
of the describcd improvements.
c. Timing: To be determined.
d. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still he calculated based on thc installation of a second left -turn lane on
the eastbound approach at this intersection. The fce associated with the
contribution may be used by the City toward improvements made at
this intersection or any of the intersections identified in Section 3.5 of
this agreement.
3.5.1.1 South 30th Avenue/ Tieton Drive Intersection:
a. Description of Improvement: YVM 1-1 shall install a tral'lic signal at
(he South 3O' A venue/Tit:Jon Drive intersection or make such
improvements as may be required by the City to mitigate impacts at
this intersection.
b. Timing: These improvements must be completed when a traffic signal
is warranted according to the standards set forth in the Manual on
Uniform Traffic Control Devices (MUTCD. It is anticipated that these
wan -ants will be met in Phase 4 or 5.
c. YVMH Contribution: YVMH, at its expense, shall design and
construct this street and signal improvement. To the extent legally
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tIOC„
INDEX
permitted the City will assist in procuring the necessary rights-of-way
on properties not owned by YVMH, provided that the cost of the
acquisition shall be paid by YVMH. The City shall also assist in the
relocation of utilities needed to make said improvements, as necessary.
d. Special Conditions: YVMH may elect to contract with the City to
design and construct this improvement.
3.5.5 General Conditions: The following conditions shall apply to the required
street improvements identified in this agreement:
3.5.5.2 Six Year Street Plan: The City shall amend its Six Year Street
Plan to include the projects described in this Agreement
3.5.5.3 Revisions. In the event that revisions to the phasing plan
implementing this Master Development Plan are required it
may be necessary to revise the schedule for the required traffic
mitigation measures. If so, the following standards will be used
to determine the number of trips that will be generated and
whether the schedule for completing the required traffic
mitigation needs to be adjusted:
b. Hospital, 1.14 trips per 1,000 sq. ft. during the weekday, p.m. peak
hour;
c. Medical Office Building, 3.46 trips per 1,000 sq. ft. during thc
weekday, p.m. peak hour; and
c. Early Learning Center, z trips per employee.
3.6 Street Vacations/Licenses. It is the intent of the parties that portions of South
29111 and South 30th Avenues will be vacated as depicted in Attachment "M" and in
accordance with the terms and conditions of City approval included as
Attachment , through required city and state procedures.
3.6.4 For South 29th and 30th Avenues north of the campus boundary, it is the
parties intent that those streets be vacated to Chestnut Avenue, and as the
result of YVMH' petition to vacate that those street stubs be owned and
maintained in the future, as follows:
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3.6.4.1 South 2911: North of the campus boundary, to Chestnut Avenue, South
29th will be owned to the midpoint of the street, by the adjoining
property owners, and will not serve as an access to the campus;
3.6.4.2 South 3011: North of the campus boundary, to Chestnut Avenue, South
30th will be acquired by YVMH from the adjoining property owners,
subject to easements in their favor for access and utilities. YVMH will
maintain this portion of South 301 Avenue as a pedestrian/bicycle
access route in and to the YVMH campus.
3.7 Pedestrian Improvements. [See attachment "Q" depicting pedestrian/bike path
routes]
3.8 Utilities. [Recite Property utility upgrades with construction.]
3.9 Impervious Surfaces. Impervious surfaces shall not excced 80% of the YVMH
campus.
3.10 Water Qua
ge.
3.10.1 The Property will comply with State and City regulations affecting
underground fuel storage and delivery systems.
3.10.2 A drainage plan meeting the requirements and standards of the Storm Water
Management Manual for Eastern Washington produced by the Washington
Department of Ecology, as may be amended prior to approval of the YVMH
Master Development Plan Application, will be approved by the City Engineer
prior to commencement of construction.
3.10.3 The drainage plan will include a Storm Water Pollution Prevention Plan.
3.10.4 The storm drainage system will be designed to discharge all storm water
within three days of storm events.
3.11 Conslruclion llauagement. A construction management plan will be prepared by
YVMH prior to contemplated renovation or construction of improvements, to include
the following elements:
a. That erosion control measures will be inspected and approved by the City prior to
the initiation of each phase of the Master Development Plan, and shall be
monitored and maintained throughout construction;
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#
b. That during site development and construction, no un -drained low spots will be
created within parking arca or storm water detention areas;
c. That construction areas will bc watcred as necessary to minimize blown dust;
d. That vehicles leaving the site arc washed down to minimize the transport of debris
or potentially hazardous materials away from the site; and
e. That truck traffic entering and leaving the site will be monitored by tlaggers to
ensure the safety of traffic on Tieton Drive.
3.12 Other Standards. Except as provided in this Agreement, the Property shall comply
with any applicable code, rule, or regulation in the City of Yakima Development
Regulations in effect on the date this Agreement is approved by the Yakima City
Council. To the extent new or different regulations are thereafter enacted to prevent
serious threat to public health and safety, the City reserves the right to impose such
regulations upon YVMH, following their enactment. RCW 36.70B.170(4).
3.13 SEPA.
3.13.1 Planned Action EIS. YVMH shall comply with the terms of the mitigating
measures approved by the City Council through the Planned Action
Ordinance, Attachment "P_" hereto. In thc event that any portion of the
overall development occurs in an order different from its identified phase, as
specified in the Planned Action EIS, all identified mitigation for such
development, identified in Table 6, Attachment J , shall be completed prior
to implementation.
3.13.2 Additional SEPA Review. Environmental review for the Master
Development Plan has been completed and no further environmental review
shall be required for actions associated with the implementation of the Master
Development Plan unless specified in this Agreement.
4. TERM; VESTING
4.1 Term. This Agreement shall be in effect for a period of forty (40) years. Any
extension of the Agreement shall require an amendinent of this Agreement by
YVMH, Balmclli, McLean, or their successors in intcrest, and the City Council.
Upon the expiration of this Agreement, thc Property shall be subject to the then
applicable provisions of the Yakima Municipal Code, provided that this provision
shall not deprive any rights of YVMH, Balmelli, McLean, or their successors, under
68
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#, _
the Yakima Municipal Code or other statute or case law, with respect to vesting or
nonconforming uses.
4.2N'esting. Except as provided in Section 4.3, YVMH is vested to the Property
Development Standards as established by this Agreement, either initially or through
amendment, during the term of this Agreement ("Buildout Period"). All
Implementing Permit Approvals (defined in Section 5.1) shall be governed by these
vested Development Standards. During the Buildout Period, the City shall not modify
or impose new or additional Development Standards on those subjects covered in
Section 2, or for subjects covered by subsequent amendments to this Agreement,
except as provided in Section 4.3. Further, for subjects not covered by the
Development Standards adopted in Section 2, or subsequently adopted Development
Standards, the Yakima Municipal Code ("YMC") provisions on the effective date of
this Agreement shall apply to the Project, and no changes to nor new provisions of the
YMC after the effective date of this Agreement shall apply to the Project, except as
provided in Section 4.3.
4.3 City's Reserved Authority. In accordance with RCW 36.70B.170(4), the City
reserves thc authority to impose new or different regulations to the extent required to
prevent a serious threat to public health and safety.
5. GENE
L PROVISIONS
5.1 Definitions.
5.1.1 -Development Regulations" are the controls placed on development or land
use activities by the City, including, but not limited to, zoning ordinances,
critical areas ordinances, shoreline master programs, official controls, planned
unit development ordinances, subdivision ordinances, and binding site plan
ordinances together with any amendments thereto.
5.1.2 "Implementing Permit Approvals" are the applications for land use approvals
and permits in addition to the Development Agreement and necessary or
desirable for the development of the Property. The Implementing Permit
Approvals may include without limitation the following: amendments of the
Development Agreement, improvement agreements and other agreements
relating to the Project, building permits, lot line adjustments, sewer and water
connection permits, certificates of occupancy, developer extension
agreements, landscaping plan approvals, clearing and grading permits, storm
drainage construction plans and design of individual facilities, other studies,
programs and plans required under this Agreement, right-of-way permits, and
any amendments to, or repealing of, any of the forcgoing.
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#
5.2 COVCIllilla Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Washington.
5.3 Amendment; Niodifications. Any amendment to this Agreement must be approved
by: (a) the City; (b) YVMH and any owner of any portion of the Property.
Notwithstanding the foregoing, thc Director of Community and Economic
Development ("Director-) may administratively approve minor modifications, as
determined by the Director, to Development Standards. The following review
procedures shall apply to project actions.
5.3.1 Projects or actions consistent with the approved Master Development Plan shall
be subject to a Type 1 Administrative Review. This includes, but is not
limited to:
a. Adjustments to the location of buildings consistent with exterior setbacks
and the provisions of the approved Master Development Plan;
b. Adjustments to the height of buildings consistent with exterior setbacks
and the provisions of the approved Master Development Plan;
c. Adjustments to the proposed square footage of buildings that do not
require additional traffic mitigation;
d. Changes to the Phasing Plan consistent with approved Mitigation Plans
and the approved Master Development Plan;
e. Detailed building plans consistent with the approved Master Development
Plan;
Detailed landscaping plans prepared in consultation with thc Barge -
Chestnut Neighborhood Association consistent with the approved Master
Development Plan;
g. Detailed utility plans consistent with the approved Master Development
Plan; and
h. The consolidation of lots or lot line adjustments.
5.3.2 Projects or actions that do not substantially differ from the approved Master
Development Plan, as determined by the Director, shall be considered Minor
70
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# A -
Amendments and will be subject to a Type 2 Administrative Review. Minor
amendments shall include:
a. Adjustments to the location of buildings which require modifications to
approved exterior setbacks;
b. Minor modifications to the height of buildings greater than the approved
not to cxceed levels;
c. Revisions to the Phasing Plan that require minor modifications to
approved Mitigation Plans;
d. New structures or additions to existing structures that do not extend
construction beyond approved exterior setbacks, or make construction
higher in elevation than is approved under the Master Development Plan;
e. The addition of more parking spaces for projects contemplated by the
Master Development Plan, provided the additional parking spaces do not
extend beyond approved exterior setbacks;
f. A waiver of a development standard or Master Development Plan
condition where the proposal does not go beyond the minimum necessary
to afford relief, and the change will not be materially detrimental to the
public or injurious to property or improvements in the vicinity of the
institution.
5.3.3 Projects or actions not contemplated in the approved Master Development
Plan may be considered Major Amendments and subject to a Type 3 review.
Major amendments may include:
a. Modifications to the proposed square footage of buildings that require
additional traffic mitigation;
b. New structures, or additions to an existing structure, or additional parking
spaces, that do not meet criteria of Type (2) review above;
c. Any expansion of the boundaries established by thc approved Master
Development Plan;
d. All other changes to the approved Master Development Plan which, in the
opinion of the Administrative Official rcpresent a substantial change to the
design, impacts, character or functional nature of the project.
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5.4 Binding on Successors; Assignment; Enforcement.
5.4.1 Binding Agreement. This Agreement shall bc binding upon and inure to thc
benefit of the parties, their successors and assigns.
5.4.2 Assignment. YVMH shall have the right to assign or transfer all or any
portion of the respective interests, rights or obligations under this Agreement
or in the Property to other parties acquiring an interest or estate in all or any
portion of the Property, including transfer of all interests through foreclosure
(judicial or nonjudicial) or by deed in lieu of foreclosure. Consent by the City
shall not be required for any transfer of rights pursuant to this Agreement.
Upon the transfer under this section, the transferee shall bc entitled to all
interests and rights and be subject to all obligations under this Agreement as to
the property transferred, and YVMH shall be released of liability as to the
property transferred.
5.4.3 Enforcement of Agreement. The City and YVMH, Balmelli, and McLean,
so long as they own any portion of the Property, may enforce the terms and
conditions of this Agreement.
5.5 Recording. Pursuant to RCW 36.70B.190, this Agreement shall be recorded with the
Yakima County Auditor and during the term of this Agreement shall be binding on
the parties, their successors and assigns.
5.6 Interpretation. The parties intend this Agreement to be interpreted to the full extent
authorized by law as an exercise of the City's authority to enter into such agreements,
and this Agreement shall be construed to reserve to Yakima only that police power
authority which is prohibited by law from being subject to a mutual agreement with
consideration.
5.7 Severability. If any provisions of this Agreement are determined to be unenforceable
or invalid by a court of law, then this Agreement shall thereafter be modified to
implement the intent of the parties to the maximum extent allowable under law. If a
court finds unenforceability or invalidity of any portion of this Agreement, the parties
agree to seek diligently to modify the Agreement consistent with the court decision,
and no party shall undertake any actions inconsistent with the intent of this
Agreement until the modification to this Agreement has been completed. If the
parties do not mutually agree to modifications within forty-five (45) days after the
court ruling, then either party may initiate thc dispute resolution proceedings in
Section 5.14 for determination of the modifications which implement the intent of
this Agreement and the court decision.
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# A
5.8 Authority. The City and YVMH each rcprcsent and warrant it has the respective
power and authority, and is duly authorized to executc, deliver and perform its
obligations under this Agreement.
5.9 Attachments. Attachments "A" through " " are incorporated in the Agreement by
this reference as if fully set forth.
5.10 Ile:Whigs. The headings in this Agreement are inserted for rcfcrcnce only and shall
not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
5.11 Time Is of the Essence. Time is of the essence of this Agreement and every
provision hereof. Unless otherwise set forth in this Agreement, thc reference to
"days" shall mean calendar days. If any time for action occurs on a weekend or legal
holiday, then the time period shall be extendcd automatically to the next business day.
5.12 Integration. This Agreement and the Exhibits attached hereto, which are
incorporated hcrein by reference, represent the entire agreement of the parties. There
are no other agreements, oral or written, except as expressly set forth in this
Agreement.
5.13 Disputes; Default and Remedies.
5.13.1 Dispute Resolution. In the event of any dispute relating to this Agreement,
all parties upon the request of any other party shall meet within seven (7) days
of the request to seek in good faith to resolve the disputc. The City shall send
the appropriate department director and persons with information relating to
the dispute, and YVMH shall send an owner's representative and any
consultant or other person with technical infonnation or expertise related to
the dispute.
5.13.2 Nlediation. It is the intent of the parties to resolve disagreements in a timely
manner without litigation, if possible. In the event the parties fail or are
unable to reach agreement on a disputed issue, they may select an independent
third party to serve as a mediator.
5.13.2 Default and Remedies. No party shall be in default under this Agreement
unless it has failed to perform under this Agreement for a period of thirty (30)
days after receiving written notice of default from any other party. Each
notice of default shall specify the nature of the alleged default and the manner
in which the default may be cured satisfactorily. If the nature of the alleged
73
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INDEX
default is such that it cannot be reasonably cured within the thirty (30) day
period, then commencement of the cure within such time period and the
diligent prosecution to completion of the cure shall be deemed a cure. Any
party not in default under this Agreement shall have all rights and remedies
provided by law including without limitation injunctive relief, damages,
specific performance or writs to compel performance or require action
consistent with this Agreement.
5.13.3 Jurisdiction and Venue. This Agreement shall be construed in accordance
with the laws of the State of Washington, and venue shall lie in Yakima
County Superior Court,
5.14 No Third Party Beneficiary. This Agreement is made and entered into for the sole
protection and benefit of the parties, thcir successors and assigns. No other person
shall have any right of action based upon any provision of this Agreement.
5.15 Interpretation. This Agreement has been reviewed and revised by legal counsel for
all parties and no presumption or rule that ambiguity shall be construed against the
party drafting the document shall apply to the interpretation or enforcement of this
Agreement.
5.16 Notice. All communications, notices and demands of any kind which a party under
this Agreement requires or desires to give to any other party shall be in writing and
either (i) delivered personally, (ii) sent by facsimile transmission with an additional
copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage
prepaid, return receipt requested, and addressed as follows:
If to YVMH:
Attn:
Telephone:
Facsimile:
With a copy to:
Velikanje Halverson, P.C.
Michael F. Shinn
P.O. Box 22550
405 E. Lincoln Avenue
74
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INDEX
Yakima, WA 98907
Telephone: 509 248-6030
Facsimile: 509 453-6880
If to the City:
CITY OF YAKIMA
Director of Community and Economic Development
129 N. 2nd Street
Yakima WA 98901
With a copy to:
CITY OF YAKIMA
City Clerk
129 N, 2nd Street
Yakima, WA 98901
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail,
notice shall be deemed delivered 72 hours after deposited. Any party at any time by written
notice to the other party may designate a different address or person to which such notice or
communication shall be given.
5.17 Cooperation. The parties shall not unreasonably withhold requests for information,
approvals or consents provided for in this Agreement. The parties agree to take
further actions and execute further documents, either jointly or within their respective
powers and authority, to implement the intent of this Agreement. The City agrees to
work cooperatively with YVMH to achieve the mutually agreeable goals as set forth
in this Agreement, subject to the City's independent exercise of judgment.
5.19 Delays. If either party is delayed in the performance of its obligations under this
Agreement due to force majeure, then performance of those obligations shall be
excused for the period of delay.
75
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INDEX
IN WITNESS WHEREOF, this Agreement has been entered into between the City of Yakima
and Yakima Valley Memorial Hospital as of the day of 2010.
YAKIMA VALLEY MEMORIAL HOSPITAL
ASSOCIATION, a Washington non-profit corporation
By:
Its:
CITY OF YAKIMA, a Political
Subdivision of the State of Washington
By: . Mayor
APPROVED AS TO FORM:
By: Jeffrey R. Cutter, City Attorney
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# -
STATE OF WASHINGTON
)ss.
County of Yakima
I certify that I know or have satisfactory evidence that , is the person
who appeared before me and is the of Yakima Valley Memorial Hospital
Association, the corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that (s)he is authorized to execute the same
instrument on behalf of the corporation.
Given under my hand and official seal this
STATE OF WASHINGTON
)ss.
County of Yakima
day of 2010.
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission Expires:
I certify that I know or have satisfactory evidence that . is the person who
appeared before me and is the Mayor of The City of Yakima, the municipality that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he
is authorized to execute the same instrument on behalf of the municipality.
Given under my hand and official seal this day of . 2010.
List of Attachments
77
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission Expires:
DOC.
INDEX
Attachment A: Parcel Numbers and Legal Descriptions
Attachment B: Map
Attachment C: Narrative Description and Planning Objectives
Attachment D: Campus Boundary Map
Attachment E: Site Plan
Attachment F: Existing Buildings
Attachment G: Proposed Buildings and Additions
Attachment H: Proposed Phasing Plan
Attachment I: Table 6, Mitigation Summary
Attachment J: Building Setbacks
Attachment K: Landscaping Plan
Attachment L: Parking Plan
Attachment M: Conceptual Street Vacation Drawings
Attachment N: Traffic Mitigation Pro Rata Share Cost Estimate Summary
Attachment 0: YMC 15.07.040 Site Buffering and Screening Standards
Attachment P: Planned Action Ordinance
Attachment Q: Pedestrian/Bike Path Routes
Attachment R:
ATTACHMENT "A"
Master Development Plan Application
Parcel Numbers and Legal Descriptions
10-20-10
The following is a listing of all properties included within the boundaries of the proposed
Master Development Plan. All parcels and associated improvements are owned by Yakima
Valley Memorial Hospital unless otherwise notcd.
Parcel Su minar
181323-33004 181323-33416 181323-33442 181323-33455 181323-33480
181323-33024 181323-33417 181323-33445 181323-33456 181323-33487
181323-33028 181323-33418 181323-33446 181323-33457 181323-33488
181323-33032 181323-33426 181323-33447 181323-33465 181323-33489
181323-33033 181323-33429 181323-33449 181323-33473 181323-33492
181323-33034 181323-33430 181323-33450 181323-33474 181323-33508
181323-33035 181323-33432 181323-33451 181323-33475 181323-33509
181323-33413 181323-33435 181323-33452 181323-33477 181323-33510
181323-33414 181323-33437 181323-33453 181323-33478 181323-34447
181323-33415 181323-33438 181323-33454 181323-33479 181323-34539
181323-33436 (partial).
Legal Descriptions
Lots 7 through 14, GRANDVIEW SUBURBAN HOMES, as recorded in Volume "H" of Plats,
page 15, records of Yakima County, Washington.
Assessor's Parcel Nos, 181323-33473, 33474, 33475, 33477, 33478, 33479, 33480, & 33492
Lot 3, DeFOE QUARTER ACRES, as recorded in Volume "H" of Plats, page 2, records of
Yakima County, Washington.
Assessor's Parcel No. 181323-33465
Lot 11 and Lot 12, GRANDVIEW HALF -ACRE TRACTS, as recorded in Volume "G" of Plats,
page 12, records of Yakima County, Washington.
Assessor's Parcel Nos.: 181323-33413, 33414, 33415, 33416, 33417 & 33418
Lots 1 through 11, Block 3, TIETON TERRACE ADDITION, as recorded in Volume "G" of
Plats, page 34, records of Yakima County, Washington.
Assessor's Parcel Nos. 181323-34447 & 34539
79
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INDEX
#.,.it.
The Southeast '/ of the Southwest 1/4 of thc Southwest '/ of Section 23, Township 13 North,
Range 18, E.W.M.;
EXCEPT the South 30 feet thereof for Ticton Drive.
Assessor's Parcel No. 181323-33028
That portion of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township
13 North, Rangc 18, E.W.M., described as follows:
BEGINNING at a point 33 fcct East and 30 feet North of the Southwest corner of the Southwest
1/4 of the Southeast 1/4 of the Southwest '4 of said Section, being the intersection of the East line
of 28'1' Avenue South and the North line of Tieton Drive; thence North 0°37 1/2' West along the
East line of said Avenue 195 feet; thence South 89°11' East 130.6 feet, more or less, to the
Northwest corner of the tract of land conveyed to Nicholas A. Gilman and wife, by deed recordcd
October 28, 1938, under Auditor's File No. 829963, records of Yakima County, Washington;
thence South along the West line of said Gilman tract 195 feet to the North line of Tieton Drive;
thence West along the North line of said Tieton Drive to the point of beginning;
EXCEPT the East 72.5 feet thereof.
Assessor's Parcel No.: 181323-34032
That portion of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township
13 North, Range 18, E.W.M., described as follows:
The East 72.5 feet of the following described tract:
BEGINNING at a point 33 feet East and 30 feet North of the Southwest comer of the Southwest
1/4 of thc Southeast 1/4 of the Southwest 1/4 of said Section, being the intersection of the East line
of 28th Avenue South and the North line of Tieton Drive; thence North 0°37 1/2' West along the
East line of said Avenue 195 feet; thence South 89°11 ' East 130.6 fcct, more or less, to the
Northwest corner of the tract of land conveyed to Nicholas A. Gilman and wife, by deed recorded
October 28, 1938, under Auditor's File No. 829963, records of Yakima County, Washington;
thence South along the West line of said Gilman tract 195 feet to the North line of Tieton Drive;
thence West along the North line of said Tieton Drive to the point of beginning.
Assessor's Parcel No.: 181323-34033
That portion of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township
13 North, Range 18, E.W.M., described as follows:
BEGINNING at a point 30 fcct North and 225 feet East of thc Southwest comer of thc Southeast
1/4 of the Southwcst ¼ of said Section; thence North 150 feet to the Southwest corner of Lot 1,
Block 3, TI ETON TERRACE ADDITION, as recorded in Volume "G" of Plats, page 34, records
of Yakima County, Washington, and continuing North along the West line of said Lot, a distance
of 45 feet; thence West 62 feet; thence South 195 feet; thence East along a line parallel with and
30 feet North of the South line of said Section 23, a distance of 62 fcct to the point of beginning.
Assessor's Parcel No.: 181323-34034
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# A-
That portion of the Southwest '/ of the Southeast 1/4 of thc Southwest 1/4 of Section 23, Township
13 North, Range 18, E.W.M., described as follows:
BEGINNING at a point 30 feet North and 320 feet East of the Southwest corner of the Southwest
1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section; thence West 95 feet; thence North 150
feet; thencc East 101.14 feet; thence South 105 feet; thence Southwesterly to the point of
beginning.
Assessor's Parcel No.: 181323-34035
The East 1/4 of the North 65 feet of the South 1/2 of the Northwest 1/4 of the Southwest '/ of the
Southwest 1/4 of Section 23, Township 13 North, Range 18, E.W.M.;
EXCEPT the East 20 feet thereof for street.
Assessor's Parcel No.: 181323-33004
That portion of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 23, Township
13 North, Range 18, E.W.M., described as follows:
The North 63 feet of the South 93 feet of the East 143.4 fect of the West 1/2 of the Southwest 1/4 of
the Southwest 1/4 of the Southwest 1/4 of said Section;
EXCEPT the East 25 feet thereof for street;
EXCEPT that portion conveyed to the City of Yakima by deed recorded under Auditor's File
Nos. 2943043 and 2958793.
AND
The East 143.4 feet of thc North 63 feet of thc South 156 feet of thc West 1/2 of the Southwest 1/4
of the Southwest 1/4 of the Southwest 1/4 of said Section;
EXCEPT the East 25 feet thereof.
AND
The North 124 feet of the South 280 feet of the West 1/2 of the Southwest 1/4 of the Southwcst 1/4
of the Southwest 1/4 of said Section;
EXCEPT the West 186.44 feet; and
EXCEPT the East 25 feet thereof.
Assessor's Parcel No.: 181323-33024
Lots 1 through 22. NEILANS MEMORIAL HEIGHTS, as recorded in Volume "N" of Plats,
page 25, records of Yakima County, Washington.
Assessor's Parcel Nos.: 181323-33487, 33488, 33489, 33490, 33508 & 33509
Note: Assessor's Parcels 181323-33508 and 181323-33509 are owned by the Yakima Valley
Memorial Hospital, but the improvements are owned by Yakima Valley Subsidiary, LLC.
Lots 2 through 18, NOB HILL ORCHARD HEIGHTS ADJOINING NORTH YAKIMA, as
recorded in Volume "E" of Plats, page 12, records of Yakima County, Washington.
Assessor's Parcel Nos.: 181323-33426, 33429, 33430, 33432, 33435, 33437, 33438, 33442,
33445, 33446, 33447, 33449, 33450, 33451, 33452, 33453, 33454, 33455, 33456, 33457 &
33510.
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INDEX
Note: The North 9 feet of the West '/2 of Lot 16 and the West 1/2 of Lot 17, NOB HILL
ORCHARD HEIGHTS ADJOINING NORTH YAKIMA, as recorded in Volume "E" of Plats,
page 12, records of Yakima County, Washington, Assessor's Parcel No. 181323-33455, is
owned by Mr. Mike Balmelli.
Note: The West V2 of Lot 18, NOB HILL ORCHARD HEIGHTS ADJOINING NORTH
YAKIMA, as recorded in Volume "E" of Plats, page 12, records of Yakima County,
Washington, Assessor's Parcel No. 181323-33456, is owned by Thomas and Deborah McLean.
Note: There are ongoing discussions regarding a minor boundary line adjustment between
YVMH the owner of parce1181323-33437 and Dr. Palmer Wright the owner of parce1181323-
33436. If a voluntary agreement between the parties is reached, parcel 181323-33437 will be
increased in size and the eastern property line will align with neighboring properties to the
north.
ATTACHMENT "B"
Map
Attachment C
Narrative Description and Planning Objectives
Attachment D
Campus Boundary Map
Attachment E
Site Plan
Attachment F
Existing Buildings
Attachment G
Proposed Buildings and Additions
Attachment 11
Proposed Phasing Plan
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INDEX
Attachment I
Attachment J
Building Setbacks
Attachment K
Landscaping Plan
Attachment L
Parking Plan
Attachment M
Conceptual Street Vacation Drawings
Attachment N
Traffic Mitigation Pro Rata Share Cost Estimate Summary
Prepared by City of Yakima August 2010
Intersection
Phase
Improvement
is Anticipated
Potential
Improvement
Dual eastbound
left -turn lanes
today; third
through lane on
N. 40th in Phase
3
Total Pro
Rata Share at
Phase of Need
$2,100,000
1.3% in Phase
3
Total Pro Rata
Contribution
at Build -out
$2,100,000
2.4%
N. 40th
Ave/Summitview Ave.
Existing and
Phase 3
N. 24th
Ave/Summitview Ave.
Phase 3
Signalization
$350,000
2.4%
$350,000
4.0%
N. 16th
Ave/Summitview Ave.
Phase 4/5
Westbound
right -turn lane
$250,000
4.0%
$250,000
4.0%
$250,000
$250,000
83
00C,
NDEX
-17
S. 40 Ave/Nob Hill
Blvd.
Phase 4/5
Wcstbound
right -turn lane
Dual left -turn
1.1%
$2,000,000
1.1%
$2,000,000
S. 16th Ave/Nob Hill
Blvd.
Phase 2
lanes on the
northbound and
eastbound
approaches
0.3%
1.8%
$400,000
$400,000
S. 24th Ave/Tieton Dr.
Signalization
11.6%
19.4%
Phase 3
1,500,000
$1,500,000
S. 16th Ave/Tieton Dr.
Phasc 4/5
Dual eastbound
left -turn lanes
9.5%
9.5%
$200,000
$200,000
Signalization
S. 28t1 Ave/Tieton Dr.
Phase 1 or 2
and dual
southbound
left -tum lanes
100%
100%
$300,000
$300,000
S. 30 Ave/Tieton Dr.
Phase 4/5
Signalization
100%
l 00%
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INDEX
October 21, 2010
Barge -Chestnut Neighborhood Association
For a Safe, Viable and Historic Neighborhood
RECEIVED
OCT 2 j 2010
CITY OF YAKIMA
PLANNING DIV,
Joan Davenport, Planning Manager
City of Yakima, Department of Community & Economic Development
129 North 2nd Street
Yakima, WA 98901
RE: Written Comments Regarding R #002-10
Dear Ms. Davenport:
The Barge -Chestnut Neighborhood Association has reviewed the Final Planned Action
Environmental Impact Statement (FEIS). There is one technical error in the document we
would like corrected. In "Table 2: Street Network Characteristics" 32nd Avenue is listed in the
table in the second column as a "Minor Arterial". This street should be classified as a
"Neighborhood Collector" in this table consistent with updates made to the Yakima Urban Area
Plan in 2006.
More importantly, we remain concerned over the limited role our jointly developed
comprehensive traffic calming plan plays in the table of potential mitigating measures for traffic
increase impacts. The BCNA and YVMH representatives have always considered mitigating
traffic impacts as an integral part of the master planning process. The FEIS document
acknowledges this as one of its goals: "Control a ss to the campus to reduce traffic
traveling through the Barge -Chestnut Neighborhood" (Section II).
The BCNA's traffic calming plan has always been linked to YVMH's "closed campus" plan
included in the FEIS. Through the process of closing neighborhood streets near the hospital, it
has always been clear that this traffic will not go away, it will simply be shifted to nearby
neighborhood streets if nothing is done to mitigate these changes in neighborhood traffic flow.
This simply moves the problem from one street to another without adequately addressing the
problem of hospital -associated traffic. This was, and remains, the main goal of our traffic
calming plan: to implement a comprehensive solution to the traffic challenges all of the streets
in our neighborhood face. We do not want to address the issue in an inadequate and
piecemeal fashion.
The FEIS acknowledges the connection between the street closures and the collaborative
efforts the BCNA has been engaged in to address and mitigate the impacts of the hospital's
planned expansion:
Additionally, the City of Yakima has initiated several traffic calming measures on streets
in the Barge -Chestnut Neighborhood in conjunction with these proposed circulation and
BCNA • c/o 211 S. 24th Avenue • Yakima, WA 98902
DOC,
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1
access modifications. These measures are being designed by City of Yakima in
consultation with the BCNA in accordance with the provisions of a Traffic Calming Plan
prepared by the BCNA, ratified by the residents of the neighborhood, and adopted by
the City. These improvements are intended to further slow traffic in the neighborhood
and to guide travelers to appropriate routes following the closure of the hospital
campus. It is anticipated that the traffic calming plan will be implemented by the City in
phases, with the first phase scheduled for 2011 and subsequent phases to be
scheduled after the Phase 1 traffic improvements have been completed by YVMH
(emphasis added).
This statement clearly does not limit the role an evolving traffic calming plan can play to just
the first two Phases of the hospital's expansion. The Association asserts that our traffic
calming plan is an integral part of the master plan process and should, therefore, be included
as a mitigating option in the FEIS beyond the first two Phases of the hospital build out. To
exclude the traffic calming plan because of concerns that it "would inadvertently and
inappropriately suggest that YVMH is financially responsible for implementation of the Plan or
that additional traffic mitigation could be required in the future" (from the City's response letter
to the BCNA's submitted comments on the DEIS) makes no sense to those of us who have
been collaborating with the City and YVMH representatives to develop the comprehensive
solutions needed to mitigate the impacts that all of the hospital's expansion phases will have
on our neighborhood.
We have received assurances from Jim Aberle, the lead hospital contact person listed on the
FEIS documents, that the proposed comprehensive traffic calming plan is consistent with the
hospital's goals and objectives for this project and with their desire to be a "good neighbor."
Furthermore, we have received assurances from the current YVMH CEO, Rick Linneweh, and
members of the YVMH Board of Directors that they are willing to financially support the
implementation of the traffic calming plan, if needed, because of its overall fit with their master
plan. Mr. Aberle has also held discussions with representatives from the City of Yakima about
whether the funds the hospital will be paying the City for the vacation of the neighborhood
streets could be earmarked to support future traffic calming efforts within the neighborhood.
This further underlines the hospital's support for our plan.
By limiting the mitigating measures to those only currently listed in Table 6 of the FEIS, the
document fails to reflect the hundreds of volunteer hours that the BCNA, its Board Members,
volunteers, and members have spent to develop our comprehensive traffic calming plan which
has always been envisioned as a critical and integral part of H's campus master planning.
The omission of the traffic calming plan, and future refinements or improvement to it, as a
potential way to mitigate traffic flow and cut -through traffic as the hospital implements
subsequent phases beyond the first two is a gross oversight that needs to be corrected.
We remain concerned about this significant exclusion from the plan despite assurances in the
"Summary of Required Mitigation" that possible mitigation measures—such as the traffic
signals on 24th Avenue—"shall be subject to future traffic analysis, design review,
environmental review, and public review and comment." Our concerns are also not assuaged
by statements that such mitigations "may not be warranted in the future" or that they may be
RECEIVED
O C T 2 1 2010
CITY
DAMNING j1��V.
BCNA • c/o 211 S. 24th Avenue • Yakima, WA 98902
"cost prohibitive." If all altematives are to be evaluated, then we believe the inclusion of a
comprehensive traffic calming plan should be among those considered to protect our historic
neighborhood. This is especially important given the fact that our neighborhood has high
pedestrian traffic, a bike route, and very few sidewalks. To consider traffic signals on 24th
Avenue, which has the potential to increase traffic flow, speeds, and cut -through traffic,
beginning in Phase 3 but not additional phases of a traffic calming plan at this point in the
hospital's continued expansion, makes no sense to us.
The BCNA is particularly proud of the plan we developed, in collaboration with the City
representatives and staff from YVMH, because it addresses many of the issues and concerns
raised by the traffic studies included in the FEIS Appendix in a highly cost effective and
efficient manner, while maintaining the special qualities and characteristics of our unique
historic neighborhood.
If the City of Yakima and its representatives are serious about historic preservation, and are
committed to balancing desires of the hospital to expand against the needs of its neighbors to
preserve the value and viability of our neighborhood, then integrating the BCNA's
comprehensive traffic calming plan into the potential mitigating measure throughout all phases
of the hospital's expansion included in the FEIS is critical.
As we have stated before, our neighborhood traffic problems are not the result of
neighborhood growth but growth around us. YVMH bears a major responsibility with their
growth over the years when little or no efforts were made to mitigate the increasing traffic
concerns.
Expanding the role the BCNA's traffic calming plan can plan in mitigating traffic in all phases of
the hospital's expansion in the FEIS is also consistent with statements and goals included in
the City of Yakima's Yakima Urban Area Comprehensive Plan and Yakima Urban Area
Transportation Plan. Examples include goals targeted to:
• develop and fund programs to "reduce speeding and cut -through traffic;"
• preserve, restore and revitalize neighborhoods;
• discourage through traffic and vehicular speeding on local streets where desired by the
residents; and
• amend Street Standards to increase ...(among other things) neighborhood livability.
Adding signals on 24th would run counter to these goals. The overarching mission of our work
with YVMH representatives over the past several years has been to improve the compatibility
of the hospital's expansion plan with the surrounding historic neighborhood. Minimizing the
impact of hospital -related traffic has been at the core of these discussions. To separate the
two at this point, as the current draft of the FEIS does by limiting the potential role a
comprehensive traffic calming plan could play in mitigating hospital -related traffic impacts,
undermines all of the efforts the BCNA and this hospital representatives have engaged in to
this point.
fie. r igly encourage the Hearing Examiner and City staff to reconsider the decision that
114cfd to exclude the traffic calming plan from the FEIS's Appendix and limit its
1 /WO
BCNA • c/o 211 S. 24th Avenue • Yakima, WA 98902
Cr i Y {fir' YAKIMA - /0
PLANNING DIV.
consideration as a potential mitigating measure beyond Phase 2 of the hospitals on-going
expansion plans.
If you have any questions, please feel free to contact me at (509) 452-6897 or
teacher_lilln charternet.
Sincerely,
Walt Ranta, President
Barge -Chestnut Neighborhood Association
5 South 32" Avenue
Yakima, WA 98902
(509) 452-6897
BCNA • c/o 211 S. 24th Avenue • Yakima, WA 98902
NN,
VED
OF Y*1-11(.1:
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#
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
August 03, 2010
Walt Ranta
5 South 32nd Avenue
Yakima,WA 98908
Dear Walt,
Thank you for your letter commenting on the Draft Environmental Impact Statement for the Master
Development Plan proposed by Yakima Valley Memorial Hospital. We have discussed your letter with
YVMH, and a copy of your comments will be attached in the Final EIS (FEIS) along with this response.
We appreciate the active involvement of the BCNA throughout the master planning process and support
of the land use proposal submitted by YVMH. Your concern regarding vehicles trying to access the
hospital campus by cutting through the Barge -Chestnut Neighborhood have been addressed in the EIS
process. Please note that while we have evaluated the potential impacts associated with alternatives to the
proposed action, we consider the closure of the hospital campus to be an essential component of the
Master Development Plan.
We have also noted your concerns regarding the Traffic Report prepared by Transpo, and have included
them in the DEIS Appendix. As a result, we will revise the FEIS to more clearly state that this report is a
reference document only, and that the recommendations regarding the Open Campus scenario are no
longer valid or applicable to the proposed Master Development Plan. We will add language that clearly
states that the traffic mitigating measures required of YVMH are limited to those identified in Table 6 of
the FEIS. Also, language will be added to the FEIS that explains that collection of YVMH's fair share
intersections improvement contributions does not guarantee that the improvements will be constructed.
We understand that you are particularly concerned about the potential impacts associated with possible
future improvements to S 24th Avenue. Language will be include in the FEIS that identifies that traffic
improvements such as a potential traffic signal at the intersection of S 24th and Tieton Drive, will be
subject to further traffic analysis, design, environmental, and public review and approval. We also
understand that the BCNA does not support the identified improvements to S. 24th Avenue included in the
EIS. The requirements of the State Environmental Policy Act and EIS process require that the City study
DOC.
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••, ,• ••,
the impacts of the hospital expansion and mitigate the identified impacts.. As a result, we have not deleted
the two potential mitigation measures that involve S 24'h Avenue from the FEIS as you proposed.
Finally, we have carefully considered your request that the T . c Calming Plan prepared by the BCNA
be included as an Appendix to the FEIS. The City of Yakima is committed to working with the BCNA to
implement the Plan. We are concerned however, that including the Plan in the Appendix to the FEIS
would inadvertently and inappropriately suggest that YVMH is financially responsible for
implementation of the Plan or that additional traffic mitigation could be required in the future. However,
in light of this fact we are adding to the FEIS a statement that required traffic mitigation is limited to
those improvements specifically identified in Table 6, of the FEIS.
In closing, we concur with the importance of closing the hospital campus and redirecting travelers to the
hospital toward a new main entrance(s) on Tieton Drive. During the review and approval process for the
proposed Master Development Plan we anticipate that this design provision and the corresponding traffic
mitigation measures will be restated in several documents including the written conditions of Master
Development Plan approval, the Planned Action Ordinance, and the Development Agreement between the
City and YVMH. We have attached the most recent copy of the draft Development Agreement so you can
see our current thinking regarding the implementation of the required t it c mitigation measures.
We hope that the revisions that we have made to the FEIS and the more detailed description of the traffic
mitigation measures in the draft Development Agreement have addressed the concerns that you raised in
your letter. We greatly appreciate your support and taking the time to share your concerns.
Sincerely yours,
Michael A. Morales
Director of Community & Economic Development
SEPA Responsible Official
CC: Jim Aberle, YVMH
0C
INDEX
YAKI VALLEY MEMORIAL HOSPITAL
DRAFT DEVELOPMENT AGREEMENT
Grantor(s): Yakima Valley Memorial Hospital Association, Michael Balmelli, Thomas
McLean and Deborah Mc
Grantee(s): City of Yakima
Abbreviated Legal Descriptions: Lts. 1-22, '1 ANS 1 MO ' HEI S, "N"-25;
Lts. 7-17, G 1 I W SUB : AN HOMES, "H"-
15; Lt. 3, DeFOE QUARTER ACRES, "H"-2; Lts. 11 &
12, G' 1 1 W F -ACRE CTS, "G"-12; Lts.
2-18, NOB 11 L ORC IHEIGHTS ADJO 1 G
NORTH Y • • "E"-25; Lts. 1-11, Blk. 3, 1 TON
TE ' CE ADDITION, "G"-34; ptn. SW 1/4 SW '4 and
SE 'A SW 'A S23, T I3N, R18E
Complete legal descriptions are on pages 17 & 18.
Assessor's Tax Parcel ID Nos.: 181323-33004, 33024, 33028, 33413, 33414, 33415,
33416, 33417, 33418, 33426, 33429, 33430, 33432, 33435, 33437, 33438, 33442, 33445, 33446,
33447, 33449, 33450, 33451, 33452, 33453, 33454, 33455, 33456, 33457, 33465, 33473, 33474,
33475, 33477, 33478, 33479, 33480, 33487, 33488, 33489, 33490, 33492, 33508, 33509, 33510,
34032, 34033, 34034, 34035, 3' 7, 34539
Note to Reader: This document is a working draft that will continue to be revised throughout
the process of reviewing the Master Development Plan proposed for the main campus of
Yakima Valley Memorial Hospital. Prior to taking any action on the final draft of this
Development Agreement, the Yaki City Council will co ct a public hearing. For more
information on the status of this draft Development Agreement or the date of the public
hearing, please contact Jeff Peters with the Yakima Planning Department al 509-575-6163.
0007
INDEX
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
DEVELOPMENT AGREEMENT
This Development Agreement is entered into by and between the CITY OF Y MA a
municipal corporation ("City"), Y • 1 VALLEY 1 MORIAL HOSPITAL
ASSOCIATION, a Washington nonprofit corporation (" 1 '), Michael Balmelli, a single
man ("Balmelli"), and Thomas Mc and Deborah Mc husband and wife ("McLean").
RECITALS
A. To strengthen the public planning process, encourage private participation in
comprehensive pl • g and reduce the .nomic risk of development, the legislature of the
state of Washington enacted RCW 36,70B.170 through 36.70B.210 ('Development Agreement
Statute"), which authorizes the City and 1 to enter into a Development Agreement
regarding the development of property, and to establish development rights with any person
having an ownership interest or control of such real property.
: I 1
B. 1 was founded in 1950 and serves the health care needs of the greater Yakima area
from its main campus at 2811 Tieton Drive in the City of Yakima, as well as from satellite
facilities located throughout Yakima County. The main campus consists of 51 parcels of
property, approximately 26.4 acres.1 The parcel numbers and legal descriptions for these parcels
are contained in Attachment "A" hereto (the "Property"). Currently, there are approximately
500,000 square feet of 1 facilities at the :n c: I pus, including 226 hospital beds,
inpatient services for Cancer Care, H- : Care, Criti : mergency Care, Orthopedics, Surgery,
The F. y Birthplace, Pediatric Care, Neonatal Intensive Care Unit, and Psychiatric C
admits approximately 14,300 patients a year, served by over 320 physicians representing
at least 35 specialties, employs over 2,300 workers and has over 460 volunteer workers, On
average over 3,100 births occur at 1 each year, 66,000 visits are made to the Emergency
Department, and the Hospital provides over $9.4 million a y : in Charity Care.
C. The Property, which is also depicted on the map appended hereto as Attachment "B"
extends north along Tieton Drive roughly een South 27th to South 31st Avenues and lies
bounded on the North by private residences, now part of the Barge -Chestnut Neighborhood
Association Historical District, and by private residences on the ' : and the West, as well as the
South, across Tieton Drive. The Property's zoning has remained Single -Family Residential (R-
1), Two -Family Residential (R-2, and Multi -Family Residential (R-3),development.
Two of the 51 t: s, accounting for .45
acquisition prior to the termination of this Agreement.
2
mated privately and YVMH
1
o ncotiate tlieir
DOC.
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Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
D. Since 1950, YVMH has continued to grow by acquiring adjoining properties, adding new
services, constructing new facilities, and renovating original facilities to provide increased health
care services within the community. However, this growth has not come without effects to the
surrounding neighborhood, and public comments from the Barge -Chestnut Neighborhood.
Therefore, based upon past citizen comments, and a need to provide predictability in the
development of its campus YVMH devised a 30 -year master plan. Following review of Y'VMH's
master plan, it became apparent that a new development review process was needed that would
provide large a' itutional pro , owners a process that was designed to facilitate orderly,
predictable land use procedures for future development while also providing certainty with
regard to application requirements, public process, environmental review, and development
standards. As a result, in September, 2008 the City passed and codified legislation, to create an
Institutional Overlay. The new legislation, codified in the Yakima Municipal Code Chapter
1531, requires the applicant enter into a Development Agreement, pursuant to the Development
Agreement Statute,
E. On December 4, 2008, and May 27, 2009, YVMH held properly noticed, public meetings
to discuss and identify project concerns with regard to its master development plan objectives,
pursuant to the new Institutional Overlay legislation, YMC Section 15.31.026.
F. On or about September 8, 2009, YVMH submitted a Planned Development, Institutional
Overlay, and Planned Action Environmental Review application (the "Master Development Plan
Application") for the Property to the City, in accordance with the Institutional Overlay chapter of
the Yakima Municipal Code. On November 9, 2009, the City deemed the Master Development
Plan Application complete and ready for processing.
G. The City Planning Division reviewed the Master Development Plan Application under
the State Environmental Policy Act ("SEPA") and issued a Determination of Significance and a
Scoping Notice on November 10, 2009, SEPA #028-09. Following the mandatory 20 -day
comment period, the City issued a Final Scoping Decision on December 10, 2009, with regard to
the Planned Action D ' • Environmental Impact Statement ("DEIS"), specifically requiring
YVMH to address mitigation measures with regard to traffic, parking, and stormwater
management. The Planned Action Preliminary DEIS' was prepared and disseminated to City
staff for approval on May 13, 2010, and issued for public review and comment on May 28, 2010.
Following the thirty day public comment period on the Planned Action DEIS the Final
Environmental Impact Statement (FEIS) was submitted for review and public comment on
September 2010.
3
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INDEX.
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
H. Thereafter, following proper notice and in accordance with the Yakima Municipal Code
and state law, public hearing on the Master Development Plan Application took place on
20 The Hearing Examiner then made recommendation on the Master
Development Plan Application to the Yakima City Council on , [Describe details of
hearings, recommendations]
1. The City Council held a closed record public hearing on the recommendation of the
Hearing Examiner on , 20 . The Council decided
on, , 20_. The Development Agreement was prepared expressly subject to the
terms of the City Council's Final Decision, and was approved and adopted by the City Council,
pursuant to RCW Sections 36.70B,170-.210. [Describe details of hearings, decisions]
J. This Development Agreement is intended to implement the rights and obligations as set
forth in the City's Final Decision on YVMH's Master Development Plan Application. The City
has determined that this Development Agreement is appropriate, and will, among other things,
implement the conditions in the Final Decision, eliminate uncertainty over development of the
Property, provide for the orderly development of the Property consistent with the City's
Institutional Overlay ordinance, mitigate environmental impacts, and otherwise achieve the goals
and purposes for which the Development Agreement Statute was enacted.
K. In exchange for the benefits to the City described in the preceding recital, together with
other public benefits that will result from the development of the Property, YVMH will receive
vested rights proceed with the ter Development Plan in accordance herewith, and YVMH
therefore desires to enter into this Development Agreement.
AGREE NT
NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in
this Development Agreement (hereinafter the "Agreement"), the parties agree as follows:
1. GENE
L OBLIGATIONS
YVMH shall comply with the terms of this Agreement, and the terms of any implementing
permit approvals, including without limitation those conditions relating to the provision of
4
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9
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
traffic, sanitary sewer, water, storm water, and other infrastructure requirements that may be
needed for development according to the Master Development Plan. The City shall comply
with the terms of this Agreement and shall consider for approval, and cooperate with
processing and reviewing, all applications for implementing permit approvals, as provided in
this Agreement.
2. PROPERTY DEVELOPMENT
2.1 Narrative Description of the Master Development Plan and the Master Planning
Obiectives. A narrative of the Master Development Plan and its objectives is set
forth in Attachment "C" and incorporated by reference herein as though fully set
forth.
2.2 Campus Boundaries. The boundaries of the YVMH campus shall be established as
depicted in Attachment "D" and shall consist of the parcels listed and described in
Attachment "B".
2.3 Site Ilan. All development activities on the YVMH campus shall substantially
comply with the approved Site Plan as depicted in Attachment "E".
2.4 Development Activities. At the time of execution of this Agreement the YVMH
campus consists of fifteen buildings including the main YVMH facility, neighboring
medical office and support buildings and corresponding off-street parking facilities.
In addition, YVMH owns five buildings on the campus that have been vacated or are
being used on an interim basis, pending removal. It is anticipated that YVMH will
also acquire the two privately owned residential properties located within the
proposed boundaries of the YVMH campus during the term of this Agreement.
2.4.1 The location of the existing buildings on the
Attachment "F".
campus is depicted on
2.4.2 The following buildings may be removed or demolished in conjunction with
the proposed development activities:
a. Vacant church;
b. Four residential structures currently owned by
c. Two additional residential structures if acquired by YVMH;
d, Early Learning Center;
e. Grounds maintenance building;
5
Yakima Valley Memorial Hospital
Dre Development Agreement
August 2, 2010
f Tieton House;
g. Memorial House;
h. Rimrock House; and
i. Chinook House.
2.4.3 At full build out the YVMH campus may consist of twelve structures
including additions to the main hospital building, new and expanded medical
buildings, support buildings, and associated off-street parking and covered
parking structures.
2,4.4 The approximate location of the proposed new buildings and additions are
depicted on Attachment "G".
2.4.5 It is anticipated that at build -out the YVMH campus may consist of the
following buildings with the following approximate square footages:
a. Hospital Building, 775,528 square feet;
b. West Pavilion I, 72,555 square feet;
c. West Pavilion H, 50,000 square feet;
d. Early Learning Center, 12,000 square feet;
e. North Pavilion I, 100,000 square feet;
f. East Pavilion I, 50,000 square feet;
g. Rainier House (Human Resources), 2,039 square feet;
h. Parking Garage 1 (PG -1), 283,745 square feet;
i. Parking Garage 2 (PG -2), 99,248 square feet;
j. Parking Garage 3 (PG -3), 88,274 square feet;
k. Parking Garage 4a (PG -4a), 283,230 square feet;
1. Parking Garage 4b (PG -4b), 282,230 square feet.
2.5 Phasing flan. In general terms, it is anticipated that the proposed development
activities will be constructed in five phases over a • y year period as described and
depicted in Attachment "H". The actual implementation will be based on market
demand, the availability of financing, and the conditions of the Planned Action EIS.
In the event that some portion of the overall development occurs in a different order
than is specified in the Planned Action EIS, all identified mitigation required for said
development, identified in Table shall be completed prior to that development's
implementation.
6
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Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
2.5.1 Prior to the removal or demolition of any buildings YVMH shall apply for and
receive a demolition and/or related permits.
2.5.2 Prior to the initiation of any construction related activities YVMH shall apply
for and receive a Building Permit and all associated permits that may be
required. Each building permit application shall contain a construction
management plan that documents the proposed location for the storage of
construction materials and equipment, parking for construction workers, plans
to maintain sufficient parking on campus to support YVMH operations, and
plans to maintain adequate access and circulation on campus.
2.5.3 Phase One: Phase One shall be completed prior to development or initiation
of any other phase of development.
3. PROPERTY DEVELOPMENT STANDARDS
The Property shall be governed by the following development standards and mitigation
measures (collectively "Development Standards"):
3,1 Building Heights. Although specific building heights will not be established until
building permit applications are submitted, the following heights have been set as
not -to -ex levels for each new building and addition:
a. Energy Plant and Loading Dock: Not to exceed 60 feet;
b. Easy Addition — Hospital Building: Not to exceed 75 feet;
c. Early Learning Center: Not to ex 20 feet;
d. West Pavilion I Addition: Not to ex - 30 feet;
e. West Addition — Hospital Building: Not to ex - 4.4 75 feet;
f East Pavilion Addition: Not to ex - - 30 feet;
g. South Addition — Hospital Building: Not to exceed 75 feet;
h. North Pavilion Addition: Not to ex 60 feet;
i. Parking Garage 1: Not to exceed 36 feet;
j. Parking Gar: le 2: Not to exceed 24 feet;
k. Parking e 3: Not to ex - - a 24 feet;
1. P: 'ng Garage 4a: Not to ex 36 feet;
m. Parking Garage 4b: Not to exceed 36 feet.
7
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#
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
3.2 Sethacks. All buildings shall be set back from exterior property lines as depicted in
Attachment "J".
3.2.1 Zero lot line setbacks shall be allowed from all interior lot lines provided all
applicable building codes are met.
3.3 Landscaping. Landscaping shall be provided in accordance with the approved
landscaping plan described and depicted in Attachment "K". Except as otherwise
provided therein, site buffering and screening will adhere to Standard C as described
in the provisions of Section 15.07.040 of the UAZO included as Attachment
3.4 Parking. It is agreed by the parties that all parking . • sciated with the use of the
facilities identified in the approved Master Development Plan shall be located on the
campus. The p 'es ee to work cooperatively to minimize opportunities
for hospital employees, guests, visitors or construction workers to park on
neighborhood streets.
1
3.4.1 Updated Farking Plan. 1 shall submit with -1 h building permit
application a parking plan sub 1 tially in accordance with the Parking Plan
described and depicted in Attachment "L" and Tables 5 & 6 of the FEIS.
The approved Master Development Plan includes more on-site parking than is
required to meet City standards.
3.4.2 Construction Parking, With each building permit application, 1 shall
submit for City review and approval a Construction Management Plan that
will identify parking areas for construction workers and construction related
vehicles as well as staging areas for the delivery, storage, processing, and/or
assembly of construction materials.
3.5 Street improvements. As identified in the Planned Action EIS there are nine
intersections that will require improvements as a result of implementing the Master Development
Plan for the main campus of the Yakima Valley Memorial Hospital. Two of these intersections
involve improvements that shall be designed and constructed by 1 in accordance with City
standards and subject to City review and approval. The other seven intersections will not meet
City .idards regardless of additional 1 development, and therefore only require that
e a prorated contribution to specific improvements as described in this Agreement.
8
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i:NDEX
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
3.5.1 : Improvements. 1 shall design and construct the following
improvements in accordance with City Standards and the terms of this
Agreement, subject to City approval:
3.5.1.1 South 28th Avenue and Tieton Drive:
a. Description of Improvement: YVMH shall install a traffic signal at
the South 28th Avenue/Tieton Drive intersection. In addition, YVMH
shall widen the southbound approach of the intersection to include
dual left -turn lanes and a right -turn lane.
b. Timing: If the subject improvements can be completed without having
to a • e any right-of-way from property owners other than from
or its assignees, then the improvements must be completed
prior to issuance of the first certificate of occupancy for any
improvement that creates a net incr e in trips
c. YVMH Contribution: Y 1 at its expense, shall design and
construct this street and signal improvement. The City will assist in
procuring the n ssary rights-of-way on properties not owned by
provided that the cost of the acquisition shall be paid by
The City shall also assist in the relocation of utilities needed
to make said improvements, as necessary.
d. Special Conditions: 1 may elect to install this improvement in
conjunction with other road improvements planned in Phase 1.
3.5.1.2 South 30th Avenue and Tieton Drive:
a. Description of Improvement: YVMH shall install a tr ic signal at
the South 3O' Avenue/Tieton Drive intersection.
b. Timing: If the subject improvements can be completed without having
to acquire any right-of-way from property owners other than from
or its assignees, then the improvements must be completed
when a traffic signal is warranted according to the standards set forth
in the Manual on Uniform Traffic Control Devices CD). It is
anticipated that these warrants will be met in Phase 4 or 5.
9
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INDEX
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
c. YVMH Contribution: YVMH, at its expense, shall design and
construct this street and signal improvement, The City will assist in
procuring the necessary rights-of-way on properties not owned by
provided that the cost of the acquisition shall be paid by
YVMH. The City shall also assist in the relocation of utilities needed
to make said improvements, as necessary.
3.5.2 YVMH Pro Rats Share Improvements, Phases 2 and 3. YVMH shall
participate with the City of Yakima in the purchase of right-of-way and
intersection improvements as outlined below in accordance with the following
terms and conditions. YVMH's contribution to these improvements will be on
a pro rata basis according to traffic volumes generated at Phase 5 as a
percentage of total intersection volumes.
3.5.2.1 South le Avenue and Nob Hill Boulevard:
a. Description of Improvement: Construct an additional left -turn lane
on the northbound approach and an additional left -turn lane on the
eastbound approach of the intersection to enable dual left -turn lanes on
both approaches.
b. YVMII Contribution: YVMH shall contribute up to 1.8% of the cost
of the described improvements or a maximum of $XXX. The total cost
of the described improvements is as follows:
1. Roadway Cost =
2. Right-of-way Acquisition Costs =
3. Engineering Costs =
4. Contingency --
5. Total improvement cost =
c. Tirninz YVMH shall make payment to the City prior to the issuance
of the first building permit for any improvement that creates a net
increase in trips.
d. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on the provision of the second eastbound and
northbound left -turn lanes. The pro rata fee associated with the
10
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
contribution may be used by the City toward improvements made at
this intersection or any of the intersections identified in Section 3.5 of
this agreement.
3.5.2.2 North 40th Avenue and Summitview Avenue:
a. Description of Improvement: Construct a second left -turn lane on the
eastbound approach or construct a third through lane on N 40th a
minimum of 300 feet upstream of the intersection.
b. Y El Contribution: YVMH shall contribute up to 2,4% of the cost
of the described improvements or a maximum of MX. The total
cost of the described improvements is as follows:
1. Roadway Cost =
2. Right-of-way Acquisition Costs =
3. Engineering Costs =
4, Contingency =
5. Total improvement cost =
e. YVMH shall make payment to the City prior to the issuance
of the first building permit that creates a net increase in trips in Phase
3.
d. Special Conditions: If these improvements are deemed unfeasible by the
City of Yakima, the pro rata contribution made by YVMH shall still be
calculated based on the provision of the second eastbound left -turn lanes or
the third through lane on N 40th. The pro rata fee associated with the
contribution may be used by the City toward improvements made at this
intersection or any of the intersections identified in Section 3.5 of this
agreement.
3.5.2.3 North 24th Avenue and Summitview Avenue:
a. Description of Improvemen(: Install a traffic signal at the
intersection when warranted in accordance with the standards set forth
in the Manual on Uniform Traffic Control Devices CD).
b, YVMH Contribution: YVMH shall contribute up to 4.0% of the cost
of the described improvements or a maximum of VOCX, The total cost
of the described improvements is as follows:
11
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
1. Roadway Cost =
2. Signal Cost =
3. Right-of-way Acquisition Costs =
4. Engineering Costs =
5. Contingency
6. Total improvement cost =
f. YVMII shall make payment to the City prior to the issuance
of the first building permit that creates a net increase in trips in Phase
3.
c. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated b; -• on the installation of a traffic signal at this
intersection. The pro rata fee associated with the contribution may be
used by the City toward improvements made at this intersection or any
of the intersections identified in Section 3.5 of this agreement.
3.5.2.4 South 24111 Avenue and Tieton Drive:
a, Description of Improvement; Install a traffic signal at the
intersection when warranted in accordance with the standards set forth
in the Manual on Uniform T is Control Devices CD).
b. YV Contribution; YVMH shall contribute up to 19.4% of the
cost of the described improvements or a maximum of $XXX. The total
cost of the described improvements is : z follows:
1. Roadway Cost =
2. Signal Cost =
3. Right-of-way Acquisition Costs =
4. Engineering Costs =
5. Contingency =
6. Total improvement cost =
c. Timing: YVMH shall make payment to the City prior to the issuance
of the first building permit that creates a net increase in trips in Phase
3,
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Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
d. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on the installation of a traffic signal at this
intersection, The fee associated with the contribution may be used by
the City toward improvements made at this intersection or any of the
intersections identified in Section 3.5 of this agreement.
3.5.3 YVMH Pro Rata Share Improvements, Phases 4 and 5. YVMH shall
participate with the City of Yakima in the purchase of right-of-way and
intersection improvements as outlined below and with the following terms and
conditions. YVMH's contribution to these improvements would be on a pro
rata basis according to traffic volumes generated at Phase 5 as a percentage of
total intersection volumes.
3.5.3.1 North 16th Avenue and Summitview Avenue:
a. Description of Improvement: Install a westbound right -turn lane at
the inter. ion.
b. Y H Contribution: YVMH shall contribute up to 4.0% of the cost
of the described improvements.
c. Timing;
d. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on the installation of a westbound right -turn
lane at this intersection. The fee associated with the contribution may
be used by the City toward improvements made at this intersection or
any of the intersections identified in Section 3.5 of this agreement.
3.5.3.2 $puth 40th Avenue and Nob Hill Boulevard:
a. Description of Improvement: Install a westbound right -turn lane at
the intersection.
b. Y 1: Contribution: YVMH shall contribute up to 1.1% of the cost
of the described improvements.
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Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
c. Timing
d. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on the installation of a westbound right -turn
lane at this intersection. The fee associated with the contribution may
be used by the City toward improvements e at this intersection or
any of the intersections identified in Section 3.5 of this i eement.
3.5.3.3 South 16th Avenue and Tieton Drive:
a, Description of Improvement: Install a second left -turn lane on the
eastbound approach at the intersection.
b. YVMH Contribution: YVMH shall contribute up to 9.5% of the cost
of the described improvements.
c. Timing:
d. Special Conditions: If these improvements are deemed unfeasible by
the City of Yakima, the pro rata contribution made by YVMH shall
still be calculated based on the installation of a second left -turn lane on
the eastbound approach at this intersection. The fee associated with the
contribution may be used by the City toward improvements made at
this intersection or any of the intersections identified in Section 3.5 of
this agreement.
3.5.4 General Conditions: The following conditions shall apply to the required
street improvements identified in this agreement:
3.5.4.1 Six Year Street Plan: The City shall amend its Six Year Street Plan to
include the projects described in this Agreement.
3.5.4.2 Revisions. In the event that revisions to the phasing plan
implementing this Master Development Plan are required it may be
necessary to revise the schedule for the required traffic mitigation
measures. If so, the following standards will be used to determine the
number of trips that will be generated and whether the schedule for
completing the required traffic mitigation needs to be adjusted:
14
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it4DEX
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
b. Hospital, 1.14 trips per 1,000 sq. ft. during the weekday, p.m. peak
hour;
c. Medical Office Building, 3.46 trips per 1,000 sq. ft. during the
weekday, p.m. peak hour; and
c. Early Learning Center, z trips per employee.
3.6 Street Vacations/Licenses. It is the intent of the parties that portions of South
29th and South 30th Avenues will be vacated as depicted in Attachment "M" and in
accordance with the terms and conditions of City approval included as
Attachment through required city and state procedures.:
3.6.4 For South 29th and 30th Avenues north of the campus boundary, it is the
parties intent that those streets be vacated to Chestnut Avenue, and as the
result of YVMH' petition to vacate that those street stubs be owned and
maintained in the future, as follows:
3.6.4.1 South 29th: North of the campus boundary, to Chestnut Avenue, South
29'h will be owned to the midpoint of the street, by the adjoining
property owners, and will not serve as an access to the campus;
3.6.4.2 South 30th: North of the campus boundary, to Chestnut Avenue, South
30th will be acquired by YVMH from the adjoining property owners,
subject to easements in their favor for access and utilities. YVMH will
maintain this portion of South 30th Avenue as a pedestrian/bicycle
access route in and to the 1 campus.
3.7 Pedestrian Improvements. [See attachment " " depicting pedestrian/bike path
routes]
3.8 Utilities. [Recite Property utility upgrades with construction.]
3.9 Impervious Surfaces. Impervious surfaces shall not exceed 75% of the YVMH
campus.
3.10 Water Quality/Stormwater Drainaee.
15
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
3.10.1 The Property will comply with State and City regulations affecting
underground fuel storage and delivery systems.
3.10.2 A drainage plan meeting the requirements and standards of the Storm Water
Management : ual for Eastern Washington produced by the Washington
Department of Ecology, as may be amended prior to approval of the YVMH
Master Development Plan Application, will be approved by the City Engineer
prior to commencement of construction.
3.10.3 The drainage plan will include a Storm Water Pollution Prevention Plan,
3.10.4 The storm drainage system will be designed to discharge all storm water
within three days of storm events.
3.11 Construction Man aRement. A construction management plan will be prepared by
YVMH prior to contemplated renovation or construction of improvements, to include
the following elements:
a. That erosion control measures will be inspected and approved by the City prior to
the initiation of each phase of the Master Development Plan, and shall be
monitored and main 'Ied throughout construction;
b. That during site development and construction, no un -drained low spots are
created within parking area or storm water detention areas;
c. That construction areas will be watered as necessary to minimize blown dust;
d. That vehicles leaving the site are washed down to minimize the transport of debris
or potentially hazardous materials away from the site; and
e. That truck traffic entering and leaving the site will be monitored by flaggers to
ensure the safety oft c on Tieton Drive.
3.12 Other Standards. Except as provided in this Agreement, the Property shall comply
with any applicable code, rule, or regulation in the City of Yakima Development
Regulations in effect on the date this Agreement is approved by the Yakima City
Council. To the extent new or different regulations are thereafter enacted to prevent
16
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Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
serious threat to public health and safety, the City reserves the right to impose such
regulations upon YVMH, following their enactment. RCW 37.7013.170(4).
3.13 SEPA.
3.13.1 Planned Action EIS. YVMH shall comply with the terms of the mitigating
measures approved by the City Council through the Planned Action
Ordinance, Attachment " " hereto. In the event that any portion of the
overall development occurs in an order different from its identified phase, as
specified in the Planned Action EIS, all identified mitigation for such
development, identified in Table shall be completed prior to
implementation.
3.13.2 Additional SEPA Review. Environmental review for the ter
Development Plan has been completed and no further environmental review
shall be required for actions associated with the implementation of the Master
Development Plan unless specified in this Agreement.
4. TE • VES
4.1 Term. This Agreement shall be in effect for a period of forty (40) years. Any
extension of the Agreement shall require an amendment of this Agreement by
YVMH, Balmelli, McLean, or their successors in interest, and the City Council,
Upon the expiration of this Agreement, the Property shall be subject to the then
applicable provisions of the Yakima Municipal Code, provided that this provision
shall not deprive any rights of 1 Balmelli, McLean, or their successors, under
the Yakima Municipal Code or other statute or case law, with respect to vesting or
nonconforming uses.
4.2 Vesting. Except as provided in Section 4.3, YVMH is vested to the Property
Development Standards as established by this Agreement, either initially or through
amendment, during the term of this Agreement ("Buildout Period"). All
Implementing Permit Approvals (defined in Section 5.1) shall be governed by these
vested Development Standards. During the Buildout Period, the City shall not
modify or impose new or additional Development Standards on those subjects
covered in Section 2, or for subjects covered by subsequent amendments to this
Agreement, except as provided in Section 4.3. Further, for subjects not covered by
the Development Standards adopted in Section 2, or subsequently adopted
Development Standards, the Y: a Municipal Code ("YMC") provisions on the
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Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
effective date of this Agreement shall apply to the Project, and no changes to nor new
provisions of the YMC after the effective date of this Agreement shall apply to the
Project, except as provided in Section 4.3.
4.3 City's Reserved A litho ri ty In accordance with RCW 36.70B.170(4), the City
reserves the authority to impose new or different regulations to the extent required to
prevent a serious thr,4t to public health and safety.
5. GENE
L PROVISIONS
5.1 Definitions.
5,1.1 "Development Regulations" are the controls placed on development or land
use activities by the City, including, but not limited to, zoning ordinances,
critical areas ordinances, shoreline master programs, official controls, planned
unit development ordinances, subdivision ordinances, and binding site plan
ordinances together with any amendments thereto.
5.1.2 "Implementing Permit Approvals" are the applications for land use approvals
and permits in addition to the Development Agreement and necessary or
desirable for the development of the Property. The Implementing Permit
Approvals may include without limitation the following: amendments of the
Development Agreement, improvement agreements and other agreements
relating to the Project, building permits, lot line adjustments, sewer and water
connection permits, certificates of occupancy, developer extension
eements, landscaping plan approvals, clearing and grading permits, storm
drainage construction plans and design of individual facilities, other studies,
programs and plans required under this Agreement, right-of-way permits, and
any amendments to, or repealing of, any of the foregoing.
• 10
5.2 Govern ine Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
5.3 Amendment: Modifications. Any amendment to this Agreement must be approved
by: (a) the City; (b) 1 and any owner of any portion of the Property.
Notwithstanding the foregoing, the Director of Community and Economic
Development ("Director") may administratively approve minor modifications, as
determined by the Director, to Development Standards. The following review
procedures shall apply to project actions,
18
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Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
5.3.1 Projects or actions consistent with the approved Master Development Plan shall
be subject to a Type 1 Administrative Review. This includes, but is not
limited to:
a. Adjustments to the location of buildings consistent with exterior setbacks
and the provisions of the approved Master Development Plan;
b. Adjustments to the height of buildings consistent with exterior setbacks
and the provisions of the approved Master Development Plan;
c. Adjustments to the proposed square footage of buildings that do not
require additional traffic mitigation;
d. Changes to the Phasing Plan consistent with approved Mitigation Plans
and the approved Master Development Plan;
e. Detailed building plans consistent with the approved Master Development
Plan;
f. Detailed landscaping plans prepared in consultation with the Barge -
Chestnut Neighborhood Association consistent with the approved Master
Development Plan;
g. Detailed utility plans consistent with the approved Master Development
Plan; and
h. The consolidation of lots or lot line adjustments,
5.3.2 Projects or actions that do not substantially differ from the approved Master
Development Plan, as determined by the Director, shall be considered Minor
Amendments and will be subject to a Type 2 Administrative Review. Minor
amendments shall include:
a. Adjustments to the location of buildings, proposed in consultation with
and agreed to in writing by the Barge -Chestnut Neighborhood
Association's President, which require modifications to approved exterior
setbacks;
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Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
b. Minor modifications to the height of buildings greater than the approved
not to exceed levels, proposed in consultation with and agreed to by the
Barge -Chestnut Neighborhood Association;
c. Revisions to the Phasing Plan that require minor modifications to
approved Mitigation Plans;
d. New structures or additions to existing structures that do not extend
construction beyond approved exterior setbacks, or make construction
higher in elevation than is approved under the Master Development Plan;
e. The addition of more parking spaces for projects contemplated by the
Master Development Plan, provided the additional parking spaces do not
extend beyond approved exterior setbacks;
fA waiver of a development standard or Master Development Plan
condition where the proposal does not go beyond the minimum necessary
to afford relief, and the change will not be materially detrimental to the
public or injurious to property or improvements in the vicinity of the
institution.
5.3.3 Projects or actions not contemplated in the approved Master Development
Plan may be considered Major Amendments and subject to a Type 3 review,
Major amendments may include:
a. Modifications to the proposed square footage of buildings that require
additional traffic mitigation;
b. New structures, or additions to an existing structure, or additional parking
spaces, that do not meet criteria of Type (2) review above;
c. Any expansion of the boundaries established by the approved Master
Development Plan;
d. All other changes to the approved Master Development Plan which, in the
opinion of the Administrative Official represent a sub tial change to the
design, impacts, character or functional nature of the project.
5.4 d' on u
• Enfo erne
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Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
5.4.1 Binding Agreement, This Agreement shall be binding upon and inure to the
benefit of the parties, their successors and assigns.
5.4.2 Assignment. YVMH shall have the right to assign or transfer all or any
portion of the respective interests, rights or obligations under this Agreement
or in the Property to other parties acquiring an interest or estate in all or any
portion of the Property, including transfer of all interests through foreclosure
(judicial or nonjudicial) or by deed in lieu of foreclosure. Consent by the City
shall not be required for any transfer of rights pursuant to this Agreement.
Upon the transfer under this section, the transferee shall be entitled to all
interests and rights and be subject to all obligations under this Agreement as
to the property transferred, and YVMH shall be rel ed of liability as to the
property transferred.
5.4.3 Enforcement of Agreement. The City and YV 1 Balmelli, and McLean,
so long as they own any portion of the Property, may enforce the terms and
conditions of this Agreement.
5.5 Recording. Pursuant to RCW 36.70B.190, this Agreement shall be recorded with the
Yakima County Auditor and during the term of this Agreement shall be binding on
the parties, their successors and assigns.
5.6 Interpretation. The parties intend this Agreement to be interpreted to the full extent
authorized by law as an exercise of the City's authority to enter into such agreements,
and this Agreement shall be construed to reserve to Yakima only that police power
authority which is prohibited by law from being subject to a mutual : eement with
consideration.
5.7 Severabilitv. If any provisions of this Agreement are determined to be unenforceable
or invalid by a court of law, then this Agreement shall thereafter be modified to
implement the intent of the parties to the maximum extent allowable under law. If a
court finds unenforceability or invalidity of any portion of this Agreement, the parties
agree to seek diligently to modify the Agreement consistent with the court decision,
and no party shall undertake any actions inconsistent with the intent of this
Agreement until the modification to this Agreement has been completed. If the
parties do not mutually i ee to modifications within forty-five (45) days after the
court ruling, then either party may initiate the dispute resolution pr. —Ings in
21
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
Section 5.14 for determination of the modifications which implement the intent of
this Agreement and the court decision.
5.8 Authority. The City and YVMH each represent and warrant it has the respective
power and authority, and is duly authorized to execute, deliver and perform its
obligations under this Agreement.
5.9 Attachments. Attachments "A" through " "are incorporated in the Agreement by
this reference as if fully set forth.
5.10 Headings. The headings in this Agreement are inserted for reference only and shall
not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreenient.
5.11 Time Is of the Essence. Time is of the essence of this Agreement and every
provision hereof. Unless otherwise set forth in this Agreement, the reference to
"days" shall mean calendar days. If any time for action occurs on a weekend or legal
holiday, then the time period shall be extended automatically to the next business day.
5.12 Intearation. This Agreement and the Exhibits attached hereto, which are
incorporated herein by reference, represent the entire agreement of the parties. That
are no other agreements, oral or written, except as expressly set forth in this
Agreement.
5.13 Disputes; Default and Remedies.
5.13.1 Dispute Resolution. In the event of any dispute relating to this Agreement,
all parties upon the request of any other party shall meet within seven (7) days
of the request to seek in good faith to resolve the dispute. The City shall send
the appropriate department director and persons with information relating to
the dispute, and YVMH shall send an owner's representative and any
consultant or other person with technical information or expertise related to
the dispute.
5.13.2 Mediation. It is the intent of the parties to resolve disagreements in a timely
manner without litigation, if possible. In the event the parties fail are unable
to reach agreement on a disputed issue, they may select an independent third
party to serve as a mediator.
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August 2, 2010
5.13.2 Default and Remedies. No party shall be in default under this Agreement
unless it has failed to perform under this Agreement for a period of thirty (30)
days after written notice of default from any other party. Each notice of
default shall specify the nature of the alleged default and the manner in which
the default may be cured satisfactorily, If the nature of the alleged default is
such that it cannot be reasonably cured within the thirty (30) day period, then
commencement of the cure within such time period and the diligent
prosecution to completion of the cure shall be deemed a cure. Any party not
in default under this Agreement shall have all rights and remedies provided by
law including without limitation injunctive relief, damages, specific
performance or writs to compel performance or require action consistent with
this Agreement.
5.13.3 Jurisdiction and Venue. This Agreement shall be construed in accordance
with the laws of the State of Washington, and venue shall lie in Yakima
County Superior Court,
5.14 No Third Party Beneficiary. This Agreement is made and entered into for the sole
protection and benefit of the parties, their successors and assigns. No other person
shall have any right of action based upon any provision of this Agreement.
5.15 Internretation. This Agreement has been reviewed and revised by legal counsel for
all parties and no presumption or rule that ambiguity shall be construed against the
party drafting the document shall apply to the interpretation or enforcement of this
Agreement.
5.16 Notice. All communications, notices and demands of any kind which a party under
this Agreement requires or desires to give to any other party shall be in writing and
either (i) delivered personally, (ii) sent by facsimile transmission with an additional
copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage
prepaid, return receipt requested, and addressed as follows:
lf to
Attn:
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Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
Telephone:
Facsimile:
With a copy to:
Velikanje Halverson, P.C.
Michael F. Shinn
P.O. Box 22550
405 E. Lincoln Avenue
Yakima, WA 98907
Telephone: 509 248-6030
Facsimile: 509 453-6880
If to the City:
CITY OF YAKIMA
Director of Community and Economic Development
129 N. 2nd Street
Yakima WA 98901
With a copy to:
CITY OF Y
City Clerk
129 N. 2nd Street
Yakima, WA 98901
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail,
notice shall be deemed delivered 72 hours after deposited. Any party at any time by written
notice to the other party may designate a different address or person to which such notice or
communication shall be given.
5,17 Cooperation. The parties shall not unreasonably withhold requests for information,
approvals or consents provided for in this Agreement, The parties agree to take
further actions and execute further documents, either jointly or within their respective
powers and authority, to implement the intent of this Agreement. The City agrees to
work cooperatively with YVMH to achieve the mutually agreeable goals as set forth
in this Agreement, subject to the City's independent exercise of judgment.
5.18 Notice to Barge -Chestnut Neighborhood Association. YVMH agrees to use best
efforts to keep the Barge -Chestnut Neighborhood Association apprised of
24
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1NDpC
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
applications, filings, meetings, hearings, decisions, and appeals regarding the Master
Development Plan and this Development Agreement.
5.19 Delays. If either party is delayed in the performance of its obligations under this
Agreement due to force majeure, then performance of those obligations shall be
excused for the period of delay.
25
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MIDIEX
,,.,.,. _.. r.:..3
7,
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
IN WITNESS WHEREOF, this Agreement has been entered into between the City of Yakima
and Yakima Valley Memorial Hospital as of the day of , 2010.
YAKIMA VALLEY 1 MORIAL HOSPITAL
ASSOCIATION, a Washington non-profit corporation
By:
Its:
CITY OF YAKIMA, a Political
Subdivision of the State of Washington
By: , Mayor
APPROVED AS TO FORM:
By: Jeffrey R. Cutter, City Attorney
26
DOC.
1Notax
# —
STATE OF WASHINGTON
)ss.
County of Yakima
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
I certify that I know or have satisfactory evidence that , is the person
who appeared before me and is the of Yakima Valley Memo 1 Hospital
Association, the corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that (s)he is authorized to execute the same
instrument on behalf of the corporation.
Given under my hand and official seal this day of , 2010.
STATE OF WAS
County of Yakima
11
GTON
)ss.
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission Expires:
I certify that I know or have satisfactory evidence that , is the person who
appeared before me and is the Mayor of The City of Ya ta, the municipality that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he
is authorized to execute the same instrument on behalf of the municipality.
Given under my hand and official seal this day of , 2010.
27
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission Expires:
DOC
INDEX
ist of Attachments
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
Attachment A: Parcel Numbers and Legal Descriptions
Attachment B: Map
Attachment C: Narrative Description and Planning Objectives
Attachment D: Campus Boundary Map
Attachment E: Site Plan
Attachment F: Existing Buildings
Attachment G: Proposed Buildings and Additions
Attachment H: Proposed Phasing Plan
Attachment I: ?
Attachment .1: Building Setbacks
Attachment K: Landscaping Plan
Attachment L: Parking Plan
Attachment M: Conceptual Street Vacation Drawings
Attachment N:
Attachment 0:
Attachment P:
Attachment Q:
Attachment R:
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NT "A"
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
Master Development Plan Application
Parcel Numbers and Legal Descriptions
8/26/09
The following is a listing of all properties included within the boundaries of the proposed
er Development Plan. All parcels and associated improvements are owned by Yakima
Valley Memorial Hospital unless otherwise noted.
Parcel Summary
181323-33004
181323-33024
181323-33028
181323-33032
181323-33033
181323-33034
181323-33035
181323-33413
181323-33414
181323-33415
Descriptions
181323-33416
181323-33417
181323-33418
181323-33426
181323-33429
181323-33430
181323-33432
181323-33435
181323-33437
181323-33438
181323-33442 181323-33455 181323-33480
181323-33445 181323-33456 181323-33487
181323-33446 181323-33457 181323-33488
181323-33447 181323-33465 181323-33489
181323-33449 181323-33473 181323-33492
181323-33450 181323-33474 181323-33508
181323-33451 181323-33475 181323-33509
181323-33452 181323-33477 181323-33510
181323-33453 181323-33478 181323-34447
181323-33454 181323-33479 181323-34539
Lots 7 through 14, GRANDVIEW SUB ' AN HOMES, as recorded in Volume "H' of Plats,
page 15, records of Yakima County, Washington.
Assessor's Parcel Nos. 181323-33473, 33474, 33475, 33477, 33478, 33479, 33480, & 33492
Lot 3, DeFOE QUARTER ACRES, as recorded in Volume "H" of Plats, page 2, records of Yakima
County, Washington.
Assessor's Parcel No. 181323-33465
Lot 11 and Lot 12, GRANDVIEW HALF -ACRE TRACTS, as recorded in Volume "G" of Plats,
page 12, records of Yakima County, Washington.
Assessor's Parcel Nos.: 181323-33413, 33414, 33415, 33416, 33417 & 33418
29
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
Lots 1 through 11, Block 3, TIETON TE ' • CE ADDITION, as recorded in Volume "G" of Plats,
page 34, records of Yakima County, Washington.
Assessor's Parcel Nos. 181323-34447 & 34539
The Southeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 23, Township 13 North, Range
18, E. W. M. ;
EXCEPT the South 30 feet thereof for Tieton Drive,
Assessor's Parcel No. 181323-33028
That portion of the Southwest 1/4 of the Southeast 1/4 of the Southwest '4 of Section 23, Township 13
North,' e 18, E.W.M., described as follows:
BEGINNING at a point 33 feet East and 30 feet North of the Southwest corner of the Southwest 1/4
of the Southeast TA of the Southwest 1/4 of said Section, being the intersection of the East line of 28th
Avenue South and the North line of Tieton Drive; thence North 0°37 1/2' West along the East line
of said Avenue 195 feet; thence South 89°11' East 130.6 feet, more or less, to the Northwest corner
of the tract of land conveyed to Nicholas A. Gilman and wife, by deed recorded October 28, 1938,
under Auditor's File No. 829963, records of Y: 't a County, Washington; thence South along the
West line of said Gilman tract 195 feet to the North line of Tieton Drive; thence West along the
North line of said Tieton Drive to the point of beginning;
EXCEPT the 72.5 feet thereof
Assessor's Parcel No.: 181323-34032
That portion of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 13
North, ' : ge 18, E.W.M., described as follows:
The East 72.5 feet of the following described tract:
BEGINNING at a point 33 feet East and 30 feet North of the Southwest comer of the Southwest 1/4
of the Southeast 1/4 of the Southwest 1/4 of said Section, being the intersection of the East line of 28th
Avenue South and the North line of Tieton Drive; thence North 0°37 1/2' West along the East line
of said Avenue 195 feet; thence South 89°11' • 130.6 feet, more or less, to the Northwest corner
of the tract of land conveyed to Nicholas A. Gilman and wife, by deed recorded October 28, 1938,
under Auditor's File No. 829963, records of Yakima County, Washington; thence South along the
West line of said Gilman tract 195 feet to the North line of Tieton Drive; thence West along the
North line of said Tieton Drive to the point of beginning.
Assessor's Parcel No.: 181323-34033
That portion of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 13
North, ' . ge 18, E.W.M., described as follows:
BEGINNING at a point 30 feet North and 225 feet East of the Southwest corner of the Southeast 1/4
of the Southwest 1/4 of said Section; thence North 150 feet to the Southwest corner of Lot 1, Block 3,
30
DOC,
INDEX
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
flE,TON 'th ' ' CE ADDITION, as recorded in Volume "G" of Plats, page 34, records of Yakima
County, Washington, and continuing North along the West line of said Lot, a distance of 45 feet;
thence West 62 feet; thence South 195 feet; thence East along a line parallel with and 30 feet North
of the South line of said Section 23, a distance of 62 feet to the point ofbeginning.
Assessor 's Parcel No.: 181323-34034
That portion of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 13
North, ' . ge 18, E.W.M., described as follows:
BEGINNING at a point 30 feet North and 320 feet East of the Southwest corner of the Southwest 1/4
of the Southeast 1/4 of the Southwest 1/4 of said Section; thence West 95 feet; thence North 150 feet;
thence East 101.14 feet; thence South 105 feet; thence Southwesterly to the point of beginning.
Assessor's Parcel No.: 181323-34035
The East 1/4 of the North 65 feet of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the
Southwest 'A of Section 23, Township 13 North, Range 18, E.W.M.;
EXCEPT the , 20 feet thereof for street.
Assessor 's Parcel No.: 181323-33004
That portion of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 23, Township
13 North, Range 18, E.W.M., described as follows:
The North 63 feet of the South 93 feet of the East 143.4 feet of the West '/2 of the Southwest 1/4 of
the Southwest 1/4 of the Southwest 1/4 of said Section;
EXCEPT the East 25 feet thereof for street;
EXCEPT that portion conveyed to the City of Yakima by deed recorded under Auditor's File Nos.
2943043 and 2958793.
The East 143.4 feet of the North 63 feet of the South 156 feet of the West 1/2 of the Southwest 1/4 of
the Southwest 1/4 of the Southwest 1/4 of said Section;
EXCEPT the East 25 feet thereof.
The North 124 feet of the South 280 feet of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of
the Southwest 1/4 of said Section;
EXCEPT the West 186.44 feet; and
EXC ' the East 25 feet thereof
Assessor 's Parcel No.: 181323-33024
Lots 1 through 22, NEILANS 1 MORIAL HEIGHTS, as recorded in Volume "N" of Plats, page
25, records of Yakima County, Washington.
Assessor's Parcel Nos.: 181323-33487, 33488, 33489, 33490, 33508 & 33509
31
DOC.
INDEX
Yakima Valley Memorial Hospital
Draft Development Agreement
August 2, 2010
Note: Assessor's Parcels 181323-33508 and 181323-33509 are owned by the Yakima Valley
Memorial Hospital, but the improvements are owned by Yakima Valley Suhsidiary, LLC
Lots 2 through 18, NOB HILL ORCHARD HEIGHTS ADJOINING NORTH Y I as
recorded in Volume "E" of Plats, page 12, records of Y: County, Washington.
Assessor's Parcel Nos.: 181323-33426, 33429, 33430, 33432, 33435, 33437, 33438, 33442, 33445,
33446, 33447, 33449, 33450, 33451, 33452, 33453, 33454, 33455, 33456, 33457 & 33510.
Note: The North 9 feet of the West % of Lot 16 and the West 't of Lot 17, NOB HILL
ORCHARD HEIGHTS ADJOINING NORTH YAK , as recoin Volume "E" of
page 12, records of Yakima County, Washington, Assessor's Parcel No. 181323-33455, is ow
by Mr. Mike t i mai.
Note: The West 34 of Lot 18, NOB 1 OR ' 1 HEIG ADJOINING NORTH
Y ,' 1 as recorded in Volume "E" of s, page 12, records of Yakima County, Washington,
Assessor's Parcel No. 181323-33456, is owned by '>mas and Deborah McLean.
32
DOC.
June 28, 2010
Barge -Chestnut Neighborhood Association
City of Yakima Planning Division
129 N. 2" Street
Yakima, WA 98901
Attention Jeff Peters
For a Safe, Viable and Historic Neighborhood
CITY OF YAKIMA—
CODE ADMIN.DivON
JUN 2 8 2010
:1 REC'VD FAXED
PAT _
The Barge -Chestnut Neighborhood Association supports the general concept of the Memorial Hospital
Draft Environmental Impact Study as it relates their plan for the proposed expansion. Our Land Use
Committee chairman has reviewed the DEIS and feels the proposal is in line with what has been
discu d between the BCNA and Memorial Hospital as it relates to that area of interest. Therefore, we
are in support of the hospital's land use proposal.
However, there are concerns with the information contained in the Transpo Group Report and the
Kittleson report, both of which are included in the DEIS, as they relate to traffic mitigation. This overall
report actually supports the BCNA position when it comes to concerns about excessive traffic in the
neighborhood. We question the traffic mitigation proposals listed in the reports to address this
increased traffic.
The Transpo Group Report and the Kittleson report suggest traffic mitigation measures that include
traffic lights and turn lanes along Summitview Avenue at several streets that enter the Barge -Chestnut
neighborhood from the north, as well as traffic lights along Tieton Drive on streets entering from the
south. We feel the suggested mitigation will be unnecessary for the following reasons:
1. The hospital closed campus plan requires traffic to enter their complex only from the south at Tieton
Drive and 28th Avenue. To reach this entrance, traffic from the north side of Yakima will need to use
major arterials such as 16th and 40th Avenues, turning on Tieton to reach 28th Avenue and the
hospital entrance consistent with the traffic flow principles outlined in the Yakima Urban Area
Comprehensive Plan.
2. The mitigation suggested in the reports show a concern that some traffic will attempt to cut through
the neighborhood rather than use the major arterials. The Barge -Chestnut Neighborhood Association
agrees with this concern and has completed a comprehensive traffic -calming plan designed to reduce
traffic speeds and discourage cut -through traffic. This plan was developed in collaboration with Yakima
Valley Memorial Hospital and has received the approval of residents in the neighborhood. We have
followed the City of Yakima's process for obtaining approval to implement our plan. The City has
designated funds for its implementation
Based on this information, the BCNA believes that when the proposed traffic calming plan is combined
with the hospital's closed campus plan, the traffic mitigations suggested by the Transpo Group Report,
and referenced by the Kittleson report, are no longer warranted. We have met with lim Aberle from
YVMH to discuss these concerns and he is in agreement with our assessment.
In addition, the suggested mitigation measures presented in the report run counter to the stated City
policy in the Yakima Urban Area Comprehensive Plan in which the City lays out its plan to protect
BCNA • c/o 211 S. 24th Avenue • Yakima, WA 98902 DOC.
INDEX
neighborhoods from cut -through traffic. Any traffic lights or left turn lanes placed along Summitview
Avenue or Tieton Drive, other than the entrance at 28th and Tieton Drive, is an open invitation to
traffic to cut through this historic neighborhood.
Therefore, the BCNA would like to have assurances that the traffic mitigation listed in the Transpo
Group Report, as well as the Kittleson report, will not be included in the final EIS, or in some other way
would be made null and void and that the proposed traffic -calming plan be given greater emphasis in
the final EIS. This is critical as the original mitigation measures proposed in the reports would actually
cause an increase in cut -through and would be a detriment to the neighborhood rather than being
beneficial.
Some of the mitigations suggested are for a period 15-20 years from now. We hope to have the issue
settled at this time so we do not have to revisit these concerns again in the future.
Thank you for your consideration of our position on this matter.
Walt Ranta
President Barge -Chestnut Neighborhood Association
5 South 32nd Avenue
Yakima, WA 98902
(509) 452-6897
BCNA • c/o 211 S. 24th Avenue • Yakima, WA 98902
DOC,
# F
111;TANT:111:.:;\-7. 01: (-(111:111!;VOT ,{,.\ *1) !WON( )M 'EL
Eve Draper
2705 West Walnut Street
Yakima, WA 98902
Dear Ms Draper:
Thank you for your letter commenting on the Draft Environmental Impact Statement for
the Master Development Plan proposed by Yakima Valley Memorial Hospital.
The City shares your interest in maintaining your safe, quiet neighborhood, and can
appreciate your specific concerns regarding traffic on West Walnut Avenue between 27th
and 28th Avenues. We have been working with Yakima Valley Memorial Hospital and
representatives of the Barge -Chestnut Chestnut Neighborhood Association to design and
implement a separate traffic calming plan which introduces several traffic calming
measures which are expected to address some of your identified concerns. However the
most important measure that is being undertaken is the installation of a traffic diverter at
the intersection of S 28th Avenue and W Walnut Avenue which is a condition of the
Environmental Impact Statement (EIS) for YVMH. The diverter is being designed to
slow traffic on West Walnut. As a result, we do not anticipate that speed bumps will be
required. However, once the diverter is in place the intersection will be reevaluated and
adjustments made if necessary.
In regard to the parking situation, it is a condition of the EIS that upon completion of the
proposed new parking facilities, YVMH will notify its employees that parking on City
Streets is not permitted and the hospital will conduct periodic inspections to ensure
compliance. We hope that the above measures address your concerns. We greatly
appreciate your interest in this project and taking the time to provide us your comments.
Sincerely yours,
Michael A Morales
Director of Community & Economic Development
SEPA Responsible Official
CC: Jim Aberle, YVMH & Walt Randa, President BCNA
8 201C,
CITY OF YAKIMA
PLANNING OV
Public Comment on The Master Planned Development -Memorial Hospital Campus
Michael A. Morales
Director of Community and Economic Development
129 N. 2nd Street
Yakima, WA 98901
• Serious thought should be given regarding necessary placement of Traffic Calming Devices
(speed bumps) on Walnut Avenue between 28th and 27th Avenues.
• This as a result of the planned change in traffic flow southbound on 28th Avenue and east onto
Walnut Avenue.
• Hospital employees park on Walnut Avenue between 27th and 28th. Right now, with that
third lane of parked cars two way traffic during those parking periods is not feasible.
Coupled with the new diversion, will be the impatience of drivers to get around the area.
(1 witness this already, as I live directly in the middle of the block and drivers waste no time coming
down the street. Trying to back out of my driveway, or when there are workman needing access to
the driveway is a real challenge).
Please give serious consideration to this, in the effort to maintain our quiet, safe neighborhood
in the midst of Memorial's major development.
Eve Draper
2705 West Walnut St.
Yakima, WA 98902
DOC.
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#
•
//EPA RTM ENT OF COMMUNITY ANI) ECONOMIC DEVELOPMENT
July 21, 2010
Hasan M. Tahat, Ph.D.
Engineering and Planning Division Supervisor
Yakima Regional Clean Air Agency
329 N. 1st Street
Yakima, WA 98901
Dear Mr. Tahat,
Thank you for your letter dated June 2, 2010, regarding the DEIS issued for the Master
Development Plan proposed by Yakima Valley Memorial Hospital.
We share a common interest in protecting the air quality in our community. As noted in
the DEIS, the City will require that prior to the initiation of each phase, that YVMH
prepare and submit for your agencies review and approval a dust control plan to
minimize potential particulate emissions. Additionally, YVMH has agreed to explore,
prior to the implementation of each phase, measures that can be implemented to reduce
potential impacts to air quality. These provisions will be included in the Development
Agreement that is executed in conjunction with the approval of the proposed Master
Development Plan.
Your interest and support of this project is greatly appreciated.
Sincerely.
Michael Morales
Director of Community & Economic Development
SEPA Responsible Official
CC: Jim Aberle
YAKIMA REGIONAL
June 2, 2010
AGENCY
Mr. Michael A. Morales
Director of Community & Economical Development
City of Yakima
129 North Second Street, 2nd Floor
Yakima, WA 98901
RE: SEPA #028-09 – Yakima Valley Memorial Hospital
Dear Mr. Morales:
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1•NiN11,q; "
',14-2030 Fax: (509) 8.3'4-2060
Ifebsite: IlItp://'''d'u/inutf'1IuhJIr.org
Thank you for providing the Yakima Regional Clean Air Agency (YRCAA) the opportunity to review
and comment on SEPA #028-09 — Proposal for environmental and land use review of YVMH
Institutional Overlay and Master Planned Development application which will, if approved, direct
development of the subject property over the next thirty years.
Following review YRCAA has the following comment(s):
I. We understand that the document is large. However, YRCAA requests a copy of the Draft
Environmental Impact Statement (DEIS) or at minimum in a CD format. If CD format is not
available, the proponent should make it available. It will take hours to review the DEIS. Thus, it
is very impractical to take time to go the City Hall and or the Library during working hours to
review it, to provide any comment we may have. Thus, please provide our office with a copy of
the DEIS.
Thank you for the opportunity to connect with the city's continued support -in -protecting the air quality
in Yakima County.
Best regards.
Flasan M. Tahat (Ph.D.
Engineering and Planning Division Supervisor
Cc: File
DOC.
INDEX
DEPARTMENT OF COMMUNITY AND ECONOMIC 1)'/ELOPMENT
January 19. 2010
Mr. Santamaria
697 Reef Circle
Port Hueneme, CA 93041
Re: Yakima Memorial Hospital SEPA #028-09,
Dear Mr. Santamaria:
Thank you for your letter in response to the scoping notice for the Environmental Impact
Statement for the proposed Yakima Valley Memorial Hospital ( 1 Master
Development Plan. The City of Yakima Planning staff has noted your comments,
and identified them as being project specific, relating to operation and project
design, and not significant environmental issues.
Although your comments will not be addressed in the EIS, City staff will include
your comments during the preparation of the of the applicant's required
Development Agreement.
In addition, City staff forwarded your letter on to YVMH. As a result, the hospital
has provided the City with the attached letter responding to many of your questions
and concerns. Please note that this letter is not a product of the City of Yakima and
clearly reflects the proposal by YVMH.
I hope the above and attached information has fully answered your questions. In the
event that your questions are not completely answered or should you have further
questions please feel free to contact Jeff Peters, Associate Planner at 509-575-6163 or
myself at 509-576-6417.
Very truly yours,
.lpin Davenport
City of Yakima
Planning M
e
CC: Jim Aberle
DOC.
INDEX
#
January 11, 2010
Joan Davenport
Planning Division Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Dear Joan:
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Thank you for providing us with a copy of the letter written by Mr. Santamaria regarding the scope of
the Environmental Impact Statement for the proposed Yakima Valley Memorial Hospital Master
Development Plan. We found his letter to be very thoughtful and comprehensive and while it raised a
number of issues that extend beyond a determination of the scope of the environmental impact
statement that will be prepared; we thought it would be appropriate to provide a more detailed
response for you to share with Mr. Santamaria. As you know, we have greatly appreciated the interest
and support of the Barge -Chestnut Neighborhood Association (BCNA) and hope that through our
collective efforts that we have designed a Master Development PIan that will protect the character of
the Barge -Chestnut Neighborhood while enabling the Hospital to continue to provide quality health care
services. The Master Development Plan will be implemented over a 30 -year period so we don't have
answers to all of the questions that Mr. Santamaria raised at this point, but hopefully the following
information will serve to answer many of them.
Mr. Santamaria asked several questions about the number of employees and parking. Currently YVMH
has approximately 2,300 employees, of which approximately 1,700 work on the main campus and the
balance work at other facilities operated by YVMH throughout the greater Yakima area. It is estimated
that at the end of Phase 2 of the implementation of the YVMH Master Development Plan that there will
be approximately 1,970 employees working on the main campus. It is further estimated that at the end
of Phase 3 there will be approximately 2,250 working on the main campus, 2,600 at the end of Phase 4,
and approximately 3,000 at build out at the end of Phase 5 which may occur around the year 2040. As
you know, YVMH has volunteered to enter into a written agreement with the City to limit parking by
YVMH employees, patients, visitors, and guests to parking provided on our campus. We have attached a
copy of a preliminary traffic study that was prepared that confirms that we have included in our plans
sufficient parking in conjunction with each phase of implementation. As you will note, the standards for
calculating parking requirements are based on national experiences for similar types of facilities and are
expressed in terms of parking stalls per square footage of proposed uses. At this point it appears that we
have included in our plans more parking than will be needed, but we are studying this further in the
Environmental Impact statement.
With respect to the questions that were raised about the parking structureswe haven't designed the
buildings yet, so |'m afraid | can't provide many insights at this point, other than to note that our
architects for this project, KDF Architecture from Yakima, specialize in the design of campus type
environments and are very familiar with dark sky principles. We have also retained a landscape
architecture firm, the Berger Partnership, to work with the BCNA to make sure that the landscaping plan
provides the desired levels of screening throughout the implementation of the Master Development
Plan. The first phase of implementing the Master Development Plan is dedicated to preparing the
campus for the subsequent phases of develop and therefore will include implementing the
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landscaping plan so that the trees and shrubs have a chance to mature. The Master Development Plan
also establishes a not -to -exceed height for each building as well as a minimum building setback from the
exterior property lines, so that there will be some certainty for all parties involved.
Mr. Santamaria also asked a number of questions about road maintenance and parking enforcement
activities on- and off -campus. This is an area that is still under joint review by YVMH, the City, and BCNA
but there are several insights that | can provide that may be relevant to his questions. One of the key
features of the proposed Master Development Plan is fixing the boundaries of the Hospital Campus. This
will result in the closure of S 28m, S 29th, and S 30th Streets to through traffic and the redirecting of
access to the Campus through entrances off of Tieton Drive. While it is our goal to eliminate vehicles
from traveling through the Barge -Chestnut Neighborhood when trying to access the Hospital Campus,
we do not want to eliminate opportunities for pedestrians and bicyclists from accessing the campus at
appropriate neighborhood locations. Several neighboring residents have indicated a desire to use the
walking trails that will be incorporated into the perimeter landscaping for exercise and we want to
support employees who want to ride their bikes to work. As a result, we are working with the Landscape
Committee of the BCNA to determine the number and location of pedestrian access points.
Furthermore, in our effort to be supportive, we don't want to inadvertently create attractive
opportunities for visitors to the hospital to park on neighborhood streets and walk through a pedestrian
entrance in lieu of parking in a parking garage on campus. As you know, we are committed to exploring
strategies with the City to manage parking on City streets near the hospital. This may include limiting the
time periods for on -street parking or perhaps utilizing a permit system that would enable residents and
their guests to park on neighborhood streets but not visitors to the Hospital.
With respect to road maintenance, YVMH will be responsible for maintaining facilities owned and
operated by the Hospital and that the City will be responsible for maintaining City -owned streets. There
are however, still many details that need to be addressed and the final outcome may vary. For instance,
the streets within the campus will be owned by the City, but will be connected to parking facilities
owned and maintained by the Hospital, and access by emergency vehicles will be of critical concern, so
we are exploring the most cost effective way of providing snow removal. We are also exploring with
several of your neighbors and the City how best to design and maintain the street ends when S 29th and
S 30m are closed to vehicular traffic between W. Walnut Street and W. Chestnut Avenue.
Mr. 5antamaha also raised some questions about traffic access. | may have addressed some of these
matters previously, and it is important to note that an updated traffic analysis will be included in the EIS.
However, based on the preliminary analysis that has been conducted, we are anticipating that a traffic
signal and improvements will be required at the intersection of S 28th and Tieton Drive. In addition, we
will not be surprised if a second signal is required in later phases at the intersection of S 30th and Tieton
Drive. In the interim, there may also be restrictions that limit turning movements to right -in and right -
out at S 30th and Tieton Drive. We do not anticipate that a traffic signal will be required at S 27th or that
i8ht'uutat53«mandTietonDrke.VVednnotanticipatethatatraMicsiQna|vvi||bevequiredatS27morthat
improvements will be required at this intersection with Tieton Drive. With respect to ambulance
services, we don't anticipate that the relocation of the Helicopter Services to the airport will result in a
significant increase in the number of emergency trips to the Hospital campus. We haven't had any
discussions with the City regarding curtailing the use of sirens when on emergency runs, as such
measures are necessary in order to protect the public safety and to provide safe yet timely transit in
potentially life threatening circumstances.
With respect to the questions raised by Mr. Santamaria regarding storm drainage, a preliminary
RECefiugering analysis has been prepared to confirm that there is sufficient room on the campus to retain
JAN ;;i:
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INDEX
run off in accordance with City standards. On-site surface infiltration swales will be designed in
accordance with the Eastern Washington Storm Water Manual (EWSWM) prepared by the Washington
State Department of Ecology and the City of Yakima requirements. The EWSWM sets forth criteria for
the maximum drawdown time after cessation of flow for bio -infiltration swales as well as maximum
infiltration rates. Each surface infiltration swale will have a "freeboard" distance from the maximum
water surface to the top of the swale of from 0.5' to 1.0' depending upon location and topography.
Also, each surface infiltration swale will have an overflow inlet (within the swale) to a subsurface
As for water system improvementsMr. Santamaria's assumptions are correctall phases of construction
will conform to City standards for volume and fire pressures without adversely affecting the surrounding
neighborhood. At this point it appears that there is an adequate supply of water to the campus, but
there may be a need to upgrade the size of a segment of main serving the campus and/or a new intertie
between mains in order maintain adequate pressures for fire flows, in accordance with the provisions of
the City's Comprehensive Water PIan, but that remains to be determined.
Finally, with respect to the hours of construction, as you know all activities will be conducted in
accordance with the provisions of the Yakima Municipal Code.
In closing, we hope that you'll share this letter with Mr. Santamaria and please don't hesitate to give
him my name and number if he has any follow-up questions that he'd like to ask. In addition, I'd be
happy to meet with him the next time he is in town.
I look forward to our continued work together as the Campus Master Plan moves toward approval.
Sincerely,
// Jim Abede,Vice Preddent/C|O
Yakima Valley Memorial Hospital
2O1lTietonDrive
Yakima, WA 98902
RECEIVED
of:
November 28, 2009
Ms. Joan Davenport
Planning Manager, City of Yakima
129 N. 2nd Street
Yakima, WA 98901
j
RE: SEPA #028-09
Dear Ms. Davenport:
Thank you for the opportunity to comment on the Yakima Valley Memorial
Hospital SEPA #028-09.
In July 2009 I purchased a home on Palatine Avenue and therefore did not
participate in the previous meetings or sharing of information for this project. The
fact that the Barge -Chestnut Neighborhood Association was included in the
planning process was very good for data input. The data provided for review was
extensive and with sufficient detail for a reviewer to determine the goals and
objectives of the project.
I appreciate that the project's boundaries will be established and that the project
includes phasing plans.
It is stated that there will be an increase in facility square footage and that there
are currently 14,300 patients/year being served by 2,300 employees and 460
volunteers. Has there been an estimate made as to the number of people who
will be served by the hospital in each phase of the project? How many more
employees will be assigned to the campus? What ratio of passengers/vehicle
was used to determine the need for the additional parking structures? What are
the anticipated hours of construction? Will work on Saturday be allowed?
What is the parking capacity for the ambulances to discharge their patients on
the East side of the South Addition? How many helicopters landed/took off from
the hospital last year? Since the helicopter pad will not be in operation and there
may be an increase in patient services, what is the anticipated ambulance use by
patients/year? Daytime vs. Nighttime? Of this number, how many are estimated
to require the use of sirens? Is there a proposal to set the distance from the
hospital when the ambulances will turn off their sirens?
Page 12 states that the hospital may explore with the City strategies for
assuming responsibility for maintenance and enforcement activities on the
remaining portions of $ 28Ih, W Walnut and S 30Ih streets. What is implied by
enforcement activities? Will real-time security cameras be proposed to be
installed on the surrounding streets or on the campus? I would recommend that
the City maintain its roadways and that the hospital maintain its own facilities on
DOC.
INDEX
#
DEc
the campus. There may be conflicts in maintenance since Palatine would be I,1 2009
maintained by the City and S 28th would be maintained by the hospital. Jj ,
1.)111'
Page 13 addresses some parking mitigations. What is the proposed vehicle
height limit for entrance into the parking structures? Trucks allowed? Will the
screen walls be high enough to block truck headlight beams from shining unto
residences? Figure 10 shows what appears to be glass partitions on the bridge.
Will the parking structures be enclosed with glass or will the floors be open from
floor to ceiling? PG -1 (proposed to be constructed in the second phase) has five
levels (three underground) and which appears to have parking available on the
top level. Will it be possible for persons on the top level to peer down on the
homes across Walnut Street? Once the landscaping matures, this issue would
probably go away. Will employee parking be placed on the upper floors? It is
assumed that ADA access (elevators) will be incorporated into the parking
structures. Then, all operating elevator equipment installed should be placed or
contained in a location that will minimize operating noises at night from being
heard by the local residents.
Page 13 addresses pedestrian access. Figure 19 shows the five campus access
points. Is the intent of the closed campus to separate the staff/patients vehicular
access to the surrounding neighborhoods? It appears that residents and
staff/patients can still circulate throughout the area using the access points —
walking and bicycling. Correct? Will any measures be incorporated in case
patients/staff wish to park on 28th, 30th and Palatine Avenues north of the access
points and walk into the campus? This activity would impact the street parking in
the surrounding neighborhood.
Page 14 addresses open space, site screening and landscape standards. A
landscape plan will be incorporated to screen the campus from the surrounding
neighborhood. Since it takes time for bushes and trees to mature to effectively
produce this screening, it is hoped that the specifications call for large specimens
to be planted where they will not need to be relocated later due to other
construction work in other phases.
Page 17 addresses lighting issues. Using the "Dark Sky" principles, will lighting
on the upper floors of the parking structures still be visible by local residents?
Page 18 addresses storm drainage. Based on calculations, can it be determined
how long water will be retained in the surface infiltration swales? What is the
backup plan when the rainfall exceeds the 25 -year, 24-hour design storm and the
water can no longer be contained on the campus? As seen on the contour map,
the flow would appear to flow towards the south-easterly area.
Page 19 addresses domestic water. It is assumed that the water pressure and
volume provided to the surrounding neighborhood will meet the standards during
and after construction.
Doc
INDEX
Some further traffic items mentioned on page 4 include the possible installation
of a traffic signal on S 28th and Tieton (if the City agrees). Based on the
configuration of the project, traffic now can travel north using S 28th• In the future,
motorists wishing to do so, will need to travel north on S 27, west on Walnut and
then north again on S 28th. Besides the proposed widening on S 27th at the
intersection with Tieton, will the roadway on S 271h be widened; will parking be
restricted to handle the extra traffic if warranted? What impacts will occur on W.
Walnut? If a signal is installed at S 27th and Tieton, what will be the delay
activation timing for traffic traveling south on S 27th and making a left unto
Tieton?
I look forward to review the DEIS when it becomes available.
Sincerely,
Andres Santamaria
2704 Palatine Avenue
Yakima, WA 98902-3779
A67S@aol.com
Mailing Address:
697 Reef Circle
Port Hueneme, CA 93041
DOC.
•NDEX
To: Jeff Peters
From: Sarah Coffin
Date: October 26, 2010
Re: Memorial Hospital's Institutional Overlay/Planned Development and Right -of -Way
Vacation Applications
RECEIVED
OCT 2 8 2010
CITY OF YAKIMA
PLANNING DIV.
Within above stated applications is the Final Environmental Impact Statement that contains a
proposal to give consideration to installing stop lights at 24th Avenue & Summitview and 24th
Avenue and Tieton Drive. I am asking that the stop light option be removed from consideration
and replaced with other traffic calming plans.
Respectfully,
Sarah Coffin
406 South 24th Avenue
Yakima, WA 98902
Paul Nagle -McNaughton
211 S. 24th Avenue
c-0
V61 r <JAulr'
,ff
„L.. y •
One of the reasons I stand before you today is because back in 2005tMemorial Hospital
presented an earlier version of their Campus plan along with some environmental
impact information and potential mitigations.
One of the things that caught my attention was the mention of traffic signals on 24th
Avenue on Summitview and Tieton.
I used to live at 207 S. 31st Ave. When I lived on 31t in the early 1990s we raised issues
then regarding hospital related traffic and worked with the hospital to develop signage
and speed bumps to reduce the impact of this traffic on pedestrian safety, noise, and c
quality t. - of life.
The land where my home once stood on 5 31 is now a parking lot. In 2002, we
moved to a new home on S. 24th Ave to the hospipts,,erns.12943t that time. We
• e
were glad to fin a home that fit our family's need_because o the multi -generational
connections we had in the neighborhood. When we moved onto 24th we accepted the
fact that 24th was clearly going to be a higher traffic street than S. Vs' was. However,
•f',•-•
t h
you can understand why a proposal to place traffic signals on 24itcaught my attention.
If implemented these signals would result in additional cut -through traffic through our
neighborhood and in front of my new home.
ILL
• 0
This -proposal not only caught my attention, but the attention of many of us in o
historic neighborhood. The reason we have, what become the second I a_i_geiVI\
intact historic neighborhood on the west coast is because we don't have high traffit-4, 72'
north south arterials cutting through our neighborhood. High traffic streets divide
neighborhoods and create smaller sub -neighborhoods. Yakima has been fortunate to
avoid this7 {it.to pre-,(-cozek_vil t 0 Cx-,
In order to protect our neighborhood, I and a number of others here helped to
and develop the Barge -Chestnut Neighborhood Association. We have worked over the
years to build neighborhood relationships and create opportunities to partner with
representatives from YVMH and the City of Yakima to develop better plans for the
future of our neighborhood.
Memorial Hospital has listened to the concerns we shared regarding their original
campus plan. They have modified their original plan by moving buildings closer to the
core of their properties, building proposed parking structures into the groun duce
- IN
the final building heights, creating landscape buffers and greenscapes to create a
smoother transition between hospital and neighborhood, and moving off the campus
services that are not essential.
The BCNA also collaborated with the Hospital and City representatives to write the
intuitional overlay ordinance that made the presenting the hospital's plan today
possible. The option to develop a Campus Master Plan did not exist until the BCNA and
YVMH collaborated on developing this new approach to zoning and planning.
During this same time we also collaborated with the hospital to develop a
comprehensive traffic calming plan for our neighborhood to mitigate the traffic impacts
on our neighborhood that will be a direct result of closing the Memorial campus and
expanding buildings and services. The work on our traffic calming plan has been an
integral part of the Campus Master Planning process. The City has acknowledged the
integrated nature of our plans by delaying the implementation of our approved traffic
calming plan until this 0,6 process and Campus Master Plan have been approved.
Om. r-cv,e4,-) (1( S (II< • c
Unfortunately, as it turns out—and much to our diSappointment—the role our traffic
calming plan plays in the FEIS is a very limited one. As the hospital expands, our traffic
mitigation needs will change as hospital related traffic increases. This means our plan,
and subsequent adaptations or improvements to it, need to be included in potential
mitigating options throughout ALL phases of the campus master plan expansion.
One of the key things our neighbors have been keenly aware of since I lived on South''
31.st Avenue, is that a piec eal approach to traffic mitigation will not work. A minor fix c!',?:
on one street, simply**. the problem to another street. Our traffic calming plan was
intended to provide a comprehensive solution that improved safety, slowed traffic, and
reduced cut through traffic throughout our whole neighborhood.
c1/4 ct,v-c
Adding traffic signals on 24thAs exactly the kind of piecemeal, one street at a time
approach that we need to avoid if we are going to take historic preservation ,
neighborhood safety seriously. lixtshfll&47" 4%44,
Y4it'fr4' V‘ 12°1 tit,'"^ /04,- vpb..., ty
4 4-1--c
ifIAL 8 6,011 5
44111- 4141A-1/ • y
I understand the need, from a strictly traffic engineering standpoint, to consider all Pft
potential options when projecting possible impacts into the future. But to limit our
traffic calming plan to the first two phases of the hospital expansion undercuts our
efforts to create comprehensive neighborhood -wide solutions. If a viable, practical, and
affordable option exists to address traffic mitigation, such as our traffic calming plan,
then it too needs to be considered as a possible means of mitigation hospital related
traffic impacts across all five phases of the hospital's expansion. • -DOC.
Hearing Examiner
City of Yakima Council Chambers
129 N 2nd ST.
Yakima, WA 98901
RECEIVED
OCT 2 8 2010
CITY OF YAKIMA
PLANNING DIV.
RE: PD#001-09, OVR #001-09 and RWV #002-10
Dear Hearing Examiner and City Personnel
My name is Gary Forrest and I live at 3011 Barge St. in Yakima. I am a Board member of
the Barge -Chestnut Neighborhood Association and chairman of the BCNA Traffic
Committee.
As an association, we have worked closely and cooperatively with City staff and
Yakima Valley Memorial Hospital since 2005 on a variety of issues important to all of us;
neighborhood traffic calming, updating the Yakima Urban Area Comp Plan and
creating Institutional Overlay provisions within the Zoning ordinance. All three are
coming together in this hearing. Traffic calming addresses our very safety and quality of
life. The Yakima Urban Area Comp Plan lays out the goals, policies, and in a way
promises the City makes on a multitude topics that includes protection of
neighborhoods from cut -through traffic and building things next to each other in a way
that insures compatibility. The zoning ordinance now has Institutional overlay options
that give the Institution (like Memorial Hospital) a chance to come together with its
neighbors and the City, and create a long range plan for expansion that will give
predictability and a certain level of comfort knowing all foreseeable problems have
been addressed up front. This predictability and comfort is supposed to extend, also, to
the City and the institution's neighbors. I'm speaking for some of those neighbors. We
are not feeling the comfort nor do we like some of the things that are being predicted.
The issue surrounds table 6 in the FEIS and statements pertaining to said table. These
items marginalize the BCNA's traffic calming plan and severely limit what the City and
the Hospital are responsible for over the long term. The Hospital is getting 25 to 30 years
of a certain level of predictability. The neighborhood should have the same
predictability when it comes to traffic calming and not be chopped off after phase
two. The BCNA is being paid lip service for their concerns about cut through traffic and
the potential mitigation measures still on the table for N 24th Ave & Summitview and for
S 24th Ave & Tieton Drive intersections. The focus in the FEIS is on the congestion and
safety at the intersections in question and then hides behind 'state law and the EIS
process'. , if traffic happens to get bad enough that we must consider doing
something at these two intersections then we promise that we will do the full deal,
traffic analysis, design review, environmental review, public meetings and
comment etc.. At this point, the BCNA will have failed the property owners and
residents along 24th Ave. More traffic mitigation will have been needed long before
any discussion on stop lights would have been warranted. The 241h Ave. residents will
have been thrown to the wolves.
DOC.
INDEX
#
the final building heights, creating landscape buffers and greenscapes to create a
smoother transition between hospital and neighborhood, and moving off the camaus
services that are not essential. liECEIVED
The BCNA also collaborated with the Hospital and City representatives to write the,
intuitional overlay ordinance that made the presenting the hospital's plan today,IYIg‘riti:14;11111A
possible. The option to develop a Campus Master Plan did not exist until the BCNA and
YVMH collaborated on developing this new approach to zoning and planning.
During this same time we also collaborated with the hospital to develop a
comprehensive traffic calming plan for our neighborhood to mitigate the traffic impacts
on our neighborhood that will be a direct result of closing the Memorial campus and
expanding buildings and services. The work on our traffic calming plan has been an
integral part of the Campus Master Planning process. The City has acknowledged the
integrated nature of our plans by delaying the implementation of our approved traffic
calming plan until this 1":516 process and Campus Master Plan have been approved.
<v. 2-k46ti) Pkvc1(! 4 4
Unfortunately, as it turns out—and much to our d/is'appointment—the role our traffic
calming plan plays in the FEIS is a very limited one. As the hospital expands, our traffic
mitigation needs will change as hospital related traffic increases. This means our plan,
and subsequent adaptations or improvements to it, need to be included in potential
mitigating options throughout ALL phases of the campus master plan expansion.
One of the key things our neighbors have been keenly aware of since I lived on South
315' Avenue, is that a p)ecr eal approach to traffic mitigation will not work. A minor fix
on one street, simply*. the problem to another street. Our traffic calming plan was
intended to provide a comprehensive solution that improved safety, slowed traffic, and
reduced cut through traffic throughout our whole neighborhood.
co_ cA /14,fi
Adding traffic signals on 24thAs exactly the kind of piecemeal, one street at a time
approach that we need to avoid if we
neighborhood safety seriously. -11A‘
I understand the need, from a strictly
are going to take historic preservation and
„,, 4,, •
Yot /1,—, frzi v,rb..,
kir* 8 001 5 ief-kr if4,/"Ar
traffic engineering standpoint, to consider all
potential options when projecting possible impacts into the future. But to limit our
traffic calming plan to the first two phases of the hospital expansion undercuts our
efforts to create comprehensive neighborhood -wide solutions. If a viable, practical, and
affordable option exists to address traffic mitigation, such as our traffic calming plan,
then it too needs to be considered as a possible means of mitigation hospital related
traffic impacts across all five phases of the hospital's expansion. DOC.
INDEX
2
r/14(
Our traffic calming plan has been about preventing such a thing from happening. The
City is limiting the plans ability to do just that with the FEIS table 6 on page 46.The lead
sentences in Summary of Required Mitigation reads: 'The measures to mitigate potential
adverse impacts on traffic, parking, and storm water are limited to those measures
summarized in Table 6. Please note that no further traffic mitigation shall be required
and that the traffic studies included in the Appendix are for reference only and shall not
be used as the basis to require additional traffic mitigation measures." How is that for
telling us to 'back offRemember, it is much more cost effective to install traffic calming
devices than build million dollar signalized intersections.
The traffic on 24th Ave is excessive now because of cut -through. It is not from build out
in near by neighborhoods. They, like the BCNA area have been built out for years. It is
from the draw of YVMH which will only increase with their planned expansion and the
general growth in the Yakima area as well. Why do we have to sacrifice the standard
of living and property values along 24th Avenue? What has happened to the promise
and policies of the Yakima Urban Area Comp Plan to protect our neighborhoods? We
have some speed bumps and additional stop signs coming for 24th Ave in the
first phase of the BCNA traffic calming plan but that may not be enough. We will have
a chance to add more traffic calming devices in phase two of the plan. That may not
be enough either and the City is saying "tough, live with it". The City's Neighborhood
Traffic Calming Program doesn't limit how much is done or needs to be done; it tries to
solve the problem. Here, the City wants to wipe their hands of a problem that may be
half solved and walk away. And why shouldn't YVMH have liability into the future for
neighborhood traffic problems and the City as well. The BCNA needs assurances that
mitigation of traffic problems within the neighborhood will be addressed beyond table
6. If we can't go back and address these issues in the FEIS then they must be addressed
in the development agreement. Our ability to continue supporting these documents is
being severely tested. We are serious. These issues need more light on them.
Thank you for allowing me the time to speak.
G1TY WOViA
DIV.
DOC -
INDEX
City of Yakima — Public Hearing, Thursda October 28, 2010 9 a.m. Council Chambers
Name: Jo N. Miles 618 5 24th Ave Yakima, WA 98902 (509)248-7870
My wife and I purchased our home in Yakima more than 3 years ago.
The issue we're concerned about is a proposed automated traffic signal at 24th Awy.ond-77e-tmn_
��� �
/ '' Such a proposal strikes us as unnecessary and unwise for the following reasons.
'E~~Ev�������
2010
CIGTCYTOF
YAKIMA
PLANNING DIV.
1. The cost is unrealistic and outweighs any value or improvement that might be gained.
2. The configuration of the existing intersection does not square up. mAve icnft set and does
not go strai_ght through at Tieton. The non -conforming angles diminish the v_alue an automated
signal might provide.
3. The acciclent rate is near zero. The only accident observed in the past three years on Tieton
occurred blocks away and didn't have anything to do with 24th
4. Traffic counts 024th
Ave are relatively low. Neighbors back out of their driveways at all times of
day, and pedestrians walk across the street at 8:00 o'clock in the morning on weekdays withopt
vehicles present. It is primarily a residential sidestneet.ei*a j6uw`toe A+��r^r��r«e��~
S. Automated traffic signals already exist nearbvuorietopaod.32°u Ave. and at 20,h Ave. An
additional signal would disrupt traffic flow onTietpq/increase stoD_a9d go situations, and
encourage more drivers to seek side street cut -through rouies.
6. Should traffic counts increase substantially during the next 30 years, a more realistic and cost
effective solution would hea"right turn nn|y"drsiBnation.
/�- /" "-7-‘/�~
Thank you for your consideration.
Jo N. Miles
DOC.
INDEX�=~~~~~