HomeMy WebLinkAboutR-2011-010 YVMH Approved Institutional Overlay/Master Development Plan Codification AgreementRESOLUTION NO. R-2011-10
A RESOLUTION approving and authorizing the City Manager to execute and administer a
Development Agreement implementing institutional overlay/master
development plan for Yakima Valley Memorial Hospital pursuant to
previously approved institutional overlay; adopting findings of fact and
conclusions of law..
WHEREAS, the City Council of the City of Yakima, has previously approved an
institutional overlay zone designation for the planned development and expansion of facilities of
Yakima Valley Memorial Hospital pursuant Chapter 15.31 of the Yakima Municipal Code (YMC);
and
WHEREAS, the purpose of the institutional overlay zone is to allow for Targe -scale
institutional facilities with special locational needs and impacts which must be designed and
perform in a manner thatis compatible with surrounding land uses; and
WHEREAS, pursuant to YMC 15.31.025, a master development plan and development
agreement implementing such plan must be presented and approved; and
WHEREAS, pursuant to proper notice and in accordance with state law and city
ordinances, the Hearing Examiner held an open record public hearing on October 28, 2010 on
the applicant's master development plan and attendant application for street vacation, and
subsequently issued a recommendation to the City Council for approval, subject to listed
conditions; and
WHEREAS, pursuant to proper notice and in accordance with state law and city
ordinances, the City Council held a closed record public hearing on December 7, 2010 on the
institutional overlay/master development plan and attendant application for street vacation, and
after considering the record herein and all testimony and evidence presented, the City Council
approved the recommendations of the Hearing Examiner and directed legal staff to prepare the
appropriate legislation to be presented for consideration and adoption at the regular meeting of
the City Council on January 18, 2011; and
WHEREAS, the City Council further directed that an open record public hearing be set
for January 18, 2011 for consideration and approval of a Development Agreement
implementing the Yakima Valley Memorial Hospital institutional overlay/master development
plan and attendant street vacation; and
WHEREAS, pursuant to proper notice and in accordance with state law and city
ordinances, the City Council held an open record public hearing on January 18, 2011 for
consideration of said Development Agreement; and
WHEREAS, the City Council of the City of Yakima, having received and considered the
record herein, and having considered all testimony and evidence presented at the open record
public hearing on January 18, 2011, now makes the following findings of fact and conclusions
of law:
Findings of Fact
1. The applicant has properly invoked the jurisdiction of the City of Yakima to hear and
decide all issues herein;
2. Pursuant to YMC 15.31.025, Yakima Valley Memorial Hospital has presented a
Development Agreement implementing the institutional overlay/master development
plan previously approved on December 7, 2010 and adopted on January 18, 2011;
3. The City Council adopts the findings and recommendations of the Hearing Examiner
previously submitted and approved herein;
4. All public hearings herein, both open record and closed record, have been properly
noticed and held in compliance with state law and local ordinances, and no council
member has been disqualified from hearing and participating in such hearings and
the decisions regarding such matter;
5. The Development Agreement is consistent with and meets the requirements of
Chapter 15.31 YMC and YMC 15.31.025, and is consistent with the approved
institutional overlay/master development plan for said project;
Conclusions of Law
6. The City Council of the City of Yakima has jurisdiction to hear and decide all issues
herein.
7. There being no objection to any council member hearing and deciding all issues
herein, any objection to the ability of any council member to hear and decide these
issues is hereby deemed waived;
8. All proceedings herein have complied with applicable state law and city ordinance;
9. The proposed Development Agreement, being consistent with and meeting the
requirements of Chapter 15.31 YMC and YMC 15.31.025, should be approved;
and
WHEREAS, the City Council finds and determines that approval of the Development
Agreement is in the best interests of residents of the City of Yakima and will promote the
general health, safety and welfare; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The Development Agreement attached hereto and incorporated herein, by and between
the City of Yakima and Yakima Valley Memorial Hospital, together with Michael Balmelli,
a single man, Thomas McLean and Deborah McLean, husband and wife, and Mr.
Palmer Wright, is hereby approved, subject to the requirement that Yakima Valley
Memorial Hospital record the fully executed Development Agreement with the Yakima
County Auditor as required pursuant to RCW 36.706.190.
2. The City Manager of the City of Yakima is hereby authorized and directed to execute
and administer such Development Agreement for and on behalf of the City of Yakima.
3. This Resolution shall be effective upon passage and approval as required by law.
ADOPTED BY THE CITY COUNCIL this 18th day of January, 2011.
ATTEST:
Micah awle, ayor
City Cler
Return Address
Velikanje Halverson P.C.
Attention. Michael F. Shinn
P 0 Box 22550
Yakima WA 98907
i in ii iiiii1111111 ,iii,ui
FILE# 7727379
YAKIMA COUNTY, WA
05/05/2011 02:12:40PH
AGREEKEIIT
PAGES: 77
VELIKAUJE, HALVERSOII P.C.
Recording Fee: 138.00
Expedite Fee: 50.00
Document 1 Title: Yakima Valley Memorial Hospital Master Planned Development Agreement
Reference #'s: n/a
Additional reference #'s on page
Grantors: Grantees:
Yakima Valley Memorial Hospital Association
City of Yakima
Additional grantors on page additional grantees on page
Document 2 Title:
Reference #'s:
Additional reference #'s on page
Grantors:
Grantees.
Additional grantors on page additional grantees on page
Legal Description (abbreviated form: i.e. lot, lbk, plat or S,T,R quarter/quarter)
Ptn. SW 1/4 SW 1/4 and SE 1/4 SW 1/4 of S23, T13N, R18 EWM.
Additional legal is on pagc Attachment "A" of Agreement
Assessor's Property Tax Parcel/Account Number
Listed on Page 1 of Agreement.
N Emergency nonstandard document recording: I am requesting an emergency nonstandard
recording for an additional fee as provided in RCW 36.18.010. I understand that the
recording processing requirements may cover up or otherwise obscure some part of the text
of the original documen
Signature:
11_\__1)01 --si,-L-11\—V\A .S(\ lis tJ
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or
completeness of the indexing information provided herein.
YAKIIMA VALLEY MF,MORTAL HOSPITAL
MASTER PLANNED DEVELOPMENT
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:
Assessor's Tax Parcel ID Nos.:
33416, 33417, 33418, 33426, 33429,
33447, 33449, 33450, 33451, 33452,
33475, 33477, 33478, 33479, 33480,
34032, 34033, 34034, 34035, 34447,
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, 1'1F,TON
TERRACE ADDITION, "G"-34, ptn. SW V4 SW 'A and
SE '/4 SW '/4 S23, T13N, R18EWM
Complete legal descriptions are on Attachment "A".
181323-33004, 33024, 33028, 33413, 33414, 33415,
33430, 33432, 33435, 33437, 33438, 33442, 33445, 33446,
33453, 33454, 33455, 33456, 33457, 33465, 33473, 33474,
33487, 33488, 33489, 33490, 33492, 33508, 33509, 33510,
34539 and 181323-33436 (partial).
Yakima Valley Memorial Hospital
Development Agreement
YAKIMA VALLEY MEMORIAL HOSPITAL
DEVELOPMENT AGREEMENT
TABLE OF CONTENTS
INTRODUCTION 3
RECITALS
3
AGREEMENT 6
1. GENERAL OBLIGATIONS
6
2. MASTER DEVELOPMENT PLAN 7
3. DEVELOPMENT STANDARDS 10
4. PHASED IMPLEMENTATION, MITIGATION MEASURES, AND
CONDITIONS OF APPROVAL 12
5. TERM; VESTING 23
6. GENERAL PROVISIONS 24
6.1 Definitions 24
6.2 Governing Law. 24
6.3 Amendment; Modifications. 24
6.4 Binding on Successors; Assignment; Enforcement. 26
6.5 Recording. 27
6.6 Interpretation 27
6.7 Severability. 27
6.8 Authority. 27
6.9 Attachments. 27
6.10 Headings. 28
6.11 Time Is of the Essence. 28
6.12 Integration. 28
6.13 Disputes; Default and Remedies. 28
6.14 No Third Party Beneficiary 29
6.15 Interpretation 29
6.16 Notice. 29
6.17 Cooperation
30
6.18 Delays. 31
LIST OF ATTACHMENTS 36
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INTRODUCTION
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 Balmelli, 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 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 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 is
bounded on the north, east, and west by private residences, as well as the south, across Tieton
Drive. The Property's underlying zoning is Single -Family Residential (R-1), Two -Family
Residential (R-2), and Multi -Family Residential (R-3), with an Institutional Overlay designation.
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. In addition, it is anticipated that approximately 1,570 square
feet of property may be acquired by YVMI-I from Dr. Palmer Wright as part of a boundary line adjustment.
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Development Agreement
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. Therefore, based upon past citizen comments, specifically including
the Barge -Chestnut Neighborhood, 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
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 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, YVvIH 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 DRAFT 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 issued on October 1, 2010. There having been no
appeal of the FEIS, it is now final.
H. In conjunction with the Master Development Plan, and as part of the implementation of
the proposed Plan, YVMH submitted a Right -of -Way Vacation Application, RW #002-10 on
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Development Agreement
August 6, 2010 for the vacation of portions of South 29th Avenue and South 30th Avenue. The
Hospital's submittal was made pursuant to RCW Chapter 35.79 and the City of Yakima's street
vacation policy embodied in Resolution 2007-126.
I. Thereafter, following proper notice and in accordance with the Yakima Municipal Code
and state law, public hearing on the Master Development Plan Application and the Right -of -Way
Vacation Application took place on October 28, 2010. The Hearing Examiner then made his
Recommendation on the Master Development Plan Application, including Right -of -Way
Vacation Application to the Yakima City Council on November 12, 2010, which recommended
approval of the Institutional Overlay/Master Development Plan and Street Right -of -Way
Vacation subject to 28 enumerated conditions, specifically including: (1) the adoption of a
Planned Action Ordinance meeting the requirements of WAC 197-11-164, -168, and -172, in
substantially the same terms as contained in a draft Planned Action Ordinance made part of the
record as Exhibit "A" to the City of Yakima Planning Division's Staff report of October 28,
2010; (2) the adoption of a street right-of-way vacation ordinance containing substantially the
same terms as the draft Right -of -Way Vacation Ordinance made part of the record as Exhibit
"B" to the City of Yakima Planning Division's Staff Report of October 28, 2010; and (3) the
execution of a Development Agreement, in accordance with the provisions of YMC
§15.31.025(C) containing substantially the same terms as the draft Development Agreement
made part of the record as Exhibit "C" to the City of Yakima Planning Division's Staff report of
October 28, 2010.
J. Following proper notice and in accordance with the Yakima Municipal Code and state
law, the City Council held a closed record public hearing on the Institutional Overlay/Master
Development Plan recommendation of the Hearing Examiner, and an open record public hearing
on the Street Right -of -Way Vacation recommendation of the Hearing Examiner on December 7,
2010. The Council approved the recommendations of the Hearing Examiner, following the
Hearing(s), and directed City Planning Staff and City legal counsel, to complete the draft
Planned Action Ordinance and the Right -of -Way Vacation Ordinance, and to bring the
completed Ordinances before the counsel for consideration and adoption at the regular City
Council meeting scheduled for January 18, 2011. Open record hearing on the draft Development
Agreement was also noticed and brought on for hearing before the City Council on January 18,
2011. And, at the City Council's meeting on January 18, 2011 the City Council adopted the
Ordinances appended hereto as Attachments "P" and "R", and approved the execution of this
Development Agreement by the City's authorized representatives.
K. This Development Agreement is intended to implement the rights and obligations as set
forth in the City's Final Decisions on YVMH's Master Development Plan Application, including
the Right -of -Way Vacation Application. The City has determined that this Development
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Development Agreement
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.
L. 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.
AGREEMENT
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. GENERAL OBLIGATIONS
YVMH shall comply with the terms of this Agreement, and the terms of specific
implementing legislation, the Planned Action Ordinance and the Right -of -Way Vacation
Ordinance, and the terms of any implementing permit approvals, including without limitation
those conditions relating to the provision of 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.
1.1 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 as
follows:
1.1.1 The 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.
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Development Agreement
1.1.2 All required public notices shall be mailed by the City to parties designated by
YVMH as a Party of Record, and 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 its successor, if
any, provided notice of a successor organization(s) has been given to YVMH, in the
preparation of plans to implement each phase of development and project specific
applications.
1.1.4 YVMH has agreed to separately contract with BCNA (or its successor organization),
as well as with Balmelli, McLean, and Wright and their successors as long as they
own property included within the YVMH campus, with regard to procedure for any
proposed minor modifications for construction that would alter minimum setbacks
and/or maximum building heights as approved in the Master Development Plan. The
separate contract and evidence of compliance therewith shall also be provided by
YVMH to the City, as part of a `completed' application for minor modification of
setbacks or building heights.
1.1.5 Upon approval of plans to implement each phase of the 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.
1.1.6 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. MASTER DEVELOPMENT PLAN
2.1 Campus Boundaries. The boundaries of the YVMH campus shall be established as
depicted in Attachment "B" and shall consist of the parcels listed and described in
Attachment "A".
2.2 Site Plan. All development activities on the YVMH campus shall substantially
comply with the approved Site Plan as depicted in Attachment "E".
2.3 Development Activities. At the time of execution of this Agreement the YVMH
campus consists of fifteen buildings including the main YVMH facility, neighboring
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Development Agreement
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 two privately owned residential properties located within the proposed
boundaries of the YVMH campus,2 and that the Hospital will complete a boundary
line adjustment to merge an approximately 58' X 27' section of another private
residential property with Hospital property, which section is also located within the
proposed YVMH campus3 during the term of this Agreement. See, Attachment "B".
2.3.1 The location of the existing buildings on the YVMH campus is depicted on
Attachment "F".
2.3.2 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. Rimrock House; and
i. Chinook House.
2.3.3 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.
2.3.4 The approximate location of the proposed new buildings and additions are
depicted on Attachment "G".
2 These two properties are Yakima County Assessor's Tax Parcel Nos 181323-33455, 181323-33456 owned by
Michael Balmelli, and Thomas and Deborah McLean, respectively.
3 This section of property is currently part of Yakima County Assessor's Tax parcel No. 181323-33436, owned by
Dr. Palmer Wright.
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2.3.4.1 The location of the Early Childhood Learning Center may need to
be adjusted slightly if a boundary line adjustment, as depicted on Attachment
"B" is not executed.
2.3.4.2 The location of Parking Garage 4a may need to be adjusted if the
two parcels, depicted in Attachment "B", are not acquired by YVMH.
2.3.5 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;
k. Parking Garage 4a (PG -4a), 283,230 square feet;
1. Parking Garage 4b (PG -4b), 282,230 square feet.
2.4 Bicycle and Pedestrian Improvements. Bicycle and Pedestrian access shall be
provided in accordance with the conceptual plans in Attachment "H".
2.5 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 "Q" and in
accordance with the Right -of -Way Vacation Ordinance included as Attachment "R".
2.6 SEPA Compliance. A Planned Action EIS has been prepared for the Master
Development Plan and no further environmental review shall be required for actions
associated with the implementation of the Master Development Plan unless required
in accordance with this Agreement.
2.6.1 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 the event that any portion of the
overall development occurs in an order different from its identified phase, as
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Development Agreement
specified in the Planned Action EIS, all identified mitigation for such
development, identified in Table 1, Attachment "I", and shall be completed
prior to implementation.
3. DEVELOPMENT STANDARDS
Implementation of the approved Master Development Plan shall be in accordance with the
provisions and standards of the Yakima Municipal Code in effect at the time that applications
are submitted and deemed to be complete, except as provided in this Agreement.
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 -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;
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;
m. Parking Garage 4b: Not to exceed 36 feet.
3.2 Building Setbacks. All buildings shall be set back from exterior property lines as
depicted in Attachment "J", as minimum distances: 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 South 27th Avenues
(40 to 42 feet); and South 27th Avenue (58 to 103 feet).
3.2.1 Zero lot line setbacks shall be allowed from all interior lot lines and insofar as
zero lot line construction occurs within the YVMH campus it shall be
exempted from building code or other restrictions applicable to lot lines.
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3.3 Gross Floor Area. Although specific floor area measurements will not be
established until building permit applications are submitted, the following gross floor
area measurements have been set as not -to -exceed levels for buildings at full
buildout:
a. Main Hospital Building Addition: Not to exceed 775,528 square feet;
b. West Pavilion I: Not to exceed 72,555 square feet;
c. West Pavilion II: Not to exceed 50,000 square feet;
d. Early Learning Center: Not to exceed 12,000 square feet;
e. North Pavilion I: Not to exceed 100,000 square feet;
f. East Pavilion I: Not to exceed 50,000 square feet;
g. Rainier House, Human Resources: Not to exceed 2,039 square feet;
h. Parking Garage 1, PG -1: Not to exceed 283,745 square feet;
i. Parking Garage 2, PG -2: Not to exceed 99,248 square feet;
j. Parking Garage 3, PG -3: Not to exceed 88,274 square feet;
k. Parking Garage 4a, PG -4a: Not to exceed 283,230 square feet;
1. Parking Garage 4b, PG -4b: Not to exceed 282,230 square feet.
3.4 Landscaping. Landscaping shall be provided in accordance with the approved
landscaping plan described and depicted in Attachment "K". Except as otherwise
provided therein, site buffenng and screening will adhere to Standard C as described
in the provisions of Section 15.07.040 of the UAZO included as Attachment "L".
3.4.1 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 the YMC.
3.4.2 In the event of a conflict between the provisions of the approved landscaping
plan and the provisions of the YMC, the landscaping plan shall prevail.
3.5 Lot Coverage. Impervious surfaces shall not exceed 80% of the YVMH campus.
3.6 Trip Generation Standards. In the event that revisions to the phasing plan
implementing this Master Development Plan are required it may be necessary to
revise the plans for implementing the required traffic mitigation measures. If so, the
following standards will be used to determine the number of taps that will be
generated and whether the plans for completing the required traffic mitigation needs
to be adjusted:
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Development Agreement
3.6.1 Hospital, 1.14 trips per 1,000 sq. ft. during the weekday, p.m. peak hour;
3.6.2 Medical Office Building, 3.46 trips per 1,000 sq. ft. during the weekday, p.m.
peak hour; and
3.6.3 Early Learning Center, 4.79 trips per employee.
3.7 Parking Standards. In the event that revisions to the phasing plan implementing this
Master Development Plan are required it may be necessary to revise the plans for the
required parking mitigation measures. If so, the following standards will be used to
determine the number of trips that will be generated and whether the plans for
completing the parking mitigation needs to be adjusted:
3.7.1 Hospital, 4.72 spaces per bed;
3.7.2 Medical office building, 3.53 spaces per 1,000 square feet; and
3.7.3 Early Learning Center, 3.16 spaces per 1,000 square feet as a stand alone
facility.
These standards are derived from the Institute of Transportation Engineers (ITE)
Parking Generation Manual (3`d Edition).
3.8 Lighting. 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. Prior to construction of each phase, YVMH shall
provide the City with a lighting plan which complies with the "Dark Sky" principles.
4. PHASED IMPLEMENTATION, MITIGATION MEASURES, AND CONDITIONS
OF APPROVAL
4.1 Phasing Plan. In general terms, it is anticipated that the approved development
activities will be constructed in five phases over a thirty year period as described and
depicted in Attachment "M". 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
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development, identified in Attachment "I" hereto, shall be completed prior to that
development's implementation.
4.2 Pre -Application Conditions. Prior to initiating any construction activities associated
with a proposed phase of development, YVNIPI shall provide the City with a Letter of
Intent confirming the construction activities to be initiated during the phase of
development in accordance with the provisions of the attached Phasing Plan,
Attachment "M".
4.2.1 Letter of Intent. The Letter of Intent shall include, a brief description of
a. The construction activities to be initiated during the phase of development
and anticipated timelines;
b. Any activities that vary from the provisions of the approved Phasing Plan;
c. A description of required mitigation measures, any proposed adjustments,
the proposed timing of required mitigation payments in a mutually
satisfactory manner, and the proposed timing for completion;
d. Buildings targeted for removal;
e. Anticipated landscape improvements;
f. Anticipated pedestrian and bicycle access plans;
g. Anticipated improvements to utilities;
h. Anticipated stormwater improvements; and
i Construction management and access plans;
j. Lighting plan compliant with "Dark Sky" principles.
4.2.2 Either party may request a pre -application meeting with the City's
Development Services Team or comparable entity to review the Letter of
Intent.
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4.2.3 It is recognized by the parties that the required pro rata contributions toward
intersection improvements must be coordinated so that the City is able to
design and construct the improvements in a timely manner without receiving
the funds too far in advance to be used, but in time to mitigate the impact
requiring such improvements. Therefore, upon review of each Letter of Intent
the City shall issue to YVM11 a written authorization to proceed confirming
the authorized construction project, identifying any special documentation that
may be required with each building permit application, and confirming the
schedule for construction of required mitigation measures and the timing of
required pro rata mitigation payments.
4.3 Project Specific Conditions. Prior to initiating any project specific construction
activities that requires City permits or approvals, YVMH shall submit for City review
and approval:
4.3.1 Complete building permit applications, if required, and all associated permits
that may be required, including but not limited to demolition permits, clearing
and grading permits, and right-of-way use permits;
4.3.2 Required geotechnical reports and related technical studies;
4.3.3 Stormwater design plans prepared in accordance with the provisions of the
Eastern Washington Storm Water Design Manual as adopted by the City of
Yakima;
4.3.4 Detailed utility plans prepared in accordance with City standards;
4.3.5 Detailed Parking Plan. YVMH shall submit with each building permit
application a parking plan substantially in accordance with the Parking Plan
described and depicted in Attachment "N" and Tables 5 & 6 of the FEIS.
4.3.6 Detailed landscaping plans;
4.3.7 Construction Management Plan. 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 areas for the delivery,
storage, processing, and/or assembly of construction materials; plans to
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provide emergency vehicle access, and plans to control dust in accordance
with City Standards; and
4.3.8 Plans to provide required traffic mitigation and/or the payment of the required
pro rata contributions.
4.3.9 Temporary erosion control plans prepared in accordance with City standards.
4.4 Phase 1 Mitigation Measures and Conditions of Approval. During Phase 1
YVMH shall implement the following mitigation measures and conditions of
approval, in accordance with the provisions of Attachment "P".
4.4.1 South 28th Avenue Traffic Diverter. YVMH shall design and construct,
subject to City review and approval, a traffic diverter, in accordance with the
conceptual design depicted in Attachment "Q". The timing for the
construction of this improvement shall be coordinated between the City and
YVMH. In the absence of a more specific agreement, this improvement shall
be installed before South 30th Avenue is closed and any Phase 2
improvements initiated.
4.4.2 South 29th Avenue Vacation. YVMH shall vacate South 29th Avenue in
accordance with the terms and conditions of the street vacation ordinance
approved by the Yakima City Council and included in this Agreement as
Attachment "R". South 29th Avenue will then be closed to vehicular traffic in
accordance with the conceptual design depicted in Attachment "Q".
4.4.3 South 30th Avenue Vacation. YVMH shall vacate South 30th Avenue in
accordance with the terms and conditions of the street vacation ordinance
approved by the Yakima City Council and included in this Agreement as
Attachment "R". South 30th Avenue will then be closed to vehicular traffic in
accordance with the conceptual design depicted in Attachment "Q".
4.4.4 On-site Parking Improvements. Prior to the completion of Phase 1, YVMH
shall design and construct subject to City approval parking facilities adding
230 surface parking spaces for a total of 1,650 parking spaces, as depicted in
Attachment "N".
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4.5 Phase 2 Mitigation Measures. During Phase 2 YVMH shall implement the
following mitigation measures, in accordance with the provisions of Attachment
«p»
4.5.1 South 28th Avenue/Tieton Drive Intersection Improvements.
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: These improvements must be completed prior to issuance of the
first certificate of occupancy for any improvement that creates a net
increase in trips.
c. YVIVIH Contribution: YVMH, at its expense, shall design 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.
d. Special Conditions: YVMH may elect to install this improvement in
conjunction with the improvements required at this intersection in Phase 1.
YVMH may elect to contract with the City to design and construct this
improvement.
4.5.2 South 16th Avenue/Nob Hill Boulevard Intersection Improvements.
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. YVMH Contribution: YVMH. shall contribute up to 1.8% of the cost of
the described improvements or a maximum of $36,000. 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 based upon
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roadway costs, right-of-way acquisition costs, engineering costs, and other
costs directly related to construction of the described improvement. See
Attachment "0" for Traffic Mitigation Pro Rata Share Cost Estimate.
c. Timing: 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 in Phase 2 unless a later date is approved by the City through the
process of reviewing the Letter of Intent and the issuance of a Letter of
Authorization to proceed with Phase 2 activities.
d. Special Conditions: If these improvements are deemed unfeasible or
unwarranted 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 contribution may be used by the City toward improvements made at
this intersection or any of the intersections identified in Section 4.5 of this
Agreement.
4.5.3 On-site Parking Improvements. Prior to the issuance of the certificate of
occupancy for the first development activity that creates a net increase in trips,
YVMH shall design and construct, subject to City approval 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 as depicted in Attachment "N".
4.6 Phase 3 Mitigation Measures. During Phase 3 YVMH shall implement the
following mitigation measures, in accordance with the provisions of Attachment
"p»
4.6.1 North 40i'' Avenue/Summitview Avenue Intersection Improvements.
a. Description of Improvement: The YVMH pro rata contribution shall be
limited to the cost of the construction of a second left -turn lane on the
eastbound approach of Summitview Avenue or the construction of a third
through lane on N 40th a minimum of 300 feet 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 actual pro rata
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contribution to be paid by YVMH, not to exceed the amount identified
above, shall be detetniined at the time the payment is due based upon
roadway costs, right-of-way acquisition costs, engineering costs, and other
costs directly related to construction of the described improvement. See
Attachment "0" for cost estimates.
c. Timing: 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 in Phase 3, unless a later date is approved by the City through the
process of reviewing the Letter of Intent and the issuance of a Letter of
Authorization to proceed with Phase 3 activities.
d. Special Conditions: If these improvements are deemed unfeasible or
unwarranted 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 Avenue. 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 4.6 of this agreement.
4.6.2 North 24th Avenue/Summitview Improvements.
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 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 based upon
roadway costs, right-of-way acquisition costs, engineering costs, and other
costs directly related to construction of the described improvements. See
Attachment "0" for cost estimates.
c. Timing: 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 in Phase 3, unless a later date is approved by the City through the
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process of reviewing the Letter of Intent and the issuance of a Letter of
Authorization to proceed with Phase 3 activities.
d. Special Conditions: If these improvements are deemed unfeasible or
unwarranted 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 4.6 of this agreement.
4.6.3 South 24th Avenue/Tieton Drive Intersection Improvements.
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 19.4% of the cost of
the described improvements or a maximum of $77,600. 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 based upon
roadway costs, right-of-way acquisition costs, engineering costs, and other
costs directly related to construction of the described improvement. See
Attachment "0" for cost estimates.
c. Timing: 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 in Phase 3, unless a later date is approved by the City through the
process of reviewing the Letter of Intent and the issuance of a Letter of
Authorization to proceed with Phase 3 activities.
d. Special Conditions: If these improvements are deemed unfeasible or
unwarranted 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 4.6 of this agreement.
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4.6.4 On-site Parking Improvements. Prior to the issuance of the certificate of
occupancy for the first development activity in this phase that creates a net
increase in trips, YVMH shall design and construct, subject to City approval,
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 as depicted in Attachment "N".
4.7 Phase 4 and 5 Mitigating Measures. During Phases 4 and 5 YVMH shall implement
the following mitigation measures, in accordance with the provisions of Attachment
«p»
4.7.1 South 30th Avenue/Tieton Drive Intersection Improvements.
a. Description of Improvement: YVMH shall install a traffic signal at the
South 30th Avenue/Tieton 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 warrants
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 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.
4.7.2 North 16th Avenue/Summitview Avenue Intersection:
a. Description of Improvement: The YV VIH pro rata contribution shall be
limited to the cost of installation a westbound right -turn lane on
Summitview Avenue at the intersection.
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b. YVMH Contribution: YVMH shall contribute up to 4.0% of the cost of
the described improvements or a maximum of $10,000.00. 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 based
upon roadway costs, right-of-way acquisition costs, engineering costs, and
other costs directly related to the described improvement. See
Attachment "0" for cost estimates.
c. Timing: 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 in Phase 4 or 5, as appropriate, unless a later date is approved by the
City through the process of reviewing the Letter of Intent and the issuance
of a Letter of Authorization to proceed with Phase 4 or 5 activities
d. Special Conditions: If these improvements are deemed unfeasible or
unwarranted 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 4.7 of this agreement.
4.7.3 South 40th Avenue/ Nob Hill Boulevard Intersection:
a. Description of Improvement: The YVMH pro rata contribution shall be
limited to the cost of the 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 or a maximum of $2,750.00. 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 based
upon roadway costs, right-of-way acquisition costs, engineering costs, and
other costs directly related to construction of the described improvement.
See Attachment "0" for cost estimates.
c. Timing: 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 in Phase 4 or 5, as appropriate, unless a later date is approved by the
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City through the process of reviewing the Letter of Intent and the issuance
of a Letter of Authorization to proceed with Phase 4 or 5 activities.
d. Special Conditions: If these improvements are deemed unfeasible or
unwarranted 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 4.7 of this agreement.
4.7.4 South 16th Avenue/Tieton Drive Intersection:
a. Description of Improvement: The YVMH pro rata contribution shall be
limited to the cost of the installation of a second left -turn lane on the
eastbound approach on Tieton Drive at the intersection.
b. YVMIFI Contribution: YVMH shall contribute up to 9.5% of the cost of
the described improvements or a maximum of $142,500.00. 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 based
upon roadway costs, right-of-way acquisition costs, engineering costs, and
other costs directly related to construction of the described improvement.
See Attachment "0" cost estimates.
c. Timing: 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 in Phase 4 or 5, as appropriate, unless a later date is approved by the
City through the process of reviewing the Letter of Intent and the issuance
of a Letter of Authorization to proceed with Phase 4 or 5 activities.
d. Special Conditions: If these improvements are deemed unfeasible or
unwarranted 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 4.7 of
this agreement.
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4.7.5 On-site Parking Improvements. Prior to the issuance of the certificate of
occupancy for the first development activity that creates a net increase in trips
m these phases, YVMH shall design and construct, subject to City approval
parking facilities resulting in the potential replacement of 676 surface parking
spaces and up to 2,400 covered parking spaces for a net increase of 1,724 and
a total of 4,419 parking spaces as depicted in Attachment "N".
5. TERM; VESTING
5.1 Term. This Agreement shall be in effect for a period of forty (40) years from its
Effective Date. Any extension of the Agreement shall require an amendment of this
Agreement by YVMH, Balmelli, McLean, and Wright, 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 YVMH, Balmelli, McLean, Wright,
or their successors, under the Yakima Municipal Code or other statute or case law,
with respect to vesting or nonconforming uses.
5.2 Vesting. Except as provided in Section 5.3, 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"). AH
Implementing Permit Approvals (defined in Section 6.1) 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 3, or for subjects covered by subsequent amendments to this
Agreement, except as provided in Section 5.3. Further, for subjects not covered by
the Development Standards adopted in Section 3, 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 5.3.
5.3 Citv's Reserved Authority. 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 threat to public health and safety.
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6. GENERAL PROVISIONS
6.1 Definitions.
6.1.1 "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.
6.1.2 "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 foregoing.
6.2 Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
6.3 Amendment; Modifications. 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, 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.
6.3.1 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;
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Development Agreement
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.
6.3.2 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 which require modifications to
approved exterior setbacks;
b. Mmor 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 m elevation than is approved under the Master Development Plan;
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Development Agreement
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.
6.3.3 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 substantial change to the
design, impacts, character or functional nature of the project.
6.4 Binding on Successors; Assignment; Enforcement.
6.4.1 Binding Agreement. This Agreement shall be binding upon and inure to the
benefit of the parties, their successors and assigns.
6.4.2 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
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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.
6.4.3 Enforcement of Agreement. The City and YVMH, as well as Balmelli,
McLean, and Wright, so long as they own any portion of the Property within
the boundaries of the approved master development Plan, may enforce the
terms and conditions of this Agreement.
6.5 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.
6.6 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.
6.7 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 unenforceable or invalid 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 the dispute resolution proceedings in Section 6.13 for
determination of the modifications which implement the intent of this Agreement and
the court decision.
6.8 Authority. The City and YVMH each represent and warrant it has the respective
power and authority, and is duly authorized to execute, deliver and perforin its
obligations under this Agreement.
6.9 Attachments. Attachments "A" through "R" are incorporated in the Agreement by
this reference as if fully set forth.
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6.10 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
Agreement.
6.11 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.
6.12 Integration. This Agreement and the Exhibits attached hereto, which are
incorporated herein 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.
6.13 Disputes; Default and Remedies.
6.13.1 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.
6.13.2 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 or are
unable to reach agreement on a disputed issue, they may select an independent
third party to serve as a mediator.
6.13.3 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
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,
28
Yakima Valley Memorial Hospital
Development Agreement
specific performance or writs to compel performance or require action
consistent with this Agreement.
6.13.4 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.
6.14 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.
6.15 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.
6.16 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
2811 Tieton Drive
Yakima, WA 98902
Attn: Jim Aberle
Telephone: (509) 575-8681
Facsimile: (509) 574-5800
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
29
Yakima Valley Memorial Hospital
Development Agreement
With a copy to:
MICHAEL BALMELLI
207 South 30th Avenue
Yakima WA 98902
With a copy to:
THOMAS MCLEAN and DEBORAH MCLEAN
205 South 30th Avenue
Yakima WA 98902
With a copy to:
PALMER WRIGHT
8307 Viewcrest Way
Yakima WA 98908
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.
6.17 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.
30
Yakima Valley Memorial Hospital
Development Agreement
6.18 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.
IN WITNESS WHEREOF, this Agreement has begin (entered into b tween the City of Yakima
and Yakima Valley Memorial Hospital as of theft.. i� day of \-d. ‘3) -kA , 2011
YAKIMA VALLEY MEMORIAL HOSPITAL
ASSOCIATION, a Washington non-profit corporation
THOMAS MCLEAN
/7
DEBORAH MCLEAN
PALMER
31
CITY OF YAKIMA, a Political
Subdivision of the State of Washington
By:
Mayor Ciry �IrgGE,e
APPROVED AS TO FORM:
By: Jeff - /''. Cutter, City Attorney
32
Yakima Valley Memorial Hospital
Development Agreement
Yakima Valley Memorial Hospital
Development Agreement
STATE OF WASHINGTON )
)ss.
County of Yakuna )
I certify that I know or haveisfactory evi ence that k aiu,te-txxikr is the person
who appeared before me and is the i-c_s.dct CGbf Yakima Valley Memorial Hospital
Association, the corporation that executed the oregoing 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 this2S day of f' l 011.
STATE OF WASHINGTON
MICHAEL F. SHINN
NOTARY PUBLIC
COMMISSION EXPIRES
FEBRUARY 12,2013
STATE OF WASHINGTON )
)ss.
County of Yakima )
NOT •'YPUB
of ashington, residing at
commission Expires:
nd fort e St.te
c S
On this day personally appeared before me Michael Balmelli, to me known to be the
individual described in and who executed the within and foregoing instrument and acknowledged
to me that they signed the same as their free and voluntary act and deed for the uses and purposes
therein mentioned.
SUBSCRIBED AND SWORN TO before me this
STATE OF WASHINGTON
MICHAEL F. SHINN
NOTARY PUBLIC
COMMISSION EXPIRES
FEBRUARY 12,2013
33
ay of • ' ,
NOT • / Y P —171411n and for the State
of W. shington, resi • ing at
M commission Expires:
STATE OF WASHINGTON
)ss.
County of Yakima
Yakima Valley Memorial Hospital
Development Agreement
On this day personally appeared before me Thomas McLean, to me known to be the
individual described in and who executed the within and foregoing instrument and acknowledged
to me that they signed the same as their free and voluntary act and deed for the uses and purposes
therein mentioned.
SUBSCRIBED AND SWORN TO before me this
STATE OF WASHINGTON
MICHAEL F. SHINN
NOTARY PUBLIC
COMMISSION EXPIRES
FEBRUARY 12,2013
STATE OF WASHINGTON
)ss.
County of Yakima
NO
of Wa
My
PUB
gton, resi
mmission Expires.
On this day personally appeared before me Deborah McLean, to me known to be the
individual described in and who executed the within and foregoing instrument and acknowledged
to me that they signed the same as their free and voluntary act and deed for the uses and purposes
therein mentioned.
SUBSCRIBED AND SWORN TO before me this
STATE OF WASHINGTON
MICHAEL F. SHINN
NOTARY PUBLIC
COMMISSION EXPIRES
FEBRUARY 12,2013
34
_Ardir
NOT • .'' Y P IC r ami forr 7 t
of W.shington, res ,t < <_.
M commission Expires:
STATE OF WASHINGTON
)ss.
County of Yakima
Yakima Valley Memorial Hospital
Development Agreement
On this day personally appeared before me Palmer Wright, to me known to be the
individual described in and who executed the within and foregoing instrument and acknowledged
to me that they signed the same as their free and voluntary act and deed for the uses and purposes
therein mentioned.
SUBSCRIBED AND SWORN TO before me this 9 '
STATE OF WASHINGTON
MICHAEL F. SHINN
NOTARY PUBLIC
COMMISSION EXPIRES
FEBRUARY 12,2013
STATE OF WASHINGTON
)ss.
County of Yakima
11.
NOT
nd for the State
of 1 ashington, resting at
/'y commission Expires:
I certify that I know or aye at1 actory evidence that A . LaiS,3- , is the person who
appeared before me and is the 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 5 qday of , 2011.
a II' irtt
IttietaZiret
:74 —intitiograf
114 WAriii.00
inif 111100
35
ARY PUBLIC in and for he State .
o Washington, residing at 4/6-k(
My commission Expires: rert
Yakima Valley Memorial Hospital
Development Agreement
List of Attachments
Attachment A: Parcel Numbers and Legal Descriptions
Attachment B: Campus Boundary Map
Attachment C: Intentionally Omitted
Attachment D: Intentionally Omitted
Attachment E: Site Plan
Attachment F: Existing Buildings
Attachment G: Proposed Buildings and Additions
Attachment H: Pedestrian/Bike Path Routes
Attachment I: Table 1, Mitigation Summary
Attachment J: Building Setbacks
Attachment K: Landscaping Plan
Attachment L: YMC 15.07.040 Site Buffering and Screening Standards
Attachment M: Proposed Phasing Plan
Attachment N: Parking Plan
Attachment 0: Traffic Mitigation Pro Rata Share Cost Estimate Summary
Attachment P: Planned Action Ordinance
Attachment Q: Conceptual Street Vacation Drawing
Attachment R: Right -of -Way Vacation Ordinance
36
Yakima Valley Memorial Hospital
Development Agreement
ATTACHMENT "A"
Master Development Plan Application
Parcel Numbers and Legal Descriptions
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 noted.
Parcel Summary
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
37
Yakima Valley Memorial Hospital
Development Agreement
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
The Southeast '/4 of the Southwest '/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 1/4 of Section 23, Township 13
North, Range 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 '/4
of the Southeast 1/4 of the Southwest '/4 of said Section, being the intersection of the East line of 281h
Avenue South and the North line of Tieton Drive; thence North 0°37 1/2' West along the East lune
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 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 Dnve 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 corner 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' 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 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:
38
Yakima Valley Memorial Hospital
Development Agreement
BEGINNING at a point 30 feet North and 225 feet East of the Southwest comer of the Southeast 1/4
of the Southwest 1/4 of said Section; thence North 150 feet to the Southwest comer of Lot 1, Block 3,
TIETON 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 feet to the point of beginning.
Assessor's Parcel No.. 181323-34034
That portion of the Southwest '/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 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 '/4 of the North 65 feet of the South 1/2 of the Northwest 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 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 feet of the West '/z of the Southwest 1/4 of
the Southwest 1/4 of the Southwest '/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 the North 63 feet of the South 156 feet of the West % 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 '/z of the Southwest 1/4 of the Southwest 1/4 of
the Southwest'' /4 of said Section;
EXCEPT the West 186.44 feet; and
EXCEPT the East 25 feet thereof.
Assessor's Parcel No.: 181323-33024
39
Yakima Valley Memorial Hospital
Development Agreement
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 m 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.
Note: The North 9 feet of the West 1/2 of Lot 16 and the West %Z 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 '/ 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 parcel 181323-33437 and Dr. Palmer Wright the owner of parcel 181323-
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.
That portion of Dr. Palmer Wright's parcel 181323-33436 to be merged is approximately 58 feet
X 27 feet, and may be described, as follows:
The East 26.5 feet of the West 1/2 of Lot 8, Nob Hill Orchard Heights Adjoining North Yakima, as
recorded in Volume "E" of Plats, page 25, records of Yakima County, Washington. Ptn. 181323-
33436.
40
Yakima Valley Memorial Hospital
Development Agreement
ATTACHMENT "B" Campus Boundary Map
1_1
WP II
'1 -
1
- •
Yi., Wiabul Street -
..s.:7...--'2."17.': ""--" -1
._. . .
;.' .-i/ '7.7V,7•- 1 ; ,--•-:-T,17.1171 ,
..''' . ! : ,;:' I'll f •-:: . , ' , • : • •
41
PROPOSED CAMPUS BOUNDARY
PROPOSED ADDITION 10 THE
CAMPUS BOUNDARY
--• —
Yakima Valley Memorial Hospital
Development Agreement
Attachment " C"
Intentionally Omitted
42
Yakima Valley Memorial Hospital
Development Agreement
Attachment " D"
Intentionally Omitted
43
I I 1 1.1
I I 1 t
Yakima Valley Memorial Hospital
Development Agreement
Attachment "E"
Site Plan
I I
! i I I I
I- , 1!
• • I I
. .
l f
1 "
-,-T-p FF --i-----1-1 j - -• -
II
-1-, 13' Pi ; I i Li
.i ,,__,._ i .., 1.....„._, "7- • I
, . E73 ....,,
1 CAMPUS BOUNCARY
Figura 26: Master Slle Plan at Bulld-Out
44
Yakima Valley Memorial Hospital
Development Agreement
Attachment "F"
Existing Buildings
1. Yakima Valley Memorial Hospital
2. West Pavilion 1
il
_.____ _.,.. .._ - .‘_,.- _....._.1 ., -_.i t - • .. , i i
11
3. West Pavilion 11
- Early Learning Center
7-17-117-1rn
— _ i f--} ,------1 ----6- 5. Rainier House
- ILLIA- .csli ..._li Ait,.J._ 10; E ---: •----'.
Jit,.:3_-_-..-:.,j0:-.7 4-- - {.:!7::;1:ii: p;,:. . ._ • .
. • ,t,,--•
6 . Grounds Maintenance
- ::„ .....
, . 7
--,—..—........4
arttnnr:mtstu?
8.
-
Tieton House
Memorial
Foundation
House
9. Chinook House
10. Rimrock House
11. Church
12. Residence 13.Residence
Residence 15. Residence
t; P4411.4H!f tiot
tidtauA
45
Yakima Valley Memorial Hospital
Development Agreement
Attachment "G"
Proposed Buildings and Additions
1. Yakima Valley Memorial Hospital 2. West Pavilion I
3. West Pavilion 11
4. Early Learning Center
5. North Pavilion 1
6. East Pavilion 1
7. Rainier House
8. Parking Garage 1 (PG -1)
9. Parking Garage 2 (PG -2)
10. Parking Garage 3 (PG -3)
11.Parking Garage 4a (PG -4a)
12.Parking Garage 4b (PG -4b)
46
Yakima Valley Memorial Hospital
Development Agreement
Attachment "H" Pedestrian/Bike Path Routes
47
Table 1
Phase 1
Attachment "I"
Table 1, Mitigation Summary
Summary of Mitigation Measures by Phase
Phase 2
Yakima Valley Memorial Hospital
Development Agreement
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.
Summar of development
activities not •eneratin• net
additional tri s.
Construction activities that
will generate net new trips
that require traffic
rmtigation: 184,000 sq. ft.
addition to hospital, and,
150,000 sq. ft. of new
medical office space.
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.
Traffic
Traffic
Construction activities that
will not create net
additional trips include:
one parking garage;
required mitigation
measures; and, the
demolition of buildings.
Traffic
Construction activities that
will not create net
additional trips include:
one or two parking
garages; required
mitigation measures; and,
the demolition of
buildings.
Traffic
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 or
the installation of
intersection improvements
as warranted.
1. YVMH fair share
payment of 1.1% toward
S. 40th Ave/Nob Hill Blvd
intersection improvements.
2. Vacate portion of S. 29'h
Avenue.
2. YVMH installs traffic
signal and dual
southbound left -turn lanes
at S. 28th Ave/Tieton
Drive intersection.
2. YVMH fair share
payment of 4% of the cost
of installing a signal at the
intersection of N. 24th
Ave/Summitview Ave or
the installation of
intersection improvements
as warranted.
2. YVMH fair share
payment of 4% toward
N.16th Ave/Sumnutview
Ave intersection
improvements.
48
Yakima Valley Memorial Hospital
Development Agreement
3. Vacate portion of S
30th Avenue
3. City implements
subsequent phases of
approved BCNA traffic
pp
calmmg plan 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
iniprovements
4. City implements
subsequent phases of
approved BCNA traffic
calmin• .Ian as warranted.
4 YVMH installs traffic
signal or improvements at
S 30th Ave/Tieton Drive
intersection as warranted.
5 City implements
subsequent phases of
approved BCNA traffic
calming plan as warranted.
Parking
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 storni water
management plan.
1 Implementation of the
approved storm water
management plan.
1 Implementation of the
approved storm water
management plan.
49
Yakima Valley Memorial Hospital
Development Agreement
Attachment "J"
Building Setbacks
1, ,": II ; •t-, ! 1 , ,, - . ,
, , . . . i ; L .s . . . . • I t 1 .
• . ;.L, I :--.1..:.i• 'I .
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1 A ..(3). , .: 1 1..f?• ----1,.'.---: ' ." 1. ,z;,:•:. -,... .. _7 1-.:::__ • ! .!
.1 ''.. '-' , iy- • II ,
.1 1
.t. ,....... .....- ... ..-..—. •,,.......,. .
--C.:1 .1 .. .1.•••.-..-v.-...., ..... '
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• .__ 1 iY.,o ! 4 i
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•-• -1:: - '-- -.% I :' •:
:• ,i• , a 4- ...A r,2-,) i .! 1
.,i1:', ' .!;,.,,,. ,,,,,,,,,,r....F., - .7 i :, : • ; 11- • ...:;.--... , 1. C
:. i ..
!I 1 rI 1
— ---.-17 ..r.„••- ,,... i . ....
•,1 .. .: t_ , ',
-- 01-,i111 - . ' • •.:7:'1
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...•,11.*. 1 •
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0 I _.1 .'! 1,:i 4'.10" 2 • ' I. i r, ! ' , t . i ' I. , i ' ' 5(21 0" i2-sji !.,. f " 1 , -1
ll1i 0•' 4i-,. 0" •-77I1.-.:
•--.. •' 1 •11; '. •? ••- i 1 rg
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YVMH
Pleura 20: Phase 5 Setbacks. YVMH Master Plan
50
Attachment "K"
Landscaping Plan
II -I\ '71.
•
•
L
11-
11 81
I: ;. ;1•I I
II;
Nef
• "'At
-1-!"
ftV •
Yakima Valley Memorial Hospital
Development Agreement
CAMPUS BOUNDARY
• 1
. •
: Jill., 7 Itt
.8:
Fqc74,!•:---.6.71* s, •
-
— •
Figure 15. Phase 5 landscape Concept, YVIOH Mester Plan
51
Yakima Valley Memorial Hospital
Development Agreement
Attachment "L"
YMC 15.07.040 Site Buffering and Screening Standards
15.07.040 Sitescreening standards.
A. Sitescreening requirements vary depending on the intensity of both the proposed
use and abutting properties. Three different standards, A, B and C, are hereby established
to accommodate the range of sitescreening needs.
STANDARD A - A ton -foot -wide landscaped planting strip with trees at twenty -foot to
thirty-foot centers, which includes shrubs and groundcover.
STANDARD B - A three -foot -wide planting strip that will create a living evergreen
screen that is at least six feet in height within three years.
STANDARD C - A six -foot -high, 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.
B. Provisions A, B and C are standards for the size of sitescreening area and the
density and type of landscaping/planting. The developer may substitute a higher
sitescreening standard, with standard C being higher than B, and B being higher than A.
C. Other sitescreening plans that improve the site design and achieve the purpose of
this section may also be approved by the administrative official in accordance with YMC
Chapter 6 ..1 0. All sitescreening shall also conform to the provisions of YMC Chapter 15.05.
(Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.07.050 Table of required sitescreening standards.
Table 7-1 is hereby adopted as part of this chapter. The letter designation in this table
refers to the sitescreening standards in YMC 15.07.040.
Table 7-1 Required Si
52
Lowest Intensity District in which ADJACENT USE is a
Class (1) Use
Lowest Intensity
Zoning
District in which the
PROPOSED LAND USE
LOWER ZONING DISTRICT INTENSITY > HIGHER
SR
R-
1
R-
2
R-
3
B-
1
6-
2
SCC
LCC
AS
GC
CBD
RD
M-
1
M -
2
SR
A
ACC
C
CCC
C
C
C
R-1
8
C
C
C
C
C
C
C
C
C C
C
R-2
A
B
CBCC
C
C
C
C
C C
C
R-3
A
A
A
ABC
C
C
C
C
C C
C
B-1
A
BB
A
B
B
B-2
C
CCB
B
B
SCC
CCCC
B
B
LCC
CCCC
A
B
AS
CCCC
GC
CCCC
A
B
CBD
CCCC
A
B
RD
CCCC
C
C
M-1
CCCCBBB
A
A
A
C
M-2
CCCCBBB
B
B
6
C
52
Yakima Valley Memorial Hospital
Development Agreement
HOW TO USE TABLE 7-1 An empty space means sitescreening is generally not
required. A, B, or C -Letters refer to the sitescreening standards in YMC 15 07,040
EXAMPLE. Proposed Use, Residential Mini -Storage
1 Refer to Table 4-1 to find the lowest intensity zoning district in which the proposed
use is permitted as a Class (1) use. For residential mini -storage this is M-1 Find this
zoning district in Column 1 above.
2, Refer to Table 4-1 to find the lowest intensity zoning district in which each adjoining use
is permitted as a Class (1) use If adjoining use is not a Class (1) use in any district
sitescreening, standard C is the required sitescreening standard along that property line,
Adjoining Uses
North -Single-family dwellings -Lowest Intensity District Class (1) Use = SR
South -Tavern -Lowest Intensity District Class (1) Use = LCC
East -Employment Agency -Lowest Intensity District Class (1) Use = B-2
West -Vacant
3 Use Table 7-1 to find the recommended sitescreening to be provided by proposed use
The recommended level of sitescreening is the letter in the intersection of the district
found in Step 1 with each district noted in Step 2. (In this example: SR = C, LCC = A, B-2 =
B, Vacant = none Refer to specific sitescreening standards in YMC 15 07,040. Prepare
sitescreening plan. See YMC 15 07 040.)
(Ord. 2008-46 § I (part), 2008. Ord 3019 § 30, 1987, Ord 2947 § I (part), 1986).
53
Attachment "M"
Proposed Phasing Plan
Yakinia Valley Memorial Hospital
Development Agreement
Square Footage
Facility Activities Current Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Build Out
Hospital Building 387,528 158,000 46,000 184,000 775,528
Energy Plant/Loading Operational Support 28,000
East Addition Patient Services 130,000
West Addition In Patient Beds/Surgery
South Addition Relocate Emergency Rm
46,000
184,000
West Pavilion I Clinical Space 46,555 27,000 73,555
West Pavilion II Medical Facilities 50,000
50,000
East Pavillon Medical Offices 0 50,000 50,000
North Pavilion Medical Offices 0 100,000 100,000
Early Learning Center Child Care 5,352 12,000 -5,352 12,000
Rainier House Human Resources 2,039 2,039
Grounds Maintenance Equipment Storage 830 -830 0
Tieton House Community Education 1,980 -1,980 0
Memorial House Foundation Offices 1,274 -1,274 0
Rimrock House Maternal Health 3,424 -3,424 0
54
Yakima Valley Memorial Hospital
Development Agreement
Chinook House WIC 1,379 -1,379 0
Parking Garage 1 884 Parking Stalls 0 283,745 283,745
Parking Garage 2 264 Parking Stalls 0 99,248 99,248
Parking Garage 3 287 Parking Stalls 0 88,274 88,274
Parking Garage 4a 1,200 Parking Stalls 0 283,230 283,230
Parking Garage 4b 1,200 Parking Stalls 0 283,230 283,230
Totals 500361 -830 552,993 151,119 513,976 383,230 2,100,849
55
Yakima Valley Memorial Hospital
Development Agreement
ATTACHMENT "N"
Parking Plan
Current Adjustments Spaces at
Spaces Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Build Out
Surface Parking 1,420 230 -493 -138 -404 -272 343
A. East Lot 366 -292 -74 0
B. South Main Visitor Lot 169 -169 0
C. Doctor's Lot 70 -58 -12 0
D. Evening Employee/Dr Overflow Lot 44 -44 0
E. Psychiatric Lot 22 -22 0
F. North Daycare Lot 83 -6 -77 0
G. WPII Lot 396 -22 -272 102
H. WPI -Doctor's Lot 22 28 50
1. WPI -Visitor Lot 83 -83 0
J. Church Lot 25 36 -61 0
K. West Annex Lot/31st Avenue 64 64
L. North Employee Lot 76 -2 74
M. Temporary Lot 202 -90 -112 0
N. Early Learning Center Lot 13 13
0. South 30th Avenue Lot 22 22
P. South 28th Avenue Lot 18 18
Structured Parking 0 0 1,131 275 1,200 1,200 3,806
PG -
1 Parking Garage 1 884 884
PG -
2 Parking Garage 2 247 247
PG -
3 Parking Garage 3
275 275
PG -
4a Parking Garage 4a 1,200 1,200
PG- Parking Garage 4b 1,200 1,200
56
4b
Total Adjustments
Total Campus Parking 1,420
Yakima Valley Memorial Hospital
Development Agreement
230 638 137 796 928
1,650 2,288
2,425 3,221
4,149 4,149
Note: Depending on the actual demand Parking Garage PG -4b may be deferred or not built and the existing surface lot retained
57
Yakima Valley Memorial Hospital
Development Agreement
Attachment " O"
Traffic Mitigation Pro Rata Share Cost Estimate Summary
Prepared by City of Yakima August 2010
Intersection
Phase
Anticipated
Potential
Improvement
Total Pro Rata
Share at Phase
of Need
Total Pro Rata
Contribution at
Build -out
Dual eastbound
left -turn lanes
$2,100,000
$2,100,000
N. 40th Ave/Summitview Ave
Existing and
Phase 3
today; third
through Zane on N
1 3% in Phase 3
2.4%
40th In Phase 3
$27,300
$50,400
$350,000
$350,000
N. 24r Ave/Summitview Ave.
Phase 3
Signalization
2.4%
4 0%
$8,400
$14,000
$250,000
$250,000
N. 16th AvelSummitview Ave.
Phase 415
Westbound right-
turn lane
4 0%
4.0%
$10,000
$10,000
$250,000
$250,000
S. 40th Ave/Nob Hill Blvd.
Phase 415
Westbound right-
turn lane
1.1%
1.1%
$2,750
$2,750
$2,000,000
$2,000,000
Dual left -turn lanes
S. 16r Ave/Nob Hill Blvd.
Phase 2
on the northbound
and eastbound
0.3%
1,8%
approaches
$6,000
$36,000
$400,000
$400,000
S 24th Ave/Tieton Dr
Signalization
11.6%
19 4%
Phase 3
$46,400
$77,600
$1,500,000
$1,500,000
S. 16th Ave/Tieton Dr,
Phase 4/5
Dual eastbound
Left -turn lanes
9 5%
9.5%
$142,500
$142,500
$200,000
$200,000
Signalization and
5 28th Ave/Tieton Dr
Phase 1 or 2
Dual southbound
100%
100%
Left -turn lanes
$200,000
$200,000
$300,000
$300,000
S, 30th Ave/Tieton Dr
Phase 415
Signalization
100%
100%
$300,000
$300,000
58
Yakima Valley Memorial Hospital
Development Agreement
Attachment "P"
Planned Action Ordinance
ORDINANCE NO. 2011-03
AN ORDINANCE implementing Planned Action EIS and Institutional Overlay for Yakima
Valley Memorial Hospital Master Development Plan; setting forth
applicable mitigation and development measures, receiving and adopting
recommendation from the hearing examiner and adopting findings and
conclusions; approving Institutional Overlay Zone, authorizing preparation of
Development Agreement in conformity with this action, authorizing
procedure for vacation of affected street right-of-ways in conjunction
therewith, and amending zoning map and comprehensive plan in
conformity with this action.
WHEREAS, Chapter 15 31 of the Yakima Municipal Code (YMC) provides for the
designation of institutional overlay zones, and
WHEREAS, YMC 15 31 010 provides that the purpose of the institutional overlay zone is to
allow for large-scale institutional facilities with special locational needs and impacts which must
be designed and perform in a manner that is compatible with surrounding land uses Through a
master plan review process the public is involved in the development of performance standards A
development agreement and site master plan assure predictability for the owner, the appropriate
jurisdiction and the citizen. 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, and
WHEREAS, on December 12, 2006, the City Council approved an amendment to the
city's Urban Area Comprehensive Plan designating the campus of Yakima Valley Memorial
Hospital as an Institutional Overlay on the city's Future Land Use Map; and
WHEREAS, the City Council on September 2, 2008 adopted an ordinance creating
Institutional Overlays, codified at Chapter 15.31 YMC, and
WHEREAS, Yakima Valley Memorial Hospital on September 8, 2009 submitted its
application for master planned development within the designated institutional overlay, which
application was deemed complete and subject to processing by the City of Yakima Planning
Division on November 9, 2009; and
WHEREAS, a Planned Action Final Environmental Impact Statement was issued by the
City of Yakima on October 1, 2010, for the Yakima Valley Memorial Hospital Master Plan and
Institutional Overlay which identified potential environmental impacts and mitigating actions for
each of the project phases; and
WHEREAS, an open record public hearing has been held pursuant to public notice on
such planned action on October 28, 2010 before the Hearing Examiner; and
WHEREAS, on November 12, 2010 the Hearing Examiner issued his decision and
recommendation regarding the planned action, and
WHEREAS, the Hearing Examiner's Recommendation sets forth Findings and
Conclusions in support of his recommendation that the City Council approve the application with
stated conditions, and
59
Yakima Valley Memorial Hospital
Development Agreement
WHEREAS, the City Council of the City of Yakima has held a closed record
hearing on December 7, 2010 pursuant to notice, to receive the recommendation of the
Hearing Examiner and to consider the files, evidence and testimony of record herein, and
WHEREAS, the City Council of the City of Yakima finds and determines that such
application should be approved with conditions as recommended by the Hearing Examiner,
and that such approval is in the best interests of residents of the City of Yakima and will
promote the general health, safety and welfare; now therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Findings. The City Council, having conducted a closed
record hearing on December 7, 2010, and having received and considered all evidence
and testimony of record herein, together with the Hearing Examiner's Recommendation
issued November 12, 2010, hereby receives, accepts and adopts as its own the Findings
of the Hearing Examiner in his recommendation issued November 12, 2010, together with
the following:
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 43.21 C.031(2) and WAC 197-11-164 for the following reasons:
1 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,
3. The Yakima Valley Memorial Hospital Campus has been designated on the
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 Yakima Valley Memorial Hospital
Master Plan and Institutional Overlay which identifies potential 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
Section 2. 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 27th Avenue, and S 31st Avenue, and shall not exceed the area
depicted in Attachment "B" to the Development Agreement between the City of Yakima
and Yakima Valley Memorial Hospital The campus currently includes approximately
60
Yakima Valley Memorial Hospital
Development Agreement
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
spaces The area is located entirely within (but less extensive than the jurisdiction of) the
City of Yakima, Washington
Section 3. Consistency of Protect Level Review. The Institutional Overlay
Designation in conjunction with the Planned Action EIS for the Yakima Valley Memorial
Hospital Master 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•
1
2,000 square feet
North Pavilion 1100,000
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
61
Yakima Valley Memorial Hospital
Development Agreement
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) permits provided the proposed improvement conforms to the Master
Development Plan as approved
Furthermore, all proposed actions or construction which implements the Master
Development 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
(YMC 15.31.060)
In accordance with YMC 15 31 060 (A -C) and 15 31 025C 7, the below criteria have been
identified as the criteria for determining major vs minor modifications and shall be
incorporated 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,
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,
g.
Detailed landscaping plans prepared in consultation with the Barge -
Chestnut Neighborhood Association consistent with the approved Master
Development Plan,
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.
62
Yakima Valley Memorial Hospital
Development Agreement
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 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;
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 substantial change to the
design, impacts, character or functional nature of the project.
Modified Development Standards
1. 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
b West Pavilion 172,555 square feet
c West Pavilion ll. 50,000 square feet
d. Early Learning Center: 12,000 square feet
63
Yakima Valley Memorial Hospital
Development Agreement
North Pavilion 1. 100,000 square feet
f' East Pavilion 1. 50,000 square feet
g• 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
J. (PG -3)- 88,274 square feet Parking Garage 4a (PG -4a):
283,230 square feet Parking Garage 4b (PG -4b):
282,230 square feet
2. Maximum building height;
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 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 1 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
i Parking Garage 1 • 36 feet
j. Parking Garage 2. 24 feet
k. Parking Garage 3. 24 feet
1. Parking Garage 4a. 36 feet
m. Parking Garage 4b. 36 feet
3. Maximum building setbacks;
The following building setbacks from external property lines have been
established as depicted on Attachment "J" of the Development Agreement
as "not to exceed" figures and shall be incorporated into the Master
Development Plan Planned Action Ordinance as a condition of approval.
a S 31st Avenue• 21 to 104 feet
b. 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 Attachment "J" of
the Development Agreement. 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) for City review and approval in the future.
4. Maximum lot coverage;
impervious surfaces shall not exceed 80% of the YVMH campus.
64
Yakima Valley Mernorial Hospital
Development Agreement
5. Minimum and maximum off-street parking;
a Hospital = 4 72 spaces per bed for a suburban setting
b. 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 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. YVMH will be required to build the identified amount
of parking per phase in adherence with Table 1, Attachment "i" of the
Development Agreement, and the identified information shall be
incorporated into the Master Development Plan Planned Action Ordinance
as a condition ofapproval
6. Landscaping;
Other than fencing, the applicant is not proposing a different standard for
this requirement. YVMH has developed in concert with the BargeChestnut
Neighborhood Association a conceptual landscaping plan which is generally
depicted in Attachment "K" of the Development Agreement. 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 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 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, 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.
Section 4. Planned Action Project Review. A project proposed
pursuant to this Planned Action Ordinance shall be subject the following.
1 Approval by the City of Yakima SEPA Responsible Official or his designee
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
65
Yakima Valley Memorial Hospital
Development Agreement
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 4(1) above, the project shall qualify as a planned
action and a SEPA threshold determination is not required.
3. If a project does not meet the requirements of Section 4(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
Section 5. Public Notices. Public Notices for all projects that qualify as a
Planned Action will be mailed as appropriate, to property owners within 300 feet of the
perimeter of the approved Master Development Plan boundaries and to all Parties of
Record
Section 6. 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 November 12, 2010 These
measures include:
1 Mitigation measures for Transportation as set forth in Section 3. and
summarized in Table 1, Attachment "I" of the Development Agreement.
2 Mitigation measures for parking as set forth in Section 3. and summarized
in Table 1, Attachment "I" of the Development Agreement.
3. Mitigation measures for stormwater as set forth in Table 1, Attachment "I"
of the Development Agreement.
4 Landscaping and buffering measures outlined in the Master Plan and
depicted in Attachment "K" to the Development Agreement.
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
Master Development Plan Boundaries. The boundaries of the Yakima
Valley Memorial Hospital shall not exceed those depicted in Attachment
"B" of the Development Agreement.
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 -
66
Yakima Valley Memorial Hospital
Development Agreement
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 Section 2 3.2 of the Development
Agreement, 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 YVMHPhase
1,
c) Grounds maintenance building -Phase 1-3,
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
8 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
square footage for each building is as follows.
• Hospital Building, 775,528 square feet;
West Pavilion I, 72,555 square feet;
• West Pavilion 1►, 50,000 square feet,
Early Learning Center, 12,000 square feet;
• North Pavilion, 1100,000 square feet,
East Pavilion, 150,000 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.
9 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;
d) West Pavilion I Addition' Not to exceed 30 feet in
height;
e) West Addition -Hospital Building. Not to exceed 75
feet in height,
67
Yakima Valley Memorial Hospital
Development Agreement
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; I)
Parking Garage 4a Not to exceed 36 feet in height;
and
m) Parking Garage 413' Not to exceed 36 feet in height.
10 Building Locations. Buildings will be located in substantial conformance
with the approved Site Plan (Attachment "E" of the Development
Agreement), 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 Attachment "J" of the Development Agreement.
11. 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
12 Lot Coverage• At build -out not more than 80% of the site, excluding public
and private roads and rights-of-way shall be covered with impervious
surfaces
13 Pedestrian and Bicycle Access. Pedestrian and bicycle access shall be
developed in accordance with the conceptual design depicted in
Attachment "H" of the Development Agreement.
14. Traffic Mitigation. YVMH shall be responsible for mitigating traffic impacts
in accordance the provisions of recommended mitigating measures
contained in Table 1, Attachment "I" of the Development Agreement. The
implementation of these mitigating measures are further specified in the
Development Agreement.
15 Parking• New parking shall be developed in accordance with the parking
plan, Attachment "N" of the Development Agreement. 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;
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.
68
Yakima Valley Memorial Hospital
Development Agreement
16. Heli -Pad Prior to initiating the construction of Parking Garage 2, the
existing heli -pad shall be relocated to the Yakima Air Terminal
17 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
18 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
19 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 be implemented to reduce potential impacts to air
quality.
20 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
21 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.
22 Noise Noise associated with construction activities shall adhere to the
provisions of YMC § 6 04 180
Section 7. Application of Mitigation Measures. The application of specific
mitigation measures described in Section 6 (Subsections) -22) above to individual projects
proposed as planned actions will be determined as part of the project review process,
consistent with SEPA, the Institutional Overlay and Master Development Plan
Section 8. Monitoring the Planned Action. The City of Yakima Community and
Economic Development Director shall monitor implementation of the 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
69
Yakima Valley Memorial Hospital
Development Agreement
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 the 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
Section 9. Development Agreement. The City of Yakima and Yakima Valley
Memorial Hospital have prepared a Development Agreement pursuant to Chapter 15 31 YMC
and this Ordinance. The Development Agreement includes specific details with regard to how
each required mitigating measure and condition of approval shall be implemented The
approval of the master planned development herein is contingent upon and subject to
execution and approval of such Development Agreement.
Section 10. Street Vacation Procedures Authorized. Pursuant to the approval of the
planned action herein, procedures for vacation of streets identified within the subject master
development plan are hereby authorized to be implemented in accordance with the phasing of
development within the planned action, and in accordance with applicable state law and city
policies
Section 11. Amendment of Comprehensive Plan and Zoning Map. The
comprehensive plan and official zoning map of the City of Yakima are hereby amended to
conform to the action approved herein, to the extent such amendment is warranted.
Section 12. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or the constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 13. Effective Date. 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.
2011
PASSED BY THE CITY COUNCIL, signed and approved this 18.h day of January,
/s/ Deborah Kloster City
Clerk
Publication Date January 21, 2011
Effective Date February 20, 2011
/s/ Micah Cawley
Micah Cawley, Mayor
70
Attachment "Q"
Conceptual Street Vacation Drawing
-5TA6.E.
28th &Walnut
Yakima Valley Memorial Hospitc
Development Agreemei
FIGURE 24
S29th & W. Chestnut
Lkir;
sirec; vGcoticm Pion
72
0 IS SO sot.
107
FIGURE 25
30th & W. Chestnut
Pions
73
AN ORDINANCE
Yakima Valley Memorial Hospital
Development Agreement
Attachment "R"
Right -of -Way Vacation 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. 29'h 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
74
Yakima Valley Memorial Hospital
Development Agreement
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 T he 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 A n 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 P rior to initiating any activities associated with the expansion of existing
buildings or the construction of new buildings on the Hospital campus, S 29
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
75
Yakima Valley Memorial Hospital
Development Agreement
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
S ection 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
/s/ Deborah Kloster City
Clerk
Publication Date January2l, 2011
Effective Date February 20, 2011
76
/s/ Micah Cawley
Micah Cawley, Mayor
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
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. '/A,
For meeting of: January 18, 2011
ITEM TITLE: Open Record Public Hearing to consider a Resolution authorizing and directing
the City Manager to execute a Development Agreement with Yakima Valley
Memorial Hospital (YVMH) to codify all environmental, Institutional
Overlay/Master Development Plan, and Right -of -Way Vacation conditions
associated with YVMH's approved Institutional Overlay/Master Development
Plan. The subject site is located between Tieton Drive and Chestnut Avenue and
between S. 27th and S. 31St Avenues.
SUBMITTED BY: Joan Davenport, Acting Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: Jeff Peters, Associate Planner, 575-6163
SUMMARY EXPLANATION:
The City Council is being asked to conduct a Public Hearing to consider a Development
Agreement between the City of Yakima, and Yakima Valley Memorial Hospital.
The Development Agreement formalizes the terms and conditions, under which the applicant's
proposed Institutional Overlay/Master Development Plan and other City approvals for the
proposed Institutional Overlay/Master Development Plan, located between Tieton Drive and
Chestnut Avenue, and between S. 27th and S. 31st Avenues, will be constructed. Included in the
agreement are requirements for vacation of portions of S. 29th and 30th Avenues, improvements
to surrounding roads, water and sewer systems, technical standards related to City building and
zoning codes, and mitigation of all identified environmental impacts.
(Continued on page 2)
Resolution X Ordinance Other Development Agreement
Contract
Mail to (name and address):
Funding Source
Phone:
APPROVED FOR SUBMITTAL:
47C41/1 City Manager
STAFF RECOMMENDATION: Conduct the open record public hearing and approve the
accompanying resolution allowing the City Manager to execute the accompanying development
agreement.
BOARD/COMMISSION RECOMMENDATION: The Yakima City Council held the requested
public hearings regarding the associated rights-of-way vacations of portions of S. 29th and 30th
Avenues, and the Institutional Overlay/Master Development Plan hearing on December 7, 2010.
(Continued from page 1)
COUNCIL ACTION:
1
(Continued from page 1)
The Council approved the two applications and requested that the City Legal department return
with the appropriate legislation on January 18, 2011.
The Agreement will among other things implement the conditions of the final decisions,
eliminate uncertainty over development of the project, provide for the orderly development of the
project, mitigate all identified environmental impacts, and otherwise achieve the goals and
purposes for which the Development Agreement statute was enacted.
Approval of the Development Agreement is the second to last step in the environmental and
development review process. The last step is for the proponent to complete any required
mitigation identified in the development agreement and submit for building permits.
2
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