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Home My WebLink About01/18/2011 07A YVMH Approved Institutional Overlay/Master Development Plan Codification Agreement - Public Hearing BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. '/ 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. 27 and S. 31S 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. 27 and S. 31 Avenues, will be constructed. Included in the agreement are requirements for vacation of portions of S. 29 and 30 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): Phone: Funding Source APPROVED FOR SUBMITTAL: 1L 1/1 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. 29 and 30 Avenues, and the Institutional Overlay /Master Development Plan hearing on December 7, 2010. • (Continued from p age 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. 410 2 • RESOLUTION NO. R -2011- 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 large -scale institutional facilities with special Iocational needs and impacts which must be designed and perform in a manner that is compatible with surrounding and 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 36.70B.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 18 day of January, 2011. Micah Cawley, Mayor ATTEST: City Clerk • YAKIMA VALLEY MEMORIAL 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: Lts. 1 -22, NEILANS MEMORIAL HEIGHTS, "N " -25; Lts. 7 -17, GRANDVIEW SUBURBAN HOMES, "H "- 15; Lt. 3, DeFOE QUARTER ACRES, "H " -2; Lts. 11 & 12, GRANDVIEW HALF -ACRE TRACTS, "G " -12; Lts. 2 -18, NOB HILL ORCHARD HEIGHTS ADJOINING NORTH YAKIMA, "E " -25; Lts. 1 -11, Blk. 3, TIETON TERRACE ADDITION, "G " -34; ptn. SW '/ SW '/ and SE '/ SW '/ S23, T13N, R18EWM Complete legal descriptions are on Attachment "A ". ® Assessor's Tax Parcel ID Nos.: 181323= 33004, 33024, 33028, 33413, 33414, 33415, 33416, 33417, 33418, 33426, 33429, 33430, 33432, 33435, 33437, 33438, 33442, 33445, 33446, 33447, 33449, 33450, 33451, 33452, 33453, 33454, 33455, 33456, 33457, 33465, 33473, 33474, 33475, 33477, 33478, 33479, 33480, 33487, 33488, 33489, 33490, 33492, 33508, 33509, 33510, 34032, 34033, 34034, 34035, 34447, 34539 and 181323 -33436 (partial). Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 23 6.1 Definitions 24 6.2 Governing Law. 24 6.3 Amendment; Modifications. 24 6.4 Binding on Successors; Assignment; Enforcement. 26 411 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 2 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 YVMH from Dr. Palmer Wright as part of a boundary line adjustment. • 3 • Yakima Valley Memorial Hospital • Development Agreement January 10, 2011 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, YVMH submitted a Planned Development, Institutional Overlay, and Planned Action Environmental Review application (the "Master Development Plan Application ") for the Property to the City, in accordance with the Institutional Overlay chapter of the Yakima Municipal Code. On November 9, 2009, the City deemed the Master Development Plan Application complete and ready for processing. G. The City Planning Division reviewed the Master Development Plan Application under the State Environmental Policy Act ( "SEPA ") and issued a Determination of Significance and a Scoping Notice on November 10, 2009, SEPA #028 -09. Following the mandatory 20 -day comment period, the City issued a Final Scoping Decision on December 10, 2009, with regard to the Planned Action DRAFT Environmental hnpact 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 4 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 August 6, 2010 for the vacation of portions of South 29 Avenue and South 30 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 5 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 411 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. 41) 6 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 P PP P P P pp 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 • 7 Yakima Valley Memorial Hospital 4110 Development Agreement January 10, 2011 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, 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 campus 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. 8 Yakima Valley Memorial Hospital Development Agreement Januaiy 10, 2011 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 29 and South 30 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 • 9 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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; 411 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 31 Avenue (21 to 104 feet); north property line between South 31 and South 28 Avenues(125 to 133 feet); east property line between South 29 and South 28 Avenues (30 feet); north property line between South 28 and South 27 Avenues (40 to 42 feet); and South 27 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. 10 0 • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 rovided in accordance with the approved p pP landscaping plan described and depicted in Attachment "K ". Except as otherwise provided therein, site buffering and screening will adhere to Standard C as described in the provisions of Section 15.07.040 of the UAZO included as Attachment "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 detennine . the number of trips that will be generated and whether the plans for completing the required traffic mitigation needs to be adjusted: • ® 11 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 0 facility. These standards are derived from the Institute of Transportation Engineers (ITE) Parking Generation Manual (3' 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 12 • • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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, YVMH 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. • 13 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 YVMH 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 14 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 28 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 30 Avenue is closed and any Phase 2 improvements initiated. 4.4.2 South 29 Avenue Vacation. YVMH shall vacate South 29 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 29 Avenue will then be closed to vehicular traffic in accordance with the conceptual design depicted in Attachment "Q ". 4.4.3 South 30 Avenue Vacation. YVMH shall vacate South 30 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 30 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, YMCA 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 ". ® 15 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 4.5 Phase 2 Mitigation Measures: During Phase 2 YVMH shall implement the following mitigation measures, in accordance with the provisions of Attachment «P99 4.5.1 South 28 Avenue /Tieton Drive Intersection Improvements. a. Description of Improvement: YVMH shall install a traffic signal at the South 28 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. 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 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 16 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 410 16 • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 40 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 40 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 • • • 17 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 provision of the second eastbound left-turn lanes or the third through lane on N 40 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. 411 4.6.2 North 24 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 18 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 24 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. • 19 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 «P99 4.7.1 South 30 Avenue /Tieton Drive. Intersection Improvements. a. Description of Improvement: YVMH shall install a traffic signal at the South 30 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 pennitted 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 16 Avenue /Summitview Avenue Intersection: a. Description of Improvement: The YVMH pro rata contribution shall be limited to the cost of installation a westbound right -turn lane on Summitview Avenue at the intersection. 20 1' Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 40 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 410 21 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 16 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. YVMH 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 411 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. 22 1' • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 in 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 tern of this Agreement ( "Buildout Period "). All 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 not 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 City'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. 6. GENERAL PROVISIONS • 23 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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, storn 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; b. Adjustments to the height of buildings consistent with exterior setbacks and the provisions of the approved Master Development Plan; 24 410 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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. 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; • 25 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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; 411 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 26 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 tY Y P g o able 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 perform 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. • 27 Yakima Valley Memorial Hospital • Development Agreement January 10, 2011 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 1' • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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: Attn: Telephone: Facsimile: With a copy to: Velikanje Halverson, P.C. Michael F. Shinn P.O. Box 22550 405 E. Lincoln Avenue Yakima, WA 98907 Telephone: 509 248 -6030 • 29 Yakima Valley Memorial Hospital 411 • Development Agreement January 10, 2011 Facsimile: 509 453 -6880 With a copy to: MICHAEL BALMELLI 207 South 30 Avenue Yakima WA 98902 With a copy to: THOMAS MCLEAN and DEBORAH MCLEAN 205 South 30 Avenue Yakima WA 98902 With a copy to: PALMER WRIGHT • 8307 Viewcrest Way Yakima WA 98908 If to the City: • CITY OF YAKIMA 411 • 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 • 30 • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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. 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 been entered into between the City of Yakima and Yakima Valley Memorial Hospital as of the day of , 2011. YAKIMA VALLEY MEMORIAL HOSPITAL ASSOCIATION, a Washington non - profit corporation By: • Its: MICHAEL BALMELLI THOMAS MCLEAN DEBORAH MCLEAN PALMER WRIGHT CITY OF YAKIMA, a Political • 31 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 Subdivision of the State of Washington By: , Mayor APPROVED AS TO FORM: By: Jeffrey R. Cutter, City Attorney 32 • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 STATE OF WASHINGTON ) )ss. County of Yakima ) I certify that I know or have satisfactory evidence that , is the person who appeared before me and is the of Yakima Valley Memorial Hospital Association, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (s)he is authorized to execute the same instrument on behalf of the corporation. Given under my hand and official seal this day of , 2011. NOTARY PUBLIC in and for the State • of Washington, residing at My commission Expires: STATE OF WASHINGTON ) )ss. County of Yakima ) 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 day of 2011. NOTARY PUBLIC in and for the State of Washington, residing at My commission Expires: 33 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 STATE OF WASHINGTON ) )ss. County of Yakima ) 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 day of 2011. NOTARY PUBLIC in and for the State of Washington, residing at My commission Expires: STATE OF WASHINGTON )ss. County of Yakima ) 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 day of 2011. NOTARY PUBLIC in and for the State of Washington, residing at My commission Expires: 34 0 • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 STATE OF WASHINGTON ) . )ss. County of Yakima ) 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 day of 2011. NOTARY PUBLIC in and for the State of Washington, residing at My commission Expires: • STATE OF WASHINGTON )ss. County of Yakima ) I certify that I know or have satisfactory evidence that , is the person who appeared before me and is the Mayor of The City of Yakima, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be.the free and voluntary act and • deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the same instrument on behalf of the municipality. Given under my hand and official seal this day of , 2011. NOTARY PUBLIC in and for the State of Washington, residing at My commission Expires: 35 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 II: 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 January 10, 2011 37 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 38 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 • Lots 1 through 22, NEILANS MEMORIAL HEIGHTS, as recorded in Volume "N" of Plats, page 25, records of Yakima County, Washington. Assessor's Parcel Nos.: 181323- 33487, 33488, 33489, 33490, 33508 & 33509 Note: Assessor's Parcels 181323 -33508 and 181323 -33509 are owned by the Yakima Valley Memorial Hospital, but the improvements are owned by Yakima Valley Subsidiary, LLC. Lots 2 through 18, NOB HILL ORCHARD HEIGHTS ADJOINING NORTH YAKIMA, as recorded in Volume "E" of Plats, page 12, records of Yakima County, Washington. Assessor's Parcel Nos.: 181323 - 33426, 33429, 33430, 33432, 33435, 33437, 33438, 33442, 33445, 33446, 33447, 33449, 33450, 33451, 33452, 33453, 33454, 33455, 33456, 33457 & 33510. Note: The North 9 feet of the West % of Lot 16 and the West 1 /2 of Lot 17, NOB HILL ORCHARD HEIGHTS ADJOINING NORTH YAKIMA, as recorded in Volume "E" of Plats, page 12, records of Yakima County, Washington, Assessor's Parcel No. 181323- 33455, is owned by Mr. Mike Balmelli. Note: The West % 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 4 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. 41 • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 1/4 of the Southwest 1/4 of the Southwest '/ 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 '/ of the Southeast '/ of the Southwest '/ 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 '/ of the Southeast '/ of the Southwest '/ of said Section, being the intersection of the East line of 28 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; EXCEPT the East 72.5 feet thereof. Assessor 's Parcel No.: 181323 -34032 That portion of the Southwest '/ of the Southeast '/ of the Southwest '/ 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 '/ of the Southeast '/ of the Southwest '/ of said Section, being the intersection of the East line of 28 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 '/ of the Southeast '/ of the Southwest '/ of Section 23, Township 13 North, Range 18, E.W.M., described as follows: 39 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 BEGINNING at a point 30 feet North and 225 feet East of the Southwest corner of the Southeast 1/4 of the Southwest'/ of said Section; thence North 150 feet to the Southwest corner 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 '/ of the Southeast '/ of the Southwest '/ 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 '/ of the Southeast '/ of the Southwest '/ of said Section; thence West 95 feet; thence North 150 feet; thence East 101.14 feet; thence South 105 feet; thence Southwesterly to the point of beginning. Assessor 's Parcel No.: 181323 -34035 The East 1/4 of the North 65 feet of the South '/z of the Northwest '/ of the Southwest '/ of the Southwest'/ 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 411 That portion of the Southwest '/ of the Southwest '/ of the Southwest '/ 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 'h of the Southwest '/ of the Southwest '/ of the Southwest '/ 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 1/4 of the Southwest '/ of the Southwest '/ of the Southwest '/ 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 '/ of the Southwest '/ of the Southwest'/ of said Section; EXCEPT the West 186.44 feet; and EXCEPT the East 25 feet thereof. Assessor 's Parcel No.: 181323 -33024 40 • Yakima Valley Memorial Hospital Development Agreement . January 10, 2011 Lots 1 through 22, NEILANS MEMORIAL HEIGHTS, as recorded in Volume "N" of Plats, page 25, records of Yakima County, Washington. Assessor 's Parcel Nos.: 181323 - 33487, 33488, 33489, 33490, 33508 & 33509 Note: Assessor's Parcels 181323 -33508 and 181323 -33509 are owned by the Yakima Valley . Memorial Hospital, but the improvements are owned by Yakima Valley Subsidiary, LLC. Lots 2 through 18, NOB HILL ORCHARD HEIGHTS ADJOINING NORTH YAKIMA, as recorded in Volume "E" of Plats, page 12, records of Yakima County, Washington. Assessor's Parcel Nos.: 181323- 33426, 33429, 33430, 33432, 33435, 33437, 33438, 33442, 33445, 33446, 33447, 33449, 33450, 33451, 33452, 33453, 33454, 33455, 33456, 33457 & 33510. Note: The North 9 feet of the West 1/2 of Lot 16 and the West 1 /2 of Lot 17, NOB HILL • ORCHARD HEIGHTS ADJOINING NORTH YAKIMA, as recorded in Volume "E" of Plats, . page 12, records of Yakima County, Washington, Assessor's Parcel No. 181323 - 33455, is owned by Mr. Mike Balmelli. Note: The West I/2 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. • 41 • Yakima Valley Memorial Hospital Ill Development Agreement • January 10, 2011 • ATTACHMENT "B" Campus Boundary Map ittI t'l (l iu s • II _ . • • IL i ,I ' } - I_ ., - )1 !' irf•;: _ 1 J r — " {; i ' _ I _ L , PROPOSED CAMPUS BOUNDARY • I i.'_ , 1 _- } '' . I I ':: 'i I i i I ! i' I . , -. PROPOSED ADDITION TO THE { • , CAMPUS BOUNDARY .. , ..• ...., :, , ! f' =; >.. i ,....: , • , „,. } i 4:•,,....„,..:_„.....„•__., . '1 _n' WP 11 1; I •, .:,i : - • i i'; ,. "li „'(' .... ... ,.: .?:, ---,,,, - 4 ! . II. _ - ” .. ! . ; i . i% ! . .. : 1 •( r 7 i7'intirrnr 1 11 . - , 1 l ! .'1 i j .;_•i.iil'_i;h.:h t: ' • i`I YVMH r .:i:i iJ, 1. a! !1:;. } 1 : i Y re: - �1'� r ,n lu,4w I .,.. r . ' 113 I , :..,,, , ., ii { . : . ! r =J ::: ', '.., -:. ....:•:. • ci ,.. :1:::: ',.„.11,' - • ,, ::',; ''.... ....•::::::-;ias:C., 1 rl ; 'I.,: .; IL : l' -j;; ':r . ' '!SII; ,� ! " ..Jt.L , 1 a!_.;1J11 - i 4 . ''' Z! -- - f : s ' i� - I i • Tl emn Drive .�.�. „..«»,..„,......_.: ._,.I...� • • . el . • 42 • Yakima Valley Memorial Hospital Development Agreement • . January 10, 2011 Attachment "C" Intentionally Omitted • 43 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 Attachment "D" Intentionally Omitted 44 110 • • • Yakima Valley Memorial Hospital • Development Agreement • January 10, 2011 • • • . • • • Attachment "E" • • Site Plan • • . e ; e 1 1 1 1 1 1 t .1 I il 111•11, !I 1 11 t • ! ! r 1 I • =1It J . . • ■ ; - 1 • - I - ; ; • -; „ • , , . 1 -1. la . • • , , , • '41 _ L .. • ' • - - ...,.;:•;; ; - S'i•;•! . 107 — , 03i r ;d" - • — " - .T,_ 01.11De• - - 7 L ---"! I 1-n'1,141 • • ' ..•-• • . • 1 CAMPUS BOUNDARY — -; I l A "V458%pf. • , • • • • ... - JO • ' ' ', • - ' • " • "' - - - - d a.? • '.;• - 4 • • • ::: , , • . ; 134 „ • ^ 6•A • • 4 '1 1 ' ' '?-"," -44 -, ..k. ,, L; 1. 1 ° .4 1 !"•-ia'", • • • • _ • !t ( M . '6.011 ,t41 y • 1 4I0411111:0:*4441, - 1 .1 F • • - - ' '' 04 5 7- A;gB.403411r4.1, . I ;;;,-;-• • • 11.1 t • -." I • r - -•--•? • .16;4 7e/ 1 72 1 . - r gr717'• 7 :rfol,,,g1-40.aa?,1 ! .1 4.Qcis.;;PI IV•9 3 1y, , 7, I 1 • L - - 2 gli . 1- • - - "•• s'Vro 1E' *9') • 1- ! co • lit „L. • " ,. ' -1.4=terre, I t.'f • L. I 4 11 1 ;11 < ' 74.7 .4510,,P1, 1L. • . :1 I •-'' k r , 4 " ' "':;-6.1luft.AgEr e et 0 ip:-1.A14,•,. -41 t • ' 4t• ` • ; a 4 - ,• - ill - 1 - I • , klrk" ( " • . • pg: - .4 • ' .1. -rga ti• • ! c a , 'Z ' 44.0.4 - 1 I ' ' • •-• L we:ow e■ele em.re teeemegae.qmome 1••••••• . eton — rir rive — • ' Figure 26: Master Bile Plan at Bulld-Out • • • . 45 • • • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 0 Attachment "F" Existing Buildings 1. Yakima Valley Memorial Hospital 2. West Pavilion 1 3. West Pavilion 11 __ - -- enter • • : : ; 1 t 1 1 r 7. ; F_j , - � . 5 Rainier House ;,.• ... !..•...= ..,....:_ '_ '6. Grounds Maintenance r :,; , i..:: f Tieton House • ' = c ` , �� . Memorial I , ` , - ..� Foundation ` � ; rte } House - - • . i_ I _` , 11` � 9. Chinook House . _ ' t 3 a ; ' • ft f l. �• - 1 .• .wu14:: ;.673. 9 1 �: , . ' 0. Rirrirock House 11. Church ,' -• Li '• 3l1 ..b,"!,' f' {w�,..(0f! Ii } : 12. Residence 13.Residence .. • . _ • , �" ,,,,: -- } - -, - L IP • ., Residence 15. Residence :�... '' - f I Of t I > . ft_ - iiik;4:•.:; • 1 n i � Z 46 0 Yakima Valley Memorial Hospital Development Agreement • January 10, 2011 Attachment "G" Proposed Buildings and Additions 1. Yakima Valley Memorial Hospital 2. West Pavilion I 3. West Pavilion II 4. Early Learning Center 5 North Pavilion I 6 Ea Pavilion 7. Rainier House 8. Parking Garage 1 (PG -1) 9. Parking Garage 2 .i . t 10. Parking Garage 3 (PG -3) f 11.Parking Garage 4a (PG -4a) � I - 12.Parking Garage 4b (PG -4b) III • j I. i ...7 . "t 5.. , ma � ' `� 1 4 ..,,,,, _ , . ,. ,..._ _.....”..._ .,„ ,) .. ._ ® 47 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 Attachment "H" Pedestrian /Bike Path Routes ! s I i I r i . i .._ i i i ! 1 i I 1 j t t j ) '-' -' ' i 1 ' I 1 I I 1 ' i 1 { I t I t � ! � i � � I I l , 1 i I j n MD QM AV .. m...m. •q• awa•m m ane sar.a,wa` �c n OM OM taco u mLm�ew b4 mv.amee®ae oast <94. mm ..1,..,••••:,...., G • i i I I I I) 11 I t; 1 - !t i ' CV. ,.ett., e ,, 1h 1 5c l , G. ,v . " ' ' —.,.._ _ i I i m I (:.1 _..J j : ,p ._ I • — - - - -- y :,� . .� -' ". �( = :'1f It •L{ J ,' .b , . .,r.::7, -, ! ~:� _ ,I,, 1 III I ( _ e�' t I i n B pi' .. �� I : 1 i _. ._. i i _ ° _ 4tiV - f} j ;.. te I y� 3� p i .1., Yv; - � + t c�dti�+a`�y,'f+r,., I .� 1 -'� y P ' i li _.�._ - i _ I till ll Ill 1 ' F'i ` 1:4 *, �y —v.; '� .., • Stir! II ,I ) JE I �r. : l _ - 1_- _._._. -_,! , I T, h') I d 44 { p„ N M�,}�Y F. �{ ��jk' y 1 r1 >"` i�' 1 n l1 lyruh # $'' Ft. � � , I K • I I � r . ` s • It � L ' "�'� °�"�'�'' � 1 7°• '� 1 � k , � a'N �' )i Campus Access Points • _, -t--- °g " 1Y �:_ , i ) 1y,i 4 4,4 ^ ^ ;,-.— '1 �� 4 . .r Pedestrian Trail Loop �f ilt b .S v� , � - 4 -, r a . )v-F { . i T � ' I POO". Primary Employee Sidewalks $ a§ r ,0115'.."'A u ... - •: 9 Y -1 r N w . . ' ` O Primary Bike Path rr • q� � it 1 u 1f 1LI I'1il 1 ,'t } I At ,' I i.h .;' ` : A rJ . 1 � r 11 t • , � I N 1, — r�� = �`� ° .:k�'. - �- _ i Figure 19: Phase 5 81ke and Pedestrian Plan, WMII kMasles Plan • • 48 III • ' Yakima Valley Memorial Hospital Development Agreement • ID January 10, 2011 ' Attachment "I" Table 1, Mitigation Summary • Table 1 Summary of Mitigation Measures by Phase Phase 1 Phase 2 Phase 3 Phase 4/5 Summary of development activities _eneratin• net additional tri Is that require traffic miti_ation. Construction activities that Construction activities that will generate net new trips will generate net new trips • Construction activities that that require traffic that require traffic will generate net new trips mitigation: 46,000 sq. ft. mitigation: 184,000 sq. ft. . No new buildings or that require traffic addition to hospital; and, addition to hospital; and, additions are planned mitigation: 130,000 sq. ft. 27,000 sq. ft. of clinical 150,000 sq. ft. of new during this phase. addition to hospital. office space. medical office space. Summary of development activities not venerating net additional trips. Construction activities that will not create net additional trips include: a . 28,000 sq. ft. addition to • Energy Plant/Loading Construction activities that ® Dock; a new 12,000 sq. ft. Construction activities that will not create net Early Learning Center will not create net additional trips include: facility; two parking additional trips include: one or two parking garages; required one parking garage; garages; required Close campus and prepare mitigation measures; and, required mitigation mitigation measures; and, for construction in the demolition of measures; and, the the demolition of subsequent phases. buildings. demolition of buildings. buildings. Traffic Traffic Traffic Traffic 1. YVMH fair share payment of 19.4% of the I .YVMH installs traffic 1. YVMH fair share cost of installing a signal 1. YVMH fair share diverter at S. 28 Ave /W. payment of 1.8% toward at the intersection of S payment of 1.1% toward Walnut St. S. 16th Ave/Nob Hill Blvd 24th Ave /Tieton Drive or S. 40th Ave/Nob Hill Blvd intersection improvements. the installation of intersection improvements. intersection improvements as warranted. 2. YVMH fair share 2. YVMH installs traffic payment of 4% of the cost 2. YVMH fair share of installing a signal at the o 2. Vacate portion of S. 28'1' signal and dual intersection of N. 24th Payment of 4 /o toward southbound left-turn lanes N.16th Ave /Summitview. Avenue. at S. 28th Ave / Tieton Ave /Summitview Ave or Ave intersection the installation of Drive intersection. intersection.improvements improvements. as warranted. • • 49 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 3. City implements 3. YVMH fair share 3. Vacate portion of S. subsequent phases of payment of 2.4% toward paym ent of 9.5 ai�st award N. 40th Ave /Summitview 29th Avenue. approved BCNA traffic S. 16th Ave /Tieton Drive Ave intersection calming plan as warranted. intersection improvements. improvements. 4. City implements Phase 4. City implements 4. YVMH installs traffic 1 BCNA traffic calming subsequent phases of signal or improvements at improvements. approved BCNA traffic S. 30th Ave /Tieton Drive calming plan as warranted. intersection as warranted. 5. City implements subsequent phases of approved BCNA traffic calming plan as warranted. Parking • 1. Construction of the 1. Construction of the 1. Construction of the approved parking facilities approved parking facilities approved parking facilities resulting in the resulting in the resulting in the potential replacement of 493 surface replacement of 138 surface replacement of 676 surface 1. Construction of the parking spaces and the parking spaces and the parking spaces with up to approved parking facilities addition of 1,131 covered addition of 275 covered 2,400 covered parking adding 230 surface parking spaces for a net parking spaces for a net spaces for a net increase Of parking spaces for a total increase of 638 and a total increase of 137 and a total 1,724 and a total of up to of 1,650 parking spaces. of 2,288 parking spaces. of 2,425 parking spaces. 4,149. 2. Monitoring of parking 2. Monitoring of parking 2. Monitoring of parking 2. Monitoring of parking g P g g P g g P g g P g needs. needs. needs. needs. Stormwater • 1. Preparation of a storm water management plan in 1. Implementation of the 1. Implementation of the 1. Implementation of the accordance with approved storm water approved storm water approved storm water provisions of YMC. management plan. management plan. management plan. • 50 . Yakima Valley Memorial Hospital Development Agreement January 10, 2011 • Attachment "J" . • Building Setbacks . t ;i 4 ( . .,... ` ; ;'i • 'r • . :... - - -- -- • I: ) i' ' c_. ii :7i r 1 �• ( a ' � .� II 1 'I., I E . .1 T '—ii : ; . Po- � u ) : Y-v....w�...`. I' 1' , t' n .. . ` 6� m , , tit , r - [ fa . 1 .. .. • .I •` y [ L'i' f {'1.._. • :.' I. 'il 1i.1::! i NP ri: s. t t 1.i • .. __ :— ;,c._.... •` + ii .. .,.... .. ~ii i` .. -..... l i, _..' ... V Wo i ut t ., e .,.i. .. ' _. J :. .... ,) !' _ '''h : al . -�. '' _ ,,- tre l 1p . . tt � • ' -- , y,� WP II 1 'II! {1 • � � .�1. . ,�., "" ) I .� l � 'lrr ji.'7 :, _0" F . 1 1 t:� = ,:. : ' :1 ` "'rye ,, f 1 ir.. f�:: : I. ' ;)...1!! 1i�, r ,•p. pG -1: 'I 1P�0"- _'; °,i,.!I;'i::..= '''2_10rfrr i :' I' iI (' W�AH R c • WP I 111 + d {, om ....... =,.j. 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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 O. 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 Sitescreening Between Uses and Development Lowest Intensity District in which ADJACENT USE is a Class (1) Use Lowest Intensity LOWER ZONING DISTRICT INTENSITY > HIGHER Zoning District in which the R- R- R- B- B- M- M- • PROPOSED LAND USE R 1 2 3 1 2 SCC LCC AS GC BD RD , 2 SR II A C C C C C C C C • R -1 j C C C C C C C C C R -2 B C C C C C C C C R-3 MlaaliZIOMMION C C C • • B -1 B c B B B -2 C B . B B SCC C B B LCC . c • A B • AS C . GC C A B CBD C A B • RD l C C M-1 B B B A A C • M -2 c B B B B B B C • 53 • • • • Yakima Valley Memorial Hospital Development Agreement • January 10, 2011 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 -Lo West 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). • • • Yakima Valley Memorial Hospital • • Development Agreement • January 10, 2011 11110 • • • • • Attachment "M" • Proposed Phasing Plan '4.4PirNititt r icA V 317%Vi i iiekKAPSV4itaat t ii4OhniM P RO S IE M i triPia l t it TtelergigMT,t4 . 4r , le ., 144 , 41*AVAISt141#1q044,404.44R 5 V i tA 4 M1 p j • • • rlY { 1-. ;a Dig, 1474 rw:,:74,4-#4;nr).....$ Ac.N.L. ' , • " • "'" "'" ••" '• Hospu • • • Energy Plant/Loading Operational Support 28,000 East Addition . Patient Services 130,000 • • West Addition In Patient Beds/Surgery 46,000 South Addition Relocate Emergency Rm 184,000 - „ • ' " ' ' " • 1! , •••'•.••!": • T•;•,'•‘;`•,1n•n•T•3:1•1:::•••••,,•!•". •,11 '" , 45 •' L72?,... • q 1 .:.' n•— i '- ',.";;.;.J1i.,•'' . . • : 6 ":; • ,,i, n medical 50,000,4k. 11 East Pavilion Med:cal g-' Offices 0 5 6 ,j.,?0 r 50 000 North Pavifion Medical • • '`.",?•• 51....5••,,;:,—,',.1.7,1,",y,"...i;,,:•,••gSZn1%"1;1•'",;);••••;,1•;,•!*••:•';i1:••;:nnOn" Office 5";";.1-;" ^ ...„„ 100 000 . _ ■ C. <C4 Learning ahiing Centei*..; ; • .,„ .•„.• • • Rainier House Human Resources 2 039 2 039)?;.:-.:- Grounds Maintenance Equipment • , . ..„ „., n •• n' n- " • • rr•n• ••' " n".• •n• ni • i7•§86.- 0 • ,•• • 2.."..Ftp,i,,,11,1 • nnn' -- •' • •n^:•'n • ••n•'••:• n ' • '-'• • • ••-••"••• 110 • • 55 • • • • • • Yakima Valley Memorial Hospital Development Agreement January 10, 2011 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 56 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 ATTACHMENT "N" Parking Plan 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 I. 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 O. 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 57 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 4b Note: Depending on the actual demand Parking Garage PG -4b may be deferred or not built and the existing surface lot retained. 58 • Yakima Valley Memorial Hospital Development Agreement II I January 10, 2011 Attachment "0" Traffic Mitigation Pro Rata Share Cost Estimate Summary Prepared by City of Yakima August 2010 Phase Total Pro Rata Total Pro Rata Intersection Potential •Share at Phase Contribution at Anticipated Improvement of Need Build -out Dual eastbound $2,100,000 $2,100,000 . left -tum lanes • N. 40 Ave /Summitview Ave. Existing and today; third 1.3% in Phase 3 2.4% Phase 3 through lane on N. 40 In Phase 3 $27,300 $50,400 $350,000 $350,000 N. 24 Ave /Summitview Ave. Phase 3 Signalization 2.4% 4.0% • $8,400 $14,000 $250,000 $250,000 N. 16 AvelSummitview Ave. Phase 415 Westbound right- 4.0% 4.0% turn lane $10,000 $10,000 – $250,000 $250,000 . III S. 40 Ave /Nob Hill Blvd. Phase 415 Westbound right- 1.1 % 1.1 turn lane $2,750 $2,750 $2,000,000 $2,000,000 Dual left-turn lanes S. 16 Ave /Nob Hill Blvd. Phase 2 on the northbound 0.3% 1,8% and eastbound approaches $6,000 $36,000 $400,000 $400,000 S. 24 Ave/Tieton Dr. Signalization 11.6% 19.4% Phase 3 • $46,400 $77,600 $1,500,000 $1,500,000 S. 16 Ave/Tieton Dr, Phase 4/5 Dual eastbound 9.5% 9.5% Left -turn lanes _ $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 $300,000 0 59 Yakima Valley Memorial Hospital Development Agreement January 10, 2011 411 Attachment "P" Planned Action Ordinance 60 Januar)) 10, 2011 Yakima Valley Memorial Hospital Development Agreement III Attachment "Q" Conceptual Street Vacation Drawing '-'11 4. to I 1 • , 41, 1a,; - ; , rilti 't, lf,. .$,,‘ , ,1 1 „ „er,,yitiol ID_ .1. +.1 • , r oz- Tt 7 solyraatiA, 1 vcvti tiRA' 'F', ei 'LI i; ° ' I ' ligifFat ,Aye,,A0tv lF-- 1,Z.,... v., ` , II, .t.. ,, V,11 je0. ;P-7 z.. ■-'4. it? - fi 4 ',-VitV all) I , !,,011-41 , ,, , ,,,,. gii p- .374 4,g l't1144-1?". pi fi4; 7744, .kv . 0. 1 41 ,,-- -,--- - --4 - N f il` l i i , 3 A $•,‘ ' , '.'P f4Vag."4..41,112,,,....,,, ..45-..,:41.- 4A,.01,-.4,.-,:rle,' \lio 1. 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'.111 ' 7 . 2 ' , ',"-; f'r'' ;'...i 7. "::: i. ; U 0 4::> ' ;•N , -IT, : ii; ; i 1 - i - ji 7 : 1 • -----' -"' : ''''''' - WRIi- , i4 ' ' ' '-- 'i?' ' - "'" " ,' • ' i - - p- ,- '' •," ' • 1 , ' • .. , i, Pedestrian Trail Loop -- ------- -- - , . : ; •7: 7 , 'Add-' -' ",'--• - " '` - -- ---"--- :2.'2. .:."--i 4; .4 ;: .• . •'''',• . - , -... ; • ,'../..... • , / (00...........-...!..:7' • o 1•-:, • !',. h . '„ . ' _ .:.,, , - )- . 66 Primary Employee Sidewalks ; ., , Lj' :', , 3;.', ,. '';•'• .. ':-- 4 ' -, ' ----' , ._ . 1:-------- 0666 ....tft Primary Bike Path I i --- ----- - - - __,-, i TM T' -7 1,.. ,,, ,, ..,,,, . , . . k,.:•. , . -, 1 : i - - - i- --• ' ii*seelbooesseocee .-". ,;',, . - ' - - -. - 1- 7 -' tr - ;I 4 ■1..•1 i:1 111 .. ' '.,6 ' —, ..,,, Ep 1 • . < 6L.Sj ''-' ' , - ..%% ' - v . 5'. - iii i C... - i - ' • . 1,,:i ii;:: ;L , = — -4- ' -- _-•ke , • 4 4 .4.!„..4 ,; , -:.:•,.c - -= : op 1 1 . •. ;;;.--.: I ,....- ; = — ; to ..•.• : .::;- ' •-.4- 415 --- , cs, : , .. , rs, --. .. , ..... .......—.._...._ lii-: tt4:•;":: Tie ..". tonD7iv; —*----.—.—.—.----.---.—. --1.— -,, Figure 19: Phase 5 Bike and Pedestrian Plan, YVMH Master Plan January 18th, 201 1 City of Yakima, Council Chambers 129 N 2 St. Yakima, WA 98901 Re: Public Hearing on YVMH Institutional Overlay & Development Agreement Execution Mayor Cawley, Council Members, & City Staff Good Evening My name is Gary Forrest and I live at 3011 Barge St in Yakima. I am a Board Member of the Barge- Chestnut Association. The BCNA has openly supported Memorial's current draft of their Master Development Plan before this council in the past and do so today. We support the environmental and vacation conditions that are associated with it. However, we continue to be concerned about the limits the City has imposed on traffic mitigation within their development agreement with Memorial and will carefully monitor the situation as all of this unfolds in the coming years. I stress the importance of this final point with the utmost sincerity; the Barge- Chestnut Traffic Calming devices need to be in place close to the time when Memorial alters traffic at 28th and Walnut or closes South 30th Ave at its northern property line, preferably before. Any thing else will leave our neighborhood streets unprotected especially Yakima, Chestnut, 24th and 32 Thank you again for time to speak. . 1); st f M g -yn Yakima Valley Memorial Hospital Development Agreement January 10, 2011 Lots 1 through 22, NEILANS MEMORIAL HEIGHTS, as recorded in Volume "N" of Plats, page 25, records of Yakima County, Washington. Assessor's Parcel Nos.: 181323 - 33487, 33488, 33489, 33490, 33508 & 33509 Note: Assessor's Parcels 181323 -33508 and 181323 -33509 are owned by the Yakima Valley Memorial Hospital, but the improvements are owned by Yakima Valley Subsidiary, LLC. Lots 2 through 18, NOB HILL ORCHARD HEIGHTS ADJOINING NORTH YAKIMA, as recorded in Volume "E" of Plats, page 12, records of Yakima County, Washington. Assessor's Parcel Nos.: 181323 - 33426, 33429, 33430, 33432, 33435, 33437, 33438, 33442, 33445, 33446, 33447, 33449, 33450, 33451, 33452, 33453, 33454, 33455, 33456, 33457 & 33510. Note: The North 9 feet of the West % of Lot 16 and the West % 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 % 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. 41 7,4 VI 9/ ii ExfN'cbH+- t'H re- p(a_�-rne .-b - - -. di 'F bufr2-0) by. . - . A C^saTB 47-1.0 6S.:=3. dG°ry �5gy^g m C.:J : ;,"fi�. • • • G-4 "":"'€ 9 t t c 1 • ` t e N P ( f ...._ I :Ei _I _ V /, ,S (' # Z _v �•InutStreet •.._,•....•.. -... ,- 1 , s 1 % P Z °� 3 1 l es r L6 r �., F, > t' j3 • W P 1 ; ' I _ ix •, . ' . .- i''� 1? # Campus Access Points • ..4. A dd K -WPI >;3,x -t • • Pedestrian Trail Loo p _ � r: ..., __.. FF Primary Employee Sidewalks �i . •t F r 3 i 1 Primary Bike Path t l t t t f t l - 4 I \ t L N .. - '1 Figure 19: Phase 5 Bike and Pedestrian Plan, YVMH Master Plan