HomeMy WebLinkAbout06/07/2022 08. Public hearing and Ordinance to consider the Hearing Examiner's recommendation regarding a right-of-way petition submitted by Pape Properties Inc to vacate a portion of right of way in the southwest corner of"Tract B" where S 18th St become Y�'1114'+
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of: June 7, 2022
ITEM TITLE: Public hearing and Ordinance to consider the Hearing Examiner's
recommendation regarding a right-of-way petition submitted by
Pape Properties Inc to vacate a portion of right of way in the
southwest corner of"Tract B" where S 18th St becomes Pacific
Ave.
SUBMITTED BY: Joan Davenport,AI CP, Community Development Director
Joseph Calhoun, Planning Manager
Trevor Martin,Al CP, Senior Planner(509) 575-6162
SUMMARY EXPLANATION:
On January 26, 2022, the City of Yakima Department of Community Development received a
petition from Pape Properties Inc for the vacation of a portion of right-of-way in the southwest
corner of"Tract B" where S 18th St becomes Pacific Ave, located in the Regional Development
(RD)zoning district. The proponent has requested this vacation for the purpose of constructing a
24,000 sq ft building to serve a farm/implements and tools and heavy construction equipment
business. There are no future City plans for development of the subject right-of-way.
On April 14, 2022, the Hearing Examiner for the City of Yakima conducted an open-record public
hearing regarding the requested right-of-way vacation. On April 28, 2022, the Hearing Examiner
issued a recommendation stating that the right-of-way be vacated pending City Council approval.
The complete hearing record was distributed to City Council in the agenda packet on May 17,
2022 and can be found online at: https://www.yakimawa.gov/council/agendas-and-minutes/
To participate in this public hearing please refer to the Public Comment Guidelines
at:https://www.yakimawa.gov/council/public-comment/
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
2
Conduct public hearing and pass ordinance.
ATTACHMENTS:
Description Upload Date Type
D Ordinance 5/24/2022 Ordinance
❑ Exhibit A_Legal Description 5/24/2022 Backup Material
D Exhibit B_HE Recommendation 5/24/2022 Backup Material
3
ORDINANCE NO. 2022-
AN ORDINANCE relating to land use; vacating a portion of public right-of-way, along a street
that extends along Pacific Ave., in the City of Yakima, Washington.
WHEREAS, by petition dated January 25, 2022 (Petition #22-01), Pape Properties Inc.,
requested to vacate a portion of platted City of Yakima right-of-way more particularly described in
Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, the City of Yakima has no future plans for development of this unpaved,
platted alleyway right-of-way; and
WHEREAS, Pape Properties Inc., the applicant/petitioner for this right-of-way vacation,
own all parcels abutting the property subject to this petition for vacation; and
WHEREAS, on April 14, 2022, the Hearing Examiner for the City of Yakima conducted an
open-record public hearing regarding the requested right-of-way vacation; and
WHEREAS, on April 28, 2022, the Hearing Examiner issued the Hearing Examiner's
Recommendation regarding RWV#001-22, (the "recommendation") recommending that the
platted street right-of-way be vacated, and said recommendation is attached hereto and
incorporated herein by this reference as Exhibit "B"; and
WHEREAS, at an open-record public hearing held on June 7, 2022, the City Council
considered the requested right-of-way vacation, including the documents and other evidence
which comprise the record developed before the Hearing Examiner, the Hearing Examiner's
Recommendation, and the statements and comments of interested persons; and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner in
response to the requirements and criteria of RCW Chapter 35.79,together with the City of Yakima
street vacation policy (YMC Ch. 14.21), are correct and appropriate, and that the same should be
adopted by the City Council as its findings herein; and
WHEREAS, compensation to the City is not necessary for this right-of-way vacation due
to the City having not purchased, maintained, or made any improvements to the public right-of-
way, has no plans to do so, and has been a dedicated public right-of-way for at least five years,
in accordance with YMC § 14.21.070 (A) (4); and
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following to approve the requested right-of-way vacation; now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The unimproved portion of street right-of-way beginning a short distance
Pacific Ave. and extending southwesterly along S. 18'h St. abutting parcel 191320-34017, more
particularly described in Exhibit "A", attached hereto and incorporated herein by this reference, is
hereby vacated by the City of Yakima.
4
Section 2. The findings, conclusions and conditions within the April 28, 2022 Hearing
Examiner's Recommendation (RWV#001-22) regarding this right-of-way vacation are hereby
adopted by the City Council as its findings, conclusions and conditions in support hereof, pursuant
to City vacation policy and RCW Chapter 35.79, and are incorporated herein by this reference as
if fully set forth herein.
Section 3. The right-of-way vacation granted by this ordinance is expressly
conditioned on The Pape Properties Inc. satisfaction of the following conditions, as stated on page
10 of the Hearing Examiner's Recommendation:
A) The area within the vacated right-of-way shall be zoned Regional Development
(RD);
B) A detailed site plan shall be provided which accurately shows all existing utilities
within the right-of-way area to be vacated;
C) A public utility easement shall be reserved and/or granted to provide access for
the future operation, maintenance and/or replacement of any existing utilities with
the area of the vacated right-of-way; and
D) The legal description in the record for the area within the vacated right-of-way
which was provided by a professional land surveyor as follows:
That portion of existing City of Yakima right of way shown on that certain Short Plat
recorded in Book 84 of Short Plats, Page 88, records of Yakima County,
Washington, and labeled as "Additional R/W herein dedicated" and more
particularly described as follows:
That portion of City of Yakima road right of way, within Section 29, Township 13
North, Range 19 East, W.M., lying westerly of Low 1 of said Short Plat and lying
northwesterly of a line adjacent to, parallel with and 45 feet northeasterly of the
following described line:
Commencing at the Northwest corner of Section 29, Township 13 North, Range
19 East, W.M.; thence S89°30'E along the north line of said Section, a distance of
2083.66 feet to the point of beginning; thence along the arc of a curve to the right,
having a central angle of 64°33' and a radius of 380 feet; thence S24°57'E, a
distance of 346.38 feet; thence along the arc of a curve to the right, having a central
angle of 24°58' and a radius of 700 feet to the terminus of the herein described
line.
Section 4. Severability: If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall
not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter, and the vacation approved
herein shall be effective upon recording with the Yakima County Auditor. The City Clerk is hereby
authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor.
5
PASSED BY THE CITY COUNCIL, signed and approved this 7th day of June, 2022.
ATTEST: Janice Deccio, Mayor
Sonya Clear Tee, City Clerk
Publication Date:
Effective Date:
6
Exhibit A
Pape' Properties
Pacific Ave/So 18`' Ave. R/W to be vacated
Legal Delscription
That portion of existing City of Yakima right of way shown on that certain Short Plat
recorded in Book 84 of Short Plats, Page 88, records of Yakima County,Washington,
and labeled as"Additional RPM herein dedicated"and more particularly described as
follows.
That portion of City of Yakima road right of way,within Section 29, Township 13 North,
Range 19 East, W.M., lying westerly of Lot 1 of said Short plat and lying northeasterly of
a line adjacent to, parallel with and 45 feet northeasterly of the following described line:
Commencing at the Northwest corner of Section 29, Township 13 North, Range 19
East,W.M.;thence S89°30'E, along the north line of said Section. a distance of 2083.66
feet to the point of beginning; thence along the arc of a curve to the right, having a
central angle of 64'33' and a radius of 380 feet; thence S24°57'E, a distance of 346.38
feet; thence along the arc of a curve to the right, having a central angle of 24°58' and a
radius of 700 feet to the terminus of the herein described line.
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RECORDS CF YANIMA COUNTY,WASHINGTON
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PARCEL NNRNAWON LffiPyp. ` WEDEN ENGINEERING.uc PRELIMINARY SHORT PLAT
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8
EXHIBIT "B"
City of Yakima, Washington
Hearing Examiner's Recommendation and Decision
April 28, 2022 RECEIVED
APR 2 8 2022
In the Matter of Applications for )
YAKIMA
Vacation of Right-of-Way and CITY OF
g y for ) COMMUNITY DEVELOPMENT
Type (3) Review Submitted by: )
) RWV#001-22
Pape Properties, Inc. ) CL3#004-21
) SEPA#030-21
For Vacation of a Portion of Street )
Right-of-Way and to Construct a )
Building for the Sale & Servicing of )
Farm Implements, Tools and Heavy )
Equipment at 1600 Pacific Avenue )
A. Introduction. The Hearing Examiner conducted an open record public
hearing on April 14, 2022, pursuant to requisite notice of the date, time and place.
The findings relative to the public hearing for these applications may be
summarized as follows:
(1) The detailed staff report which was prepared and presented by Senior
Planner Trevor Martin recommended approval of these applications subject to
conditions. No other testimony was presented.
Pape Properties, Inc. 1
Vacation of Right-of-Way;
And Building for Sales&
Service of Farm Implements,
Tools& Heavy Equipment;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
9
(2) Written comments were received prior to the hearing from the
Washington State Department of Ecology relative to an NPDES Permit and a
Stormwater Pollution Prevention Plan as well as from the Washington State
Department of Archaeology and Historic Preservation relative to a Cultural
Resources Survey.
(3) This recommendation and decision has been issued within ten business
days of the open record public hearing.
B. Summary of Recommendation and Decision. This Recommendation and
Decision (i) recommends that the City Council approve the requested vacation of a
small portion of unused street right-of-way and (ii) decides that the proposed
building for the sale and servicing of farm implements, tools and heavy equipment
satisfies the criteria for approval of the Class (3) use.
C. Basis for the Recommendation and Decision. Based upon the Hearing
Examiner's view of the site with no one else present on April 12, 2022; his
consideration of the staff report, exhibits, testimony and other evidence presented
at an open record public hearing on April 14, 2022; and his review of the criteria
for vacation of street right-of-way in Chapter 14.21 of the Yakima Municipal
Code and the criteria for consideration of Class (3) use applications in the Yakima
Urban Area Zoning Ordinance, Title 15 of the Yakima Municipal Code (YMC);
the Hearing Examiner issues the following findings, conclusions, recommendation
and decision: RECEIVED
Pape Properties, Inc. 2
APR 2 8 2022
Vacation of Right-of-Way; CITY OF YAKIMA
And Building for Sales& COMMUNITY DEVELOPMENT
Service of Farm Implements,
Tools& Heavy Equipment;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
10
FINDINGS
I. Petitioner/Applicant. The petitioner/applicant is Pape Properties, Inc., 355
Goodpasture Island Road, Eugene, Oregon 97401.
II. Property Owner. The property owner is also Pape Properties, Inc., 355
Goodpasture Island Road, Eugene, Oregon 97401.
III. Location. The location of the small portion of unused street right-of-way
that is the subject of this petition for vacation is along the northeastern side of the
South 18th Street right-of-way where it turns into Pacific Avenue west of the
southern part of the former Yakima Speedway racetrack. The location of the
proposed building for the sale and servicing of farm implements, tools and heavy
equipment is 1600 Pacific Avenue in the parking area for the former Yakima
Speedway. The Yakima County Assessor's Tax Parcel Number is 191320-34017.
IV. Applications. The main aspects of these applications are as follows:
(1) The Right-of-Way Vacation application was received by the City
Planning Division on January 25, 2022. It requests vacation of approximately
6,636 square feet of unused and unimproved street right-of-way located behind a
fence on the northeast side of South 18th Street at the curve to Pacific Avenue west
of the southern part of the former Yakima Speedway racetrack. The triangular-
RECEIVED
Pape Properties, Inc. 3
Vacation of Right-of-Way; - APR 2 8 2022
And Building for Sales& CITY OF YAKIMA
Service of Farm Implements,
Tools& Heavy Equipment; COMMUNITY DEVELOPMENT
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
11
shaped area of right-of-way proposed for vacation is shown on Document Index
B-1 in the record. In return the petitioner is dedicating approximately 5,347 square
feet along the frontage of its property to increase by 10 feet the right-of-way width
for Pacific Avenue. This application was deemed complete for processing on
February 4, 2022, and is being processed under YMC Chapter 14.21 relative to
right-of-way vacations. Those provisions require a Hearing Examiner recom-
mendation to the City Council to be based on findings and conclusions pursuant to
YMC Chapter 1.43, YMC Chapter 14.21 and RCW Chapter 35.79. The Sections
below which are applicable to the Hearing Examiner's recommendation to the
City Council relative to the requested vacation of street right-of-way are Sections
VII (Findings), VIII (Conclusions) and IX (Recommendation).
(2) The applications for Type (3) Review and SEPA Environmental Review
were received on November 5, 2021, and were also deemed complete for
processing on February 4, 2022. The applications request approval of a use within
a building approximately 24,200 square feet in size which the applicant describes
as a John Deere Agricultural and Turf facility. The primary business conducted
within the facility would be to sell new John Deere tractors and lawnmowers and
to provide lifetime maintenance repairs as well as parts sales for this equipment to
the agriculture and small consumer market. The building would house office/
showroom space for the sales of John Deere farm products and small consumer
products, would be equipped with a parts warehouse for storage of tractor parts,
and would have offices for staff to coordinate daily transactions. A maintenance
bay would be used to service tractors and mowers. The building would be located
on a separate lot about 8 acres in size when Preliminary Short Plat PSP#015-21 is
finalized. The application states that Pape builds state of the art facilities that
create a high-image presence; currently employs around 25 people at the current
location; would plan to employ more than 30 people upon building a new, bigger
facility; offers average annual wages approximately 40% higher than the current
City of Yakima average per capita; and is a significant tax generator for the region
as illustrated by the fact that similar-sized Pape operations in this region generated
over $1.5 million in such tax payments in 2019. This application is being
processed under YMC Chapter 15.15 for Type (3) Review which requires the
RECEIVED
Pape Properties, Inc. 4
Vacation of Right-of-Way; APR 2 8 2022
And Building for Sales&
Service of Farm Implements, CITY OF YAKIMA
Tools & Heavy Equipment; COMMUNITY.pEVELOPMENT
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
12
Hearing Examiner to make a decision based on written findings and conclusions
which could be appealed to the Yakima City Council by an aggrieved party. The
Sections below which are applicable to the Hearing Examiner's decision relative
to the proposed Class (3) use are Sections X (Findings), XI (Conclusions) and XII
(Decision) which would only require consideration by the City Council if someone
were to appeal the decision. That is not likely since no one submitted written
comments or testimony in opposition to the proposed use.
(3) The City has issued a separate decision approving a Class (2) truck sales
and leasing use within a proposed Pape Kenworth Northwest building that will be
approximately 31,137 square feet in size to be constructed east of the building here
proposed. It will be in the area of the southern portion of the former Yakima
Speedway racetrack. It will be located on its own lot which is also owned by Pape
Properties, Inc. That lot will also be approximately 8 acres in size as soon as
Preliminary Short Plat PSP#015-21 is finalized so as to divide the existing parcel
which is approximately 16 acres in size into two lots. Both buildings are shown
on Document Index C-1 in the record.
V. Notices. Notices of the public hearing of April 14, 2022, were provided in
the following manners:
Mailing of notice to property owners within 300 feet: March 7, 2022
Publishing of notice in the Yakima Herald-Republic: March 7, 2022
Posting of notice on the property: March 10, 2022
VI. Environmental Review. A Notice of Application and SEPA Environmental
Review was mailed to SEPA agencies, the applicant, and adjoining property
owners within 300 feet of the subject property on March 7, 2022. Two SEPA
agency comments were received during the comment period that ended on March
RECEIVED
Pape Properties, Inc. 5
Vacation of Right-of-Way;
And Building for Sales& A � 2 207?
Service of Farm Implements, CITY OF ynuvq
Tools & Heavy Equipment; COMMUNITY.DES
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
13
28, 2022. They were from the Washington State Department of Ecology regarding
an NPDES Permit and Stormwater Pollution Prevention Plan (Erosion Sediment
Control Plan), as well as from the Washington State Department of Archaeology
and Historic Preservation regarding a Cultural Resources Survey. A SEPA
Determination of Nonsignificance (DNS) was issued on March 29, 2022. The
DNS became final without any appeal being filed.
VII. Right-of-Way Vacation Findings. The Findings relative to the recom-
mendation to the Yakima City Council regarding this petition for right-of-way
vacation are as follows:
(1) City Council Resolution: The Yakima City Council by Resolution No.
R-2022-032 referred the street or alley right-of-way vacation Petition No. 22-01 to
the Hearing Examiner to hold a public hearing on April 14, 2022, at 9:00 a.m. and
to make a recommendation to the City Council regarding the petition. The petition
was signed by a representative of Pape Properties, Inc. which owns 100% of the
contiguous private property. This recommendation is being submitted to the City
Planning Division within 10 business days of that hearing.
(2) Hearing Examiner Authority: The Hearing Examiner has jurisdiction to
conduct public hearings on petitions and resolutions to vacate streets and public
right-of-way pursuant to YMC §1.43.080(H) and YMC Chapter 14.21 which
provide that the Hearing Examiner shall make a recommendation regarding such
matters to the Yakima City Council.
(3) Urban Area Zoning Ordinance: Street rights-of-way are not technically
within any zoning classification. However, upon vacation they acquire the same
zoning that is applicable to the contiguous property. In this case, the contiguous
property is zoned Regional Development (RD).
RECEIVED
Pape Properties, Inc. 6 APR 2 8 202Z
Vacation of Right-of-Way; •
And Building for Sales& CITY OF YAKIMA
COMMUNITY DEVELOP/Or-NT
Service of Farm Implements,
Tools&Heavy Equipment;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
14
(4) Yakima Comprehensive PIan 2040: Street rights-of-way likewise do
not have an underlying Comprehensive Plan designation. But upon vacation the
vacated area is likewise designated the same as the contiguous property. In this
situation, the vacated right-of-way area would have a Comprehensive Plan Future
Land Use Map designation of Regional Commercial.
(5) Revised Code of Washington (RCW) Chapter 35.79: This chapter of
state law prescribes the state's requirements for the process of vacating street
right-of-way. All requirements of this chapter that can be accomplished prior to
the public hearing have been fulfilled. State law provides that the property within
the limits to be vacated shall belong to the owners of the lots abutting each side of
the vacated area, one-half to the owners on each side of the vacated area (RCW
35.79.040). This petition presents an exception because one side of the right-of-
way area proposed for vacation is right-of-way for South 18th Street. The entire
area to be vacated in this situation would belong to Pape Properties, Inc. because it
owns the only property contiguous to the public right-of-way which is not itself
public right-of-way.
(6) Public Use of The Right-of-Way: The subject portion of the right-of-
way to be vacated is completely unimproved on the surface. No curb, gutter or
asphalt are located on this portion of right-of-way.
(7) Criteria #1 for Vacation of Right-of-Way (YMC 14.21.050(A)(1)):
What is the public benefit, reason for, and limitations of the proposed right-of-way
vacation? The right-of-way proposed for vacation is limited to approximately
6,636 square feet. It is currently located behind a private fence line which would
make it difficult for the City to maintain. Transferring the responsibility for future
maintenance and the potential for liability from the City to the petitioner would be
a public benefit. The subject area is unimproved and the City has no plans to ever
improve or use this area. This portion of right-of-way can best be used as part of
the adjacent property which has been approved for the Pape Kenworth Northwest
building and parking area. Since there is a sewer line near this section of right-of-
way, a sewer easement will have to be retained on the site for any portion of the
RECEIVED
Pape Properties, Inc. 7
Vacation of Right-of-Way; PR 2 8 2022
And Building for Sales&
Service of Farm Implements, CITY OF YfkK[r41
Tools& Heavy Equipment; COMMUNITY DE. Lj_J fj:4;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
15
sewer line that will no longer be within the right-of-way and will instead be on
private property as a result of this right-of-way vacation.
(8) Criteria #2 for Vacation of Right-of-Way (YMC §14.21.050(A)(2)):
Does the vacation deny any property sole access to a public street? This right-of-
way vacation would not deny any property access to a public street.
(9) Criteria #3 for Vacation of Right-of-Way (YMC §14.21.050(A)(3)): Is
the proposal consistent with existing plans of the City such as the Six-Year
Transportation Improvement Plan, the Urban Area Comprehensive Plan or other
official City plans and policies)? The City's current Six-Year Transportation
Improvement Plan (TIP) does not include any planned improvements to the right-
of-way that is proposed for vacation. Nor would approval of the right-of-way
vacation be inconsistent with the Comprehensive Plan or any other official City
plans and policies.
(10) Criteria#4 for Vacation of Right-of-Way (YMC §14.21.050(A)(4)): Is
the vacation request appropriate with existing and anticipated development in the
area, based on zoning, current use and Iong range plans? There is no anticipated
development that would be adversely affected by approval of this requested right-
of-way vacation. The vacated right-of-way area could be used in conjunction with
the anticipated development of approved regional development uses on adjacent
property. That use of the vacated area would be appropriate based on the current
Regional Development (RD) zoning, the approved future use of adjacent property
and the lack of any long range plans for public use of the area.
(11) Criteria #5 for Vacation of Right-of-Way (YMC 14.21.050(A)(5)):
Are there any public or franchised utilities in the right-of-way to be vacated and if
so, will they be relocated? There is a City of Yakima sewer line within the street
right-of-way. If the requested vacation of right-of-way causes a portion of the
sewer line to be outside of the public right-of-way and instead on private property,
an easement for the continued operation, maintenance and/or repair of the sewer
line shall be reserved by the City and/or granted by the petitioner.
�ECEIVEO
APR 2 8 2022
Pape Properties, Inc. 8 CIIy OF yE 04p
Vacation of Right-of-Way; COMMUNITY pE�LLOI,�fEr�T
And Building for Sales&
Service of Farm Implements,
Tools&Heavy Equipment;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
16
(12) Criteria #6 for Vacation of Right-of-Way (YMC §14.21.070(A)(4)):
Whether compensation should be required in return for vacation of the right-of-
way? YMC §14.21.070(A)(4) provides: "No compensation may be required if the
city has not purchased, maintained, or made any improvements to the public right-
of-way, there is no planned or anticipated public purpose existing for maintaining
the public right-of-way as determined by the planning commission or development
services team (DST), and the public right-of-way has been a dedicated right-of-
way in the city for at least five years." The City has not purchased, maintained or
improved the area proposed for right-of-way vacation. During the DST meeting,
no City divisions indicated that improvements are planned for the right-of-way
area proposed for vacation or that any anticipated public purposes exist for
maintaining that portion of the right-of-way. The area of right-of-way proposed for
vacation has been a dedicated right-of-way in the City for more than the requisite
five years. In contrast to the vacation of a right-of-way area that the City has no
plans or need to use, the City will be receiving from petitioner a dedication of
about 5,347 square feet of additional street right-of-way along the frontage of
petitioner's property that the City does plan to use as 10 feet of additional right-of-
way width for Pacific Avenue. But even without that public benefit to the City,
payment of compensation to the City for the right-of-way area proposed for
vacation of approximately 6,636 square feet is not required by the criteria
established in YMC §14.21.070(A)(4).
VIII. Right-of-Wav Vacation Conclusions. The Conclusions relative to the
recommendation to the Yakima City Council regarding the requested right-of-way
vacation are as follows:
(1) Petition signatures for this requested vacation of right-of-way were
obtained from the necessary two-thirds of the property owners fronting this area
proposed for right-of-way vacation. In fact, the petitioner/property owner Pape
Properties, Inc. owns 100% of the property fronting on this area that is not also
public right-of-way on all other sides. RECEIVED
Pape Properties, Inc. 9 •
APR 2 8 ,2027
Vacation of Right-of-Way;
And Building for Sales& CITY OF YAKIMA
Service of Farm Implements, CDMMUNITY DEV�! )PI,.Lr r
Tools& Heavy Equipment;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
17
(2) The area of the right-of-way proposed for vacation is a contiguous
portion of South 18th Street.
(3) If this requested vacation of right-of-way is approved, the vacated right-
of-way will be zoned the same as the contiguous private property which is
Regional Development (RD).
(4) Approval of the requested right-of-way vacation would not cause any
properties to be denied sole access to the public street system.
(5) The petition for vacation of this public right-of way does not conflict
with any planned street improvement projects or other plans or projects of the City
of Yakima.
(6) Approval of the requested right-of-way vacation would benefit the City
by relieving it of future maintenance responsibilities for an area that is not needed
for any public purpose.
(7) All necessary requirements for the vacation of street right-of-way
prescribed by RCW Chapter 35.79 and YMC Chapter 14.21 are satisfied.
(8) YMC §14.21.070(A)(4) provides that compensation to the City is not
required for the vacation of this street right-of-way area.
IX. Right-of-Way Vacation Recommendation. The Hearing Examiner
recommends to the Yakima City Council that this petition for vacation of
approximately 6,636 square feet of South 18th Street right-of-way adjacent to
property owned by Pape Properties, Inc. be APPROVED subject to the following
conditions:
(A) The area within the vacated right-of-way shall be zoned Regional
Development (RD);
RECEIVED
Pape Properties, Inc. 10 APR 202
Vacation of Right-of-Way; CITY OF vP,I(i�,4n.
And Building for Sales& COMMUNITY
Service of Farm Implements,
Tools&Heavy Equipment;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
18
(B) A detailed site plan shall be provided which accurately shows all
existing utilities within the right-of-way area to be vacated;
(C) A public utility easement shall be reserved and/or granted to provide
access for the future operation, maintenance and/or replacement of any existing
utilities within the area of the vacated right-of-way; and
(D) The legal description in the record for the area within the vacated right-
of way which was provided by a professional land surveyor is as follows:
That portion of existing City of Yakima right of way shown on that certain
Short Plat recorded in Book 84 of Short Plats, Page 88, records of Yakima
County, Washington, and labeled as "Additional R/W herein dedicated"
and more particularly described as follows:
That portion of City of Yakima road right of way, within Section 29,
Township 13 North, Range 19 East, W.M., lying westerly of Lot 1 of said
Short Plat and lying northeasterly of a line adjacent to, parallel with and 45
feet northeasterly of the following described line:
Commencing at the Northwest corner of Section 29, Township 13 North,
Range 19 East W.M.; thence S89°30'E along the north line of said Section,
a distance of 2083.66 feet to the point of beginning; thence along the arc of
a curve to the right, having a central angle of 64°33' and a radius of 380
feet; thence S24°57'E, a distance of 346.38 feet; thence along the arc of a
curve to the right, having a central angle of 24°58' and a radius of 700 feet
to the terminus of the herein described line.
X. Hearing Examiner's Class (3) Conditional Use Findings for the
Proposed Use of the Proposed Building and Its Associated Parking. The
Hearing Examiner's findings and conclusions are required by YMC §15.15.O4O(I)
to set forth specific reasons and ordinance provisions demonstrating that his
RECEIVED
Pape Properties, Inc. 11
Vacation of Right-of-Way; APR 2022
And Building for Sales& CITY OF Y/tirtghr,
Service of Farm Implements, COMMUNITY DCrLL.k..! n;: ..;
Tools&Heavy Equipment;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
19
decision satisfies the following requirements set forth in YMC §15.02.020, YMC
§15.04.020(C) and YMC §15.15.040(I). The Findings relative to the Hearing
Examiner's decision regarding this Class (3) Conditional Use application for
approval of the proposed use for a building approximately 24,200 square feet in
size that would be used for the sale and servicing of farm implements, tools and
heavy equipment on an 8.01-acre parcel at 1600 Pacific Avenue, as described in
more detail above, are as follows:
(1) Hearing Examiner Authority: The Hearing Examiner has jurisdiction to
conduct public hearings and issue findings, conclusions and decisions regarding
applications for approval of Class (3) Conditional Uses in accordance with YMC
§1.43.080(A) and YMC Chapter 15.15.
(2) Urban Area Zoning Ordinance: YMC Table 4-1 in YMC Chapter 15.04
entitled "Permitted Land Uses" provides that "Farm and Implements, Tools and
Heavy Construction Equipment" uses are Class (3) uses in the Regional Develop-
ment (RD) zoning district. YMC §15.04.020(C) provides: "Class (3) uses are
generally not permitted in a particular district, but may be allowed by the hearing
examiner after a Type (3) review and public hearing. The hearing examiner may
approve, deny, or impose conditions on the proposed land use and site improve-
ments to promote compatibility with the intent and character of the district and the
policies and development criteria of the Yakima urban area comprehensive plan.
The procedures in YMC Chapter 15.15 shall be used to review and evaluate Class
(3) uses or Class (2) uses that have been forwarded to the hearing examiner for
review."
(3) Zoning and Land Uses: The zoning of the subject property and of all
adjacent properties in all directions from the subject property is Regional
Development (RD). To the north of the proposed building is part of the former
Yakima Speedway parking area and racetrack which is now vacant. To the
southeast is the existing Pape Kenworth Northwest and Material Handling facility,
RECEIVED
Pape Properties, Inc. 12
Vacation of Right-of-Way;
And Building for Sales& APR 2 8 2027
Service of Farm Implements, CITY or 1'-�.'•'1, .
Tools& Heavy Equipment; CCMMUNIT'r CcvaL,G,
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
20
an RV sales business and an RV park. To the south is the building constructed for
use as a Yakima County Jail facility. To the east will be the approved future Pape
Kenworth Northwest building. To the east of that is Interstate 82.
(4) Compliance and Compatibility with the Policies and Development
Criteria of the Comprehensive Plan: The proposed use would be compliant and
compatible with the Comprehensive Plan Regional Commercial designation of the
property where it would be located. That designation is intended in part to promote
a medium to large scale mix of retail, service and business uses. Coordinated
infrastructure development and site and building design standards are critical
elements to emphasize quality of development that enhances the character, identity
and economic vitality of Yakima. The proposed Class (3) use is a type of use that
is encouraged within the Regional Commercial designation. It is a type of regional
commercial use which would also be compliant and compatible with the following
Goals and Policy of the City's 2040 Comprehensive Plan:
(a) Goal 2.5: Arterial corridors and other mixed-use centers.
Enhance the character, function, and economic vitality of Yakima's arterial
corridors and mixed use centers.
(b) Policy 2.5.1: Allow for a mixture of compatible land uses along
corridors and within mixed-use designated areas. This includes the
integration of multi-family residential and office uses with retail and
service commercial uses. Provide zoning and design standards to maintain
compatibility between different uses and zones.
(c) Goal 4.8: Support programs, projects, and development efforts
that enhance the job market and promote community pride.
(5) Compliance and Compatibility with the Intent and Character of the
Regional Development (RD) Zoning District: The proposed Class (3) use would
be compliant and compatible with the intent of the RD zoning district because
YMC §15.03.020(M) states: "The purpose of the regional development district is
to provide high visibility from the interstate and state highways of the city of
Yakima to provide regional commerce, office campus, recreation, large-scale
Pape Properties, Inc. 13 RECEIVED
Vacation of Right-of-Way;
And Building for Sales& APR 2 8 2022
Service of Farm Implements,
CITY OF YAIll'1;
Tools& Heavy Equipment;
At 1600 Pacific Avenue COMMUIII
RWV#001-22; CL3#004-21
21
retail, culture, light manufacturing, processing, research, and large multiple mixed
uses. This district is characterized by very intensive development and a variety of
land uses including retail sales and service establishments, high-density residential
development, financial institutions, professional office buildings, hotels, condo-
miniums, and corporation headquarters." The proposed use would also be
compliant and compatible with the character of this RD zoning district.
"Compatibility" means the characteristics of different uses or developments that
permit them to be located near each other in harmony with or without special
mitigation (YMC §15.04.020). The proposed use would be adjacent or in close
proximity to existing truck and equipment dealerships. Even though notice of the
hearing was mailed to property owners within 300 feet of the property, posted on
the property and published in the Yakima Herald-Republic, no testimony or
written comments were presented objecting to the proposed use or asserting its
incompatibility with the character of the zoning district or with the character of the
area.
(6) Compliance with the Provisions and the Standards Established in the
Zoning Ordinance: The proposed use would comply with the following provisions
and standards established in the zoning ordinance, with the comments of the
Development Services Team Review conducted on April 5, 2022, and with other
applicable regulations described in the outside agency comments:
(a) YMC §12.02.010, Establishment of Easements: Public utility
easements shall be established for the location of new and proposed public
utility lines serving new land divisions and land development. Public utility
easements shall also be established across the front of new lots and
redeveloped lots to provide for future utility access as determined necessary
by the city engineer. Public utility easements shall be dedicated (granted)
at the time that subdivision and/or land use approval is granted.
(b) YMC §12.03.010, Sewer service required: All new lots and
development shall be served by a sanitary sewer line located adjacent to the
lot or development site.
RECEIVED
APR 2 8 2022
Pape Properties, Inc. 14
Vacation of Right-of-Way; CITY OF Y (Y?.4
And Building for Sales & COMMUNITY UJEVU i1 ;; ;_I,,1T
Service of Farm Implements,
Tools& Heavy Equipment;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
22
(c) YMC §12.03.070, Side sewer service: Each building containing
sanitary facilities shall be served by a separate private side sewer line from
a public main.
(d) YMC §12.05.010, Sidewalk installation required: "Sidewalks
shall be installed along both sides of all new, improved, and reconstructed
streets..."
(e) YMC §15.06.040,Number of Parking Spaces: YCC Table 6-1 in
YMC §15.06.040 states that Agriculturally Related Industries require one
space for each employee based on the maximum number working at any
given shift. Since the applicant has indicated that approximately 30
employees will be employed at this site, this proposed use will require 30
parking spaces. The approved Class (2) truck sales and leasing use to the
east will require 32 spaces for a building that will be approximately 31,137
square feet in size. Therefore, a total of 62 spaces will be required for both
uses. The applicant has indicated that a total of 187 parking spaces will be
installed for both uses. They will consist of 171 equipment parking stalls
that will each be 12 feet by 35 feet in size, 15 standard parking stalls that
will each be 9 feet by 20 feet in size and 1 larger ADA van accessible
parking stall.
(f) YMC §15.06.110, Parking Lot Construction and Maintenance:
The parking lot shall have 13 trees installed, and 10% of the parking area
shall be landscaped. YMC §15.06.110 provides that all off-street parking
lots, driveways, travel ways, parking aisles, vehicle storage, and vehicle
sales lots having a capacity of three or more vehicles shall be constructed in
the following manner:
(i) Surfacing. Paved with two-inch-thick asphaltic surfacing
on an aggregate base, or an equivalent surfacing acceptable to the
administrative official, so as to eliminate dust or mud. Pervious
asphalt or concrete materials are encouraged.
RECEIVED
Pape Properties, Inc. 15 APR 2 8 2027
Vacation of Right-of-Way;
And Building for Sales& CITY CF 'r. n.
Service of Farm Implements, COMMUNI1"'
Tools& Heavy Equipment;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
23
(ii) Grading and Drainage: Graded and drained so all surface
water is disposed of on site. Grading and drainage facilities shall be
designed according to accepted engineering standards and the
Eastern Washington Stormwater Manual, which will require review
by the city engineer or a designee.
(iii) Border Barricades: Any parking, vehicle storage, or
motor vehicle sales area abutting the street property line shall
provide a concrete curb at least six inches in height and located at
least two feet from the street property line. The curb shall be
securely anchored. No curb shall be required across any driveway or
entrance to the parking area, or if the parking lot is separated from
the street by a fence or hedge.
(iv) Markings: All parking spaces (except motor vehicles
sales areas) shall be marked by durable painted lines at least four
inches wide and extending the length of the stall or by curbs or other
means approved by the administrative official to indicate individual
parking stalls. Signs or markers located on the parking lot surface
shall be used as necessary to ensure safe and efficient use of the
parking lot. In addition, when required, all accessible parking spaces
shall be marked and signed in compliance with the currently adopted
International Building Code.
(g) YMC Table 5-1, Lot Coverage: The lot coverage limitation for
the Regional Development (RD) zoning district prescribed by YCC Table
5-1 in YMC Chapter 15.05 is 100%. The proposed lot coverage of the site
is estimated to be 94%.
(h) YMC Table 7-1, Sitescreening: Sitescreening is not required by
YMC Table 7-1 in YMC §15.07.050.
(i) YMC Table 5-1, Building Setbacks: YCC Table 5-1 in YMC
Chapter 15.05, requires a front structure setback of 30 feet from the
centerline of a right-of-way in the Regional Development (RD) zoning
RECEIVED
Pape Properties, Inc. 16
Vacation of Right-of-Way;
And Building for Sales& APR 2202
Service of Farm Implements, CITY OF`(, "f!,'(i
Tools& Heavy Equipment;
At 1600 Pacific Avenue COMMUNITY uL,
RWV#001-22; CL3#004-21
24
district, and no other rear or side structure setbacks are required in that
zoning district.
(j) YMC Titles 8, 12 and 15, PubIic Facilities: City of Yakima water
and sewer are available or capable of being extended to serve the proposed
building for this Class (3) use. This building will be accessed from Pacific
Avenue which is a Collector Arterial.
(7) Compliance with Requirements of the City Code Administration: The
City Code Administration provided the following comments:
(a) The recommended addressing for the proposed building for the
Class (3) use is 1600 Pacific Avenue.
(b) Per Yakima Municipal Code 7.56.080, the applicable water
connection charges shall be paid in full at or before the time a building
permit is obtained. Applicable Wastewater connection fees must be paid
pursuant to YMC 7.58.
(c) Any work performed in the City right-of-way requires an
Excavation permit from City Engineering prior to commencing work, YMC
8.72.
(d) A City of Yakima Business License (city endorsement) must be
obtained before commencing business (YMC 5.52). The license must be
applied for through the Department of Revenue and can be applied for
online here: www.dor.wa.gov.
(e) Pursuant to Section 507 and Appendix B of the Washington
State Fire Code, additional fire hydrant(s) may be required depending on
the size and Type of Construction of the proposed building. The final site
plan will need to reflect the location of existing and/or proposed fire
hydrants.
(f) Pursuant to Section 429 of the Washington State Building Code,
electric vehicle charging infrastructure may be required to be shown on the
site plan depending on the number of parking spaces provided.
RECEIVED
Pape Properties, Inc. 17
Vacation of Right-of-Way; APR 2 8 202?
And Building for Sales&
Service of Farm Implements, CITY
COMMU
Tools&Heavy Equipment; !`ef I ,_r��,,r;. _ ,T
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
25
(g) The site plan provided does not clearly show accessible parking
as required in accordance with Chapter 11 of the Washington State
Building Code.
(h) These findings are not intended to be an exhaustive review of
this proposal.
(8) Planning Division Comments: The Planning Division indicated that the
City issued a Class (2) use decision for a truck sales and leasing use at this
property under CL2#024-20 that will occur on the eastern part of the property and
will be on its own lot after PSP#015-21 is finalized.
(9) Compliance with the Requirements of City Engineering: The City
Engineering commented that this project requires Title 8 and 12 improvements,
including but not limited to the following:
(a) YMC 8.60 and 12.05 — New 7' sidewalk per standard detail R5
shall be installed along the site's frontage on Pacific Ave./S. 18th Ave.
Existing curb/gutter along frontage that is unfit or unsafe shall also be
repaired/replaced. Any unused driveway cuts shall be replaced with full
height curb/gutter.
(b) YMC 8.64.070 — Commercial driveway approach is required
which meets the requirements of this chapter and standard detail R4.
Driveway width shall be a max. of 35' unless otherwise approved.
(c) YMC 8.72 — An excavation and street break permit shall be
obtained for all work within the public right of way.
(d) YMC 12.02 —Easements shall be established per this chapter.
(e) YMC 12.06.020 — Right of way — Pacific Ave./S. 18th St. is
designated as a Collector Arterial requiring a total 80' of right of way.
Applicant shall determine existing width of right of way along their
frontage and dedicate any right of way if necessary.
(f) All improvements shall be completed prior to Certificate of
Occupancy.
Pape Properties, Inc. 18 RECEIVED
Vacation of Right-of-Way;
And Building for Sales & APR 2 8 2022
Service of Farm Implements,
Tools& Heavy Equipment; CITY nr v^"Vl
commumn
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
26
(10) Information and Compliance with the Requirements Detailed by City
Water/Irrigation: City Water/Irrigation comments are as follows:
(a) There is an existing looped 12" waterline in Pacific Ave.
(b) There is an existing 12" waterline stubbed to the site (Tract 'A'
of PSP#015-21) to approx. 20' north of the existing curb of Pacific Ave.
There is a 1 '/2" water service and 1 '/2" meter to the site which is connected
to the 12" waterline stub to serve the existing Yakima Speedway.
(c) There is an existing fire hydrant off of the looped 12" waterline
in Pacific Ave. approx. 490' west of the site frontage. There is an existing
fire hydrant off of a looped 8" waterline in Pacific Ave. approx. 350' south
of the site frontage.
(d) All new fire hydrant and fire sprinkler service requirements to
be determined by Codes and Fire Dept.
(e) Codes Division has determined 1,500 gpm fire flow is required
for the proposed building. Existing public waterlines have adequate
available flow to serve the site. Static pressure range is approx. 85 — 94 psi.
Available fire flow to site— 5,000 gpm.
(f) Site is not within a City of Yakima irrigation service area.
(g) For any public waterlines or irrigation lines and facilities
required to be on the site, a minimum 16' public utility easement shall be
provided by the applicant.
(h) Civil site plan needs to show all existing and proposed utilities,
including any proposed water services/meters, fire hydrants and fire
sprinkler services.
(i) Water service charges dependent on size of water service and
meter required to serve the site. A detailed plumbing fixture count is
required to size any new water services/meter. Charges dependent on size
of water meter required to serve the site. Base Irrigation Charge (7.56.060)
shall apply if using domestic water for irrigation. Installation Charges
Pape Properties, Inc. 19 RECEIVED
Vacation of Right-of-Way;
And Building for Sales&
Service of Farm Implements, APR 2 8 2022
Tools& Heavy Equipment; CITY ti ,,
At 1600 Pacific Avenue `,'
RWV#001-22; CL3#004-21
27
(7.68.043). Water service/meter, fire hydrant and fire service installations
shall be completed by City of Yakima at the owner's expense.
(j) An approved Reduced Pressure Backflow Assembly is required
on the domestic water service just inside the building prior to any other
branch or connection. An approved Double Check Backflow Assembly is
required on fire sprinkler service just inside the building prior to any other
branch or connection (7.68.070).
(11) Compliance with the Following Washington State Department of
Ecology Recommendations: If the project anticipates disturbing ground with the
potential for stormwater discharge off-site, the NPDES Construction Stormwater
General Permit is recommended. This permit requires that the SEPA checklist
fully disclose anticipated activities including building, road construction and
utility placements. Obtaining a permit may take 38-60 days. The permit requires
that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) shall
be prepared and implemented for all permitted construction sites. These control
measures must be able to prevent soil from being carried into surface water and
storm drains by stormwater runoff. Permit coverage and erosion control measures
must be in place prior to any clearing, grading, or construction. In the event that
an unpermitted Stormwater discharge does occur off-site, it is a violation of
Chapter 90.48 RCW, Water Pollution Control, and is subject to enforcement
action. Note: If the project will result in more than one acre of soil disturbance, but
less than 5 acres of soil disturbance, you may be eligible for an Erosivity Waiver.
In accordance with these comments, the applicant shall apply for an NPDES
Construction Stormwater General Permit and a Stormwater Pollution Prevention
Plan (Erosion Sediment Control Plan) prior to the issuance of any building permits
for the proposal.
(12) Compliance with a Washington State Department of Archaeology and
Historic Preservation Recommendation: A desktop review using our statewide
predictive model has identified the proposed project area as having very high
sensitivity for archaeological resources. The proximity to the Yakima River gives
the project area particular sensitivity for archaeological resources. Further, the
Pape Properties, Inc. 20 RECEIVED
Vacation of Right-of-Way;
And Building for Sales& APR 2 8 202Z
Service of Farm Implements,
Tools& Heavy Equipment; CITY C` " <
At 1600 Pacific Avenue COMMUi;:� �;;: �,_,._;•�,;�, T
RWV#001-22; CL3#004-21
28
scale of the proposed ground disturbing actions would destroy any archaeological
resources present. Identification during construction is not a recommended
detection method because inadvertent discoveries often result in costly
construction delays and damage to the resource. Therefore, we recommend a
professional archaeological survey of the project area be conducted prior to
ground disturbing activities. We also recommend consultation with the concerned
Tribes' cultural committees and staff regarding cultural resource issues. The
Yakima Speedway is also over 50 years old. We also recommend that any
buildings or structures associated with the Yakima Speedway be evaluated for
eligibility for listing in the National Register of Historic Places on Historic
Property Inventory (HPI) forms. We highly encourage the SEPA lead agency to
ensure that these evaluations are written by a cultural resource professional
meeting the SOI Professional Qualification Standards in Architectural History.
These comments are based on the information available at the time of this review
and on behalf of the SHPO in conformance with Washington State law. Should
additional information become available, our assessment may be revised. Relative
to these comments, the applicant is required to conduct a Cultural Resources
Survey of the site and submit documentation of the survey to DAHP and the City
prior to the issuance of any building permits for the site.
(13) Consistency of the Proposed Use with Development Regulations
and with the Comprehensive Plan as is Required by YMC §16.06.020(B):
Compliance with YMC §16.06.020(B) is determined by consideration of the
following factors:
(a) The types of land uses permitted at the site: The proposed John
Deere agricultural and turf facility is permitted within the RD zoning
district where, as here, it satisfies all of the Type (3) review criteria for its
approval.
(b) The density of residential development or the level of develop-
ment such as units per acre or other measures of density: The proposed
facility will comply with the maximum lot coverage of 100% allowed in an
RD zoning district by having a lot coverage of approximately 94%.
Pape Properties, Inc. 21 RECEIVED
Vacation of Right-of-Way;
And Building for Sales & APR 2 8 2022
Service of Farm Implements,
Tools &Heavy Equipment; CITY OF
At 1600 Pacific Avenue COMMUNITY T
RW V#001-22; CL3#004-21
29
(c) The availability and the adequacy of infrastructure and public
facilities: Infrastructure and public facilities are available and adequate for
the proposed facility.
(d) The characteristics of the development relative to applicable
development regulations: The proposal will be consistent with all of the
applicable development regulations as discussed above in detail in this
decision.
XI. Hearing Examiner's Conclusions Relative to the Proposed Use of
the Proposed Building_ and Associated Parking. The Hearing Examiner's
Conclusions regarding this Class (3) Conditional Use application for approval of
the proposed use of a proposed building approximately 24,200 square feet in size
that would be used for the sale and servicing of faun implements, tools and heavy
equipment on an 8.01-acre parcel at 1600 Pacific Avenue, as described in more
detail above, are as follows:
(1) The Hearing Examiner has jurisdiction to approve and condition
proposed Class (3) uses by Type (3) Review under the circumstances prescribed
by the zoning ordinance, which circumstances warrant the conditional approval of
this application.
(2) Notice requirements for the open record public hearing have been
satisfied.
(3) SEPA review of this Class (3) use resulted in the issuance of a
Determination of Nonsignificance (DNS) on March 29, 2022, which became final
without an appeal.
(4) No testimony or comments were submitted in opposition to the
proposed Class (3) use.
RECEIVED
Pape Properties, Inc. 22
Vacation of Right-of-Way;
And Building for Sales & ,APR 2 8 2022
Service of Farm Implements
Tools&Heavy Equipment; CITY OF YAKIMA
At 1600 Pacific Avenue COMMUNITY DEVELOPMENT
RWV#001-22; CL3#004-21
30
(5) No adverse impacts of the proposal have been identified which cannot
be mitigated at the time of future development.
(6) This proposal will be compatible, compliant and consistent with the
objectives and standards of the City's 2040 Comprehensive Plan and with the
intent, the character, the provisions and the development standards of the zoning
district and of the zoning ordinance.
(7) Pursuant to YMC §15.15.060, this zoning decision is not a building or
development permit, and does not by itself authorize the construction or
occupancy of any use or structure.
(8) This decision is valid for one year from the date it is issued, and shall
automatically expire and terminate under circumstances described in YMC
§15.12.060(A) absent the approval of an extension which is requested and granted
in accordance with YMC §15.12.060(C).
(9) This decision may be appealed to the Yakima City Council within the
time and in the manner required by applicable City ordinance provisions.
XII. Class (3) Use Decision as to the Proposed Use of the Proposed
BriiIdin and Associated Parking. The proposed Class (3) use consisting of a
building approximately 24,200 square feet in size that would be used for the sale
and servicing of farm implements, tools and heavy equipment on an 8.01-acre
parcel at 1600 Pacific Avenue, together with its associated parking area, as
described in this decision and in the additional information in the record relative to
the City's Planning Division file numbers CL3#004-21 and SEPA#030-21 is
APPROVED subject to the following conditions:
(A) Applicable water connection charges shall be paid in full at or before
the time a building permit is obtained;
RECEIVED
Pape Properties, Inc. 23
Vacation of Right-of-Way;
And Building for Sales& APR 2 8 2027
Service of Farm Implements,
Tools &HeavyEquipment;
COMMUi " r
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21
31
(B) Applicable Wastewater connection fees shall be paid;
(C) Any work performed in the City right-of-way requires an Excavation
permit from City Engineering prior to commencing work;
(D) Frontage improvements shall be installed where they are missing along
the frontage;
(E) Frontage improvements shall be repaired where they are damaged along
the frontage;
(F) A commercial driveway shall be installed;
(G) A detailed plumbing fixture count shall be submitted;
(H) An approved Reduced Pressure Backflow Assembly shall be required;
(I) An NPDES Permit and a Stormwater Pollution Prevention Plan shall be
prepared and submitted to the City;
(J) A Cultural Resources Survey shall be conducted on the subject site, and
a copy of the study shall be submitted to DAHP and the City; and
(K) A revised site plan shall be submitted illustrating:
(a) The required 10% landscaping of the parking area;
(b) The required minimum of 13 trees that shall be planted; and
(c) All accessible parking stalls.
DATED this 28th day of April, 2022.
•
Gary M. C sillier, Hearing Examiner
RECEIVED
APR 2 8 2022
Pape Properties, Inc. 24 CITY OF YAKIMA
Vacation of Right-of-Way; COMMUNITY DEVELOPMENT
And Building for Sales&
Service of Farm Implements,
Tools& Heavy Equipment;
At 1600 Pacific Avenue
RWV#001-22; CL3#004-21