Loading...
HomeMy WebLinkAboutR-1990-D5753 Robertson School Zoning4,4 • • RESOLUTION NO. D 5753 A RESOLUTION adopting Findings and Conclusions in the matter of a Class 3 application by Yakima School Dis- trict #7 for enlarged Robertson Elementar School. WHEREAS, Yakima School District #7 has made a Class 3 application under the City of Yakima zoning ordinance for the expansion of Robertson Elementary School; and WHEREAS, the matter was heard at public hearing by the Hearing Examiner and a formal decision rendered on April 11, 1990 which decision was appealed to the Yakima City Council by N'a!-cima School District #7; and INHLREAS, on "lav 22, 1990, the City Council, after due and proper notice, held a public meeting to consider the appeal of S( hoot District #7, and WHEREAS, comments and arguments were heard bl proponents and opponents of the appeal including representatives of Sch,-)()1 District #7 and its attorney, and INHEPTAS, after due consideration b\ the City Council in public s(,!ssion and in executive session for the purposes of dismIssing a quasi-judicial matter, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Pirsuint to Section 15.16.050 of the City of Yakima Cude, the City Council makes the following findings, k(,,nc]usinns, and derision in the above -entitled matter. 1. The Citv Council hereby adopts the Examiner's decision in the above -referenced matter, City No. UAZO CL (3) #1-90, Examiner No. 190-1-14 with the exception of all of the paragraphs of Findings 8.1.2 except the first two paragraphs. The Council hereby deletes Conclusion 3- F for the above referenced decision. With respect to a traffic signal at the intersec- tion of North 28th Avenue and Lincoln Boulevard, the Council finds that there was no recommendation by the (res sd:7) 1 City's Planning Department for the installation of such a traffic signal. In addition, there is insufficient eN,ideoce in the records to support a finding that a signal is solely attributed to the expansion of Robertson School which is the subject of this Class 3 application. However, the Council concurs that this matter should be further discussed (outside of this proceeding) with the school district both as to the need for a traffic signal in the aforementioned location and which entity should pay for it. Decision The decision of Hearing Examiner found in the al.`%e-referenced Examiner's Decision together with supporting Findings and Conclusions, as modified herein, is hereby adop- ted. A true copv of the aforementioned Examiner's Decision is attached hereto and adopted, as modified, by reference. ADOPTED Bl THE CITY COUNCIL this �- day of 'Tura__ l9�V ATTEST Citl Clerk -2 (res vsd7) • • • . .s Class 3 Application by YAKIMA SCHOOL DISTRICT #7 for Enlarged Robertson Elementary School. EXAMINER'S DECISION City No. UAZO CL(3) 411-90 Examiner No. I90-1-14 This is a Class 3 application for review of proposed expansion of Robertson Elementary Grade School. The Examiner conducted a public hearing on March 7, 1990. The staff report presented by Mrs. Joan Davenport recommended approval. There was no opposition. The Examiner inspected the property prior to the hearing. SUMMARY OF DECISION. The application is approved, subject to conditions. From the view of the site, the matters contained in the official record including the Staff Report, a review of applicable statutes, ordinances and case law, and from evidence received at the hearing, the Examiner makes the following: 7INDINGS 1. Applicant. Yakima School District #7. 2. Location. 2807 West Lincoln, Parcel No. 181323-21022. 3. Application. Class 3. 4. Proposed Use. Expansion of Robertson Elementary School. S. Current Zoning and Use. The Robertson School site is zoned Two -Family Residential (R-2). The site exceeds 10 acres in size and includes the existing building complex, 11 modular classrooms, 2 playgrounds, and a large field area. The surrounding zoning and land uses are as follows: Location North South East West 6. Project Zoning_ R-2 R-2 R-3 R-2 Existing_ Use Single -Family Residential Single -Family Residential Duplex/Multi-Family Apartments Single -Family Residential Description. The District wants to remodel existing buildings at Robertson Elementary School, add 2 new EXAMINER'S DECISION - 1 NEARING EXAMNER FOR THE CRY MO COUNT OF YNCMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 9090- MO9) 24e-0706 r'1 Accroor bpi l lin-gs- Arted gymnasium, enlarge the parking area and bus turnaround on Powerhouse Road, and remove the 11 relocatable classrooms now on the site. The permanent s^1 asarnnm h» i 1 A i n,gc will prnvi rde 12 ,.1 in effect replacing the 11 relocatables that were placed on the property prior to obtaining long-term financing. Ten relocatable classrooms were authorized in previous hearings held in 1988 and 1989. In the Spring of 1988, ag the first hOarimg on relocatables, the District projected 150 to 170 new students beginning in September of 1988, thus forcing an expansion from the existing 12 classrooms at Robertson at that time. The result of this permanent remodeling will be to double the size of the school from that which existed at the close of the 1987-1988 academic year, together with providing a gymnasium. Current enrollment at Robertson Elementary is approximately 520 students. The school when completed will be able to house 540 students. 8.1 Parking. The number of parking spaces required for elementary schools is three per classroom, UAZO Table 6-1. By expanding the parking lot on Powerhouse Road, as indicated in the detailed site plan, the school will be able to provide 84 parking spaces, 12 more than required by the ordinance. The District agrees with the staff recommendation to close the parking and pick- up area on Lincoln Avenue, which is often utilized by parents and conflicts with the crosswalk operation across Lincoln. The District has agreed to close one of the access drives, install curb, gutter, and sidewalk, and limit the remaining use of the access for staff access to the parking lot off Lincoln. 8.2 Lighting. The parking lot on Powerhouse will be lit, shielding the glare from the residential properties adjacent to the parking area. 7. Urban Area Comprehensive Plan. One of the purposes of the comprehensive plan is to assure that future development is compatible with existing uses. Robertson School is served by all public services and facilities, although there will need to be some EXAMINER'S DECISION - 2 WARM EXAMP .R FOR THE CITY AND COUNTY of YAKMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 9B907 1308) 24e-6766 redesign of basic services, as covered in the conditions of approval, which are normal to any construction project. 8. Urban Area Zoning Ordinance. This project complies with all zoning ordinance requirements concerning building setbacks, height, and lot coverage. One of the purposes of the R-2 zoning district is to preserve residential neighborhoods for detached single-family dwellings and duplexes. The School District has agreed to install slats in the existing cyclone fence on the east property line off Powerhouse behind the existing relocatables. 8.1 Traffic. The major issue with the school relates to traffic and street improvements on both Powerhouse Road and Lincoln Avenue. The Urban Area Zoning Ordinance authorizes the reviewing official, in this instance the Hearing Examiner, to impose additional requirements as conditions of approval on any use or development being reviewed. These may be imposed to mitigate any identified specific or general negative impacts of the development, and to achieve the objectives of both the comprehensive plan and the zoning ordinance. YMC §15•.10.030. Furthermore, the reviewing • official, even when issuing a simple building permit, has authority to impose conditions in order to implement ". . . traffic engineering standards and policies established by Yakima County and the City of Yakima to protect the function and satisfactory level of service of arterial and collector streets." YMC §15.10.040. One of the primary purposes of the zoning ordinance is to reduce traffic danger and congestion on roads and highways. YMC §15.01.030. In addition, the comprehensive plan provides, as one of its objectives, that land use decisions will consider the impact on adjacent streets and roads. Plan, TR -16. 8.1.1 powerhouse Road. The District has agreed to dedicate additional right-of-way in order to provide 30 feet from the center line along the school property on Powerhouse Road. Powerhouse does not currently have curb, gutter, or sidewalk, all of which are normally required for development of this sort. EXAMINER'S DECISION - 3 HEARING EXAMNER FOR THE CRY AND COUNTY OF YAKMA POST OFFICE BOX 4 YAKMA. WASHINGTON Ge9O' (509) 24S-0706 Powerhouse apparently may be reconstructed in the future, but it is not currently on the Six -Year Road Plan and there is no basis on which to project the timing of any improvements by the City. Until Powerhouse itself is improved the grade and profile of the street ._.. , , be unknown and therefore it is unseasonable to construct at this time permanent curb, gutter, and sidewalk improvements. Although a temporary asphalt sidewalk could be constructed along Powerhouse, a sidewalk is not absolutely necessary because children can walk inside the cyclone fence which borders the play field. 8.1.2 Lincoln Avenue. A pedestrian activated crosswalk, with flashing yellow lights, is located at 28th and Lincoln. Although not submitted as part of the record in this Class 3 hearing, there has been significant neighborhood pressure for signal improvements on Lincoln in order to make the street crossing aGtcl AVL DLUVCIILg. Two curb cuts exist on Lincoln, allowing vehicle access into a barking lot which is often used by parents to drop off and pick up children. The District's agreement to close one of these curb cuts and to limit use of the other driveway for staff access will help eliminate vehicle conflicts with pedestrians in this area. Parents will be encouraged to use the improved parking lot off Powerhouse. One of the remaining problems on Lincoln is that there is no sidewalk on its north side, west of Robertson School. Although there is no traffic or pedestrian study in the file, it seems reasonable to expect children approaching the school from the west to cross over to the south side of Lincoln simply to find a place to walk. Then they have to cross back when they get down to 28th and Lincoln where the flashing signal light's crosswalk is located. One of the objectives of the comprehensive plan is to provide sidewalks along all arterials and school routes. Plan, TR -17. Although perhaps not formally designated as such, these areas along both Lincoln and Powerhouse by almost any measure would have to be considered school routes. No plans, short or long term, exist to construct sidewalks in these areas. Even if plans did exist, EXAMINER'S DECISION - 4 NEARING EXAM FOR THE CRY MND COUNTY OF YAKMA POST OFFICE BOX 4 YAKIAA. WASHINGTON 96807 ISOB) 248-0705 installation of a sidewalk on Lincoln presents many logistic and economic problems given the existing residential development. Installation of a traffic signal at 28th and Lincoln may help mitigate the lack of a sidewalk, in addition to providing safer crossing conditions for pedestrians. The criteria for when to install a traffic signal is governed, in the USA, by the Manual on Uniform Traffic Control Devices, published by the U.S. Department of Transportation in conjunction with AASHTO. Eleven criteria, called "Warrants," are established. The decision to install a traffic signal requires a comprehensive investigation of the particular traffic conditions involved, consideration of whether one or more of the warrants are met, and the application of sound traffic engineering judgment. See Manual, Part IV, Ch. C, Warrants. The DRT comments from the City's acting supervising traffic engineer indicates that at least one of the warrants is met, but does not indicate which one. The evidence is inconclusive as to whether a traffic signal should be installed at this time, and therefore it will not be required. It is probably simply a matter of time until a signal is justified. At that point the question will arise as to what entity should pay for it. The only reason a signal will be required is because of the existence of the school. The school is permanently doubling in size with the addition of these classroom wings. The District has known since at least April, 1988, at the time of its first hearing on the relocatable classrooms, that substantial increases were projected for Robertson. The District accordingly organized its efforts to locate funding for the necessary permanent improvements. Just as more classrooms require more restroom facilities and more parking spaces, so to do they generate the need for traffic control improvements. These are predictable, foreseeable consequences of a doubling in size. This is a much cleaner situation than traffic improvements which may be required, for example, at the new EXAMINER'S DECISION - 5 HEARING EXAMNER FOR TME CITY AND COUNTY OF TARIFA, POST OFFICE BOX 4 YAKMA. WASHINGTON 9890 (000) 240-0706 Roosevelt School on 16th and Summitview. Traffic improvements there may be needed as a result of both the new school and increasing traffic is a b an intersection of two major arterials. This is not that case. This is an arterial with residential side street which but for the school would never resu t i n installation l , _t: o_ _ - -- - --- ••� .. tea. a..o •.QiiQl.i Vll of a traffic signal in this area. When conditions do justify installation of a traffic signal on Lincoln, the District should bear the entire cost. This finding requires balancing which of two taxpayer financed entities, namely the City of Yakima or the cchool District, should properly bear the cost of this improvement. There is increasing pressure to lay the costs of growth on the developer, which is certainly appropriate in the case of a private business. Although the District is simply responding to growth in the area caused by other factors, rather than creating growth, it is in the best position to predict and finance construction costs. Financing traffic related improvements is in many respects comparable to complying with the Uniform Building Code. The District would not dream of building a structure which does not conform with the Uniform Building Code, nor would it dream of running buses which do not conform with applicable safety regulations. This street crossing is a safety issue, its only function is to serve the school, and it should therefore be paid for by the District. This approach provides predictability and uniformity of treatment between private and public entities, including both non- profit and taxpayer supported organizations. If the State of Washington were to erect a significant structure in this city; necessitating significant traffic improvements, local taxpayers would expect the State to pay that cost. In fact, when the DSHS building was constructed for the State on North 16th Avenue, the State did pay for improvements to 16th. The same should be true for the District, even though it is more nearly the same pool of taxpayers which supports both the City and the District. No clear answer exists to resolve this policy problem. This approach, if unacceptable to the Yakima City Council, can EXAMINER'S DECISION - 6 NEARING DAME FOR TIc COY AND CouJNTY of YAKMA POST OFFICE ®OX 4 YAKMA. WASHINGTON 840/07 5O9) 2454706 easily be changed on appeal. 9. ;EPA. A Determination of Non -Significance was issued on February 9, 1990. 10. Public Notice. Notice of the public hearing was provided as follows: February 23, 1990 - Notice published in the local newspaper. February 23, 1990 - Notice mailed to adjacent property owners. February 22, 1990 - Property posted. From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. 2. For the reasons stated herein, the application complies with the objectives of the Urban Area Comprehensive Plan, the intent of the R-2 Zoning District, and the provisions of the Urban Area Zoning Ordinance. 3. The application is approved, subject to the following conditions: A. City Water Division approval of water line plans, including easements and looped water system. B. Planning Division and City Traffic Engineer approval of the modification plans for the parking and pick-up area on Lincoln, including reconstruction of deleted curb cuts, with curb, gutter, and sidewalk. C. City Engineer approval of drainage plans for the parking lot on Powerhouse. D. Public Works Department approval of street light plan. E. Dedication of additional right-of-way on Powerhouse Road such that there will be 30 feet of right-of-way from the center line. F. Future installation of a traffic signal in the vicinity of North 28th and Lincoln Avenues to be based upon a traffic engineering study, meeting of applicable warrants, and sound traffic engineering judgment, with the cost to be borne by the District. G. Installation of sitescreening slats in the existing EXAMINER'S DECISION - 7 MEARNG EXAMINER FOR THE CITY MD COUNTY OF YAKMA POST OFFICE SOX 4 YAKMA. WASHINGTON 919907 (509) 240-0706 cyclone fence between the school and the multi -family properties to the east. 4. A final site plan, which includes the items shown on the original site plan, the additions or modifications required by this decision, and demonstrating compliance with the Urban Area Zoning ordinance, shall be submitted to the planning department prior to issuance of a certificate of zoning review or building permit, pursuant to YMC §15.12.050. S. This decision entitles the applicant to a Certificate of Zoning Review, which is valid for one year from the date of issuance of the Certificate. The Certificate may be extended one time only for up to one additional year by application prior to the termin tion date s11 e` fort in arum f15 12 www m.esuai.aa6ad.amesa ewea.e, ®11 Qa a4: 6. LVL�.il £1 114... a1�.1E.0®U. 6. This decision modifies in minor respects, and replaces in its entirety, the prior decision dated March 26, 1990. DATED this llth day of April, 1990. Hearing Examiner EXAMINER'S DECISION - 8 REARM EXAM; FOR THE CITY AND COUNTY OF YAKIMA POST OFT= DOx 4 YAK81A. WASHNGTON 98907 (509) 2480706