HomeMy WebLinkAboutR-1990-D5753 Robertson School Zoning4,4
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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)
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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
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(res vsd7)
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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
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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
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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
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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