HomeMy WebLinkAbout08/20/2019 06L Rezone of 2708 Jerome Ave; Triumph Treatment Services a\'4\lyy bxk ik 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.L.
For Meeting of:August 20, 2019
ITEM TITLE: Ordinance adopting the City Council's decision on a rezone
application submitted by Triumph Treatment Services for property
at 2708 Jerome Avenue
SUBMITTED BY: Joan Davenport,AI CP, Community Development Director
Joseph Calhoun, Planning Manager
Eric Crowell,Associate Planner(509) 576-6736
SUMMARY EXPLANATION:
The Yakima City Council held an open record public hearing on August 5, 2019 to consider the
Hearing Examiner's recommendation on this request. Following the public hearing, the City
Council directed planning staff to prepare appropriate legislation to approve this request
consistent with the Hearing Examiner's recommendation.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR '
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Pass Ordinance
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Pro s rdinance Triumph /7/2019 C)rdinance
2
ORDINANCE NO. 2019-
AN ORDINANCE rezoning parcel 181314-34426 from Two-Family Residential (R-2)
to Multi-Family Residential (R-3) and amending the Zoning Map of
the City of Yakima.
WHEREAS, on March 15, 2019, Traho Architects submitted an application
requesting the zoning classification of parcel 181314-34426, located at 600 Superior Ln.,
to be rezoned from Two-Family Residential (R-2) to Multi-Family Residential (R-3) on the
official zoning map (hereinafter"RZ#001-19"); and
WHEREAS, pursuant to YMC 6.88, the SEPA Administrative Official issued a
Determination of Nonsignificance on May 10, 2019; and
WHEREAS, the Future Land Use designation of the subject property is Mixed
Residential, which is consistent with the proposed R-3 zoning district; and
WHEREAS, notice of the City of Yakima Urban Area Hearing Examiner open
record public hearing was properly provided; and
WHEREAS, in accordance with YMC 15.23, the Hearing Examiner held an open
record public hearing on June 13, 2019 to hear testimony from the public, consider the
Rezone, and provide a recommendation to the Yakima City Council; and
WHEREAS, after testimony and a review of the record, pursuant to the approval
criteria set forth in YMC § 15.23.030, the Hearing Examiner recommended approval of
the Rezone from Two-Family Residential (R-2) to Multi-Family Residential (R-3); and
WHEREAS, the recommendation was signed by the Hearing Examiner on June
27, 2019, a copy of which is found in Exhibit "A" attached hereto and incorporated herein
by this reference; and
WHEREAS, pursuant to YMC 15.23.030(E), and after the required notice was
properly provided, the Yakima City Council held a public hearing on August 5, 2019
regarding the rezone request; and
WHEREAS, the City Council of the City of Yakima, having considered the record
herein, the comments received at the public meeting held August 5, 2019, and the
recommendation from the Hearing Examiner, hereby finds and determines that approval
of the requested Rezone is in the best interest of the residents of the City of Yakima and
will promote the general health, safety and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Findings, Analysis and Conclusions. Subject to the specific terms
of this ordinance, the Yakima City Council adopts the August 5, 2019, findings,
3
conclusions, recommendations and conditions of the Hearing Examiner for RZ#001-19.
The legal description of the property is as follows: Bower's Englewood Tracts Lot 9 Block
3. A copy of said recommendation is attached as Exhibit "A".
Section 2. Any and all official Zoning or other similar maps shall be amended
or modified to reclassify the subject real property set forth herein consistent with the
above sections of this ordinance.
Section 3. Authorization to File. The City Clerk is hereby authorized and
directed to file a certified copy of this ordinance with the Yakima County Auditor.
Section 4. SeverabilityNalidity. 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. Effective Date. This ordinance shall be in full force and effect 30
days after its passage, approval, and publication as provided by law and by the City
Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 5'h day of August,
2019.
ATTEST: Kathy Coffey, Mayor
Sonya Clear Tee, City Clerk
Publication Date:
Effective Date:
Exhibit "A"
Hearing Examiner Recommendation
City of Yakima, Washington RECEIVED
Hearing Examiner's Recommendations
AIN 7 2ola
June 27, 2019 OTY OF YAKIMA
FOANONG DIV
In the Matter of an Application
Submitted on Behalf of:
)
)
)
RZ 1-19
CL3#002-19
Triumph Treatment Services ) SEPA1010-19
)
For a Project Rezone from the )
R-2 Zone to the R-3 Zone; for a )
Class (3) Office Use; and for SEPA )
Review for Expansion of Existing )
Facilities at t4 Superior Lane )
Introduction. `
findings relative to the hearing css for this application
may be summarized as follows:
(1) The Hearing Examiner conducted gm open record public hearing
relative to this applkotion on Jung 13, 2019.
(2) The thorough staff report that was pre d by Anacleto Planner Eric
Crowell revolthoonded approval of this application for project WOW from the
wo-Family Residential (R)2) zoning district to the Multifamily Residential (R-3.)
',dining district and approval of a Class (3) office Liao in a portion of a proposed 2-
siory 35-foinishigh 3,000 -square -foot building* subject to conditions„
(.1) rile applicant's representative !Or this application, Mine,' Chanort
Traho Architects, P S.,, indicated that Mr, Crowell has been hcinfial during the
processing of this application haul explained tbc history of the applicant's campus%
Triumph Treatment Services
Project ' ,tne from R-2 to R-3
Arid Class (3) Office Use
Campus at 600 Superior 1
RZIMOI -19; CLIN ; 0-19
1
4
5
(4) No one else appeared n testify at the hearing.
(5) Ow written public comment pertaining to this application was soh-
niitted by Juan Sanchez who resides at 2705 Jerome Avenue to the effect that he
does not wish the water well located on his property to be used for the applicant's
adjacent parcels.
(6) The request for approval of the projcrt rzope, the request for approval
of a Class (3) office use in a new building on the applicant's campus EL nd the
request to allow the building height on its campus to be 35 feet rather than the 24
feet required by a 1998 development agreement are issued as recommendations to
the Yakima City Council because Section 15.11.100 of the Yakima Municipal
Code provides that if any required approvals constitute a recommendation to the
legislative body, the decision of the administrative official as to all requested
permits or approvals shall constitute a recommendation to the legislative body.
(7) These recommendations relative to the requested rezone of a 0.21 -arc
parcel adjacent to the applicant's existing campus from the R-2 zoning district to
the R-3 zoning district and relative Lo the requested Class (3) office use for a 35 -
foot -high 13,000-squai-e-foot building on the applicant's campus which is already
zoned R-3 have been issued within. ten business days of the hearing.
11,
ummor.
of R confine" d tions The liewing Examiner rwommends that
the Yakima City Council allow the expansion and improvement of the existing
Triumph Treatment Services campus a 600 Superior Lane (i) by approving the
requeste4 project rezone of the 0.21 -acre parcel no, 181314-31126 from the Two -
Family Residential (R-2) zoning district to the Multifamily Residential (R-3)
zoning district to allow a childcare play area, open space andfor other accessory
uses on that parcel and (ii) by approving the requested Class (3) office use for !mart
of a proposed 35-1'oot-high 13,000-square-lcpot building on the adjacent parcel no.
181314-33413 west of the parcel proposed for a rezone, subject to several
conditions
RECEIVED
triumph Treatmein Services JUN 2 7 NI
Project itvone troM R-2 to R-3 CITY OF YAKIMA
And Crass (1) Office Use FLAMM olo
Campus au 500 Superior Lan
RZ#0101-19.; CL3M02-119; SEPAOMICI-i9
C. Basis for Recommendations. Rased o iview of the site on June 12,
2019, with no one else present; the application, staff report, exhibits and testimony
presented at the open record public hearing on June 13, 2019; and a review of both
the 2040 Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning mance, Title 15 of the Yakima Municipal Code C); the Hc
Examiner makes and issues the following:
DINS
g
L Pronerte Owner, Ap_plicant and Representative. The pmperty owner is
an entity operated =der the urrthrella ctf the applicant, Triumph Treannern
Servs which is * ed Yakima Valley Council on Alcoholism. 120 South 3mJ
Street, Yakima, Washington 98901. The representative of the property owner and
applicant who submitted this application is Nancy Charron of Traho Architects,
P,S., 9 North 11111 Avenue, Yakima, Washington 98902.
IL Location. flic location of the 0.21 -acre parcel proposed for the rezone is
2708 Jerome Avenue adjacent to the east side of the applicant's property
( essor's Parcel Number 1813[4-34426). Itte location of the proposed 35 -loot -
high 13,000 -square -foot building to be used partly for office purposes is of
the d proposed for thc o (Assessor's Parcel N ber 181314-33413).
III. Appiication. The main aspects of this master application for approval of
both a rezone and a (3) use may be summarized as follows:
RECEIVED
Triumph Treatment Services
Pmject Renlie from to R.3
And Claw (3) Office Use
Cimpwi at 600 Superior Lane
00149; C 0249; SF.PANOI 0-19
JUN2 7 2019
are OF YAKIMA,
PLANNING OIV
6
(1) This application for a rezone, a Class (3) office use, revision of a prior
24-foot height limitation and SEPA environmental review was received on March
15, 20[9. A notice of a complete application was sent on April 12. 2019, The
purpose of the applieation is to accommodate needed program growth of the
current Triumph Treatment Services residential campus and facilities without
adding new programs. There are three 11)S1IS treatmeni programs, each for 16
wonrien and their children under 5 years of. age, The residents live and stay at the
facility furl time with residential staff, They do not have cars. The clinic-al,
childcare and counseling management staff members are on the site every day
with reduced stalT on weekends. The current childcare is provided half day for
residents. The facility currently has more than 30 parking spaces on the campus.
An additional 15 parking, spaces would be for food delivery, refuse durnpstcr
access, kitchen employees, the van to deliver food to the Triumph I reatinent
Services facility at 3300 Roosevelt Avenue, current campus staff and visitors on
weekends. The campus and facilities are accessed by way of Englewood Avenue.
There would be no vehicular or pedestrian access to Superior Lane front Jerome
Avenue except through a secure entry for maintenance purposes,
(2) The application requests approval of a project rezone of an adjacent
0.21-acre parcel purchased by Triumph Treatment Services in 2018 from the Two-
Family Residential (R-2) zoning district to the Multifamily Residential (R-3)
zoaing district to allow it to be used for an accessory childcare play area, open
space and/or other accessory uses. The. application also requests approval of a
Class (3) office use for a portion of a proposed 35-foot-high 13,000-square-foot
building to be constructed west of the parcel proposed for a rezone.
(3) The additional building with 15 new parking spaces would be located
on the east side of the existing Triumph Treatment Services campus which is
zoned R=3. A portion of the building would be used for counselor offices in
addition to other existing accessory uses such as childcare, a multi-purpose dining
room and a commercial kitchen. The new kitchen would replace the applicant's
current kitchen at its facility at 3300 Roosevelt Avenue, Meals would be delivered
to that facility, All site residents would eat meals at the multi-purposc dining
room. rhe thenipeutic childcare would be relocated from the current campus
buildings and part of the upper floor would be offices for staff and conference/
group rooms, Vacated spaces in existing buildings would improve current living
conditions and be used for additional resident living areas, a potential medical
exam room and offices that provide private counseling for mental and chemical
RtCEIVED
Triumph 1-manner-1 Services 4
Prod Refonc from R,2 R-3
Aid Class (1) Office Use
_
Campus at &DO Superior Lune
RZ#991-19; CLP1002-19; SEPAPD1D=19
JUN 2 7 2°19
CITY OF YAKIMA
PLANNING OW
7
dependency issues. The new childcare space would allow for all -day childcare and
thus additional opportunity for adult residential therapy.
(4) The application includes a request to increase the maximum allowed
huildinv_ height on the existing campus from the 24 feet required by a 1998
Hearing Examiner decision and development agreement for this campus. It
requests a maximum height of 35 feet for campus buildings even though the
existing R-3 zoning would otherwise allow a maximum height of 50 feet, lhe
additional height would allow for (E occupancy) childcare for 50 children on the
first fluor with (Ti occupancy) offices nn a smaller upper floor about one-third the
size of thc first floor of the building that would be set hack from Superior Lane to
match the character of the existing attractive buildings on the well-maintained
campus, The building would be fully fire-sprinklcred and have rated occupancy
separations with high acoustical properties and 9 -foot ceilings. The upper office
windows would allow for staff observation of the new childcare play area,
(5) An existing small slxxl and storage container would be moved to &low
for construction of the new building. An existing residence in poor condition
would be removed from the parcel to be rezoned in order to allow. thin parcel to be
used as a childcare play area, open space am.For other accessory uses. The TC7,011C
would match the R-3 zoning of the applicant's existing campus to the west, and
would allow the small parcel to be included and fenced as part of the existing
facility and campus,
(6) Pursuant to ¥MC §15.11 1,100. all aspects of this application are decided
by the City Council with the aid of these recommendations from the Hearing
Examiner,
IV. Notices. Notices for the June 13, 2019, open record public. hearing were
provided in accordance with applicable ordinance requirements in the following
manners:
Posting of property with land use action. signs:
1Vlailing of hearing notice to owners within 300 feet:
Publishing of hearing notice in the newspaper:
Triumph Treatment Services
Project Rezone from R-2 to K-1
And Class (A) Office U5C
Campus at 600 Superior Lane
R C12#002-19; SEPA00110-i9
April 12, 2019
April 1,019
April !,20i9
RECa VED
JUN 2 7 2019
CITY Of 2210122
RANNOIG 012
8
V. Ftt Ir otttttettfttf ° c4k`. A Notice of Application and SEPA Environmental
Review was mailed to SFPA agencies, the applicant and adjoining property
osvners within 300 feet of the subject propertyon April 18. 2019. Two written
comments from members of the public were received during the continent period
that ended on May ; 8, 2019. One of them was not relevant to this application. The
other was from an owner of property adjacent to the parcel proposed for the rezone
who indicated that he would not consent to sh the use of the well on his
property, A SHA Determination of Nonsignificance (DNS) was issued on May
10, 2019. which became final without any appeals.
VL
d floes. The 1,21 -acro parcel no, 181314-34426 proposed
for a rezone from the Two -Family Residential (R-2) ting district to the Multi-
family Residential (R-3) zoning district to allow a childcare play area, open space
and/or other ac :. uses on that p l ctt fly is the site of a residence in
poor condition that would be removed. The jai .;;,t parcel no. 181314-33413
immediately to the prop
he sit for a new 35 -fent -high 13,001 -
square -foot building to be used in part for a Class (3) office use would require the
removal of a storage container and a shed. Adjacent properties currently have
zoning, and land use characteristics that can be described as follows:
(1) The 0.21- parcel proposed for a rezone to the R-3 zoning district
l t.rt!c?tla?titlttg ttttir3 Existin&E alter lice'
North R-2 Residential
South R-2 Residential
Fast R-2 Residential
West R-3 Community Services
Triumph Treatnicnt Services
Project Re /one from 11-2 to R-3
And Class (3) Office Use
Campus at 600 Superior Lane
RZ#0Ot=I9; C _ 003-19; SE.PAil4t019
6
RECEIVED
JON 2 7 2019
CITY Of YAKIMA
PLAN DN
9
(2) The applicant's c-xng c° pas adjacent to the west of the parcel
proposed for the rezone:
Location
North
South
East
West
R-3
R-2
R=2
R-3
VII. riftcn Co slits of the D
8 Tea
d
Qthers. The Development Services Team meeting was held for this project on
April 2, 2019, The following comments were received from the DST, from other
public agencies and from one individual regarding this application:
(1) Codes::; Pursuant to Chapter 5 and Appendices B and C of the 2015
International Fire Code, additional tire hydrants may be rt-luired depending an the
occupancy and construction types (Attie building, and whether or not the building
will he equipped with a Circ sprinkler system. These findings are not intended to
he an exhaustive review of this proposal.
(2) Surface Water Since this project creates more than 5,000 square feet of
impervious area; complete drainage plans and calculations shall be submitted to
the Surface Water Engineer for review and approval. The plans and calculations
shall be completed by a Professional Engineer registered in Washington State,
Underground Injection Control (tiIC) wells are required to be registered with the
iWashint ton State Department of Ecology,
(3) Y, silna Kcgi_onal Clean Ai gcnGy(YR(,:AA): Contractors doing
excavation, it . ing, construction, landscaping or demolition work must file a
Dust Control Plan with VRCAA and get approval prior to the start of any work.
Prior to demolishing any structures an asbestos survey must bc done by a certified
asbestos abatement building inspector, Any asbestos found must be removed by a
licensed asbestos abatement contractor prior to demolition, A Notification of
Demolition and Renovation (NODR) application must be Filed with YRCAA for
which there is a fee to bc paid, RECEIVED
lieu ph `I reatmcnt Services
Project lteaonc from R-2 to 13,3
And Class (3) 011= LJsc
Campus til 60t9 Su 'csr tans
R7-#001-19. CL31+002.1 EEA1+4Ift_19
JUN 27Hug
CITY OF YAKIMA
PLANNING DIV.
10
(4) Washivon State Department of Feolo Based upon the historical
agricultural use of this land, there is a possibility that the soil contains residual
concentrations of pesticides. Ecology recommends that the soils be sampled and
analyzed for lead and arsenic, arid for organochlorine pesticides. If these
contaminants are found at concentrations above the Model Toxics Control Act
cleanup levels. Ecology reconmends that potential buyers be notified of their
occurrence. Comments relative to water issues are as follows:
(a) Regarding the answer provided in subsection B(3)(b)(1) of the
Environmental Checklist entitled Environmental Elements — Water
Ground Water, thc domestic well is not located upon land owned by the
applicant. Obtaining the right to access or right to use land which the
applicant does not possess is a private matter between the applicant and the
owner of that land. The SEPA Checklist did not speedthe authorization
for water use, and no remitted water r-iglitt with Ecology list this well as a
source for water use.
(h) if water is from a permitted source such as city water, a water
association or an irrigation or reclamation district, then the water purveyor
is responsible for ensuring that the proposed use(s) are within the
limitations of its water rights. If the proposal's actions are different than
the existing water right (source, purpose, thc place of use or period of use),
then it is subject to approval from the Department of Ecology pursuant to
Sections 90.03380 RCW and 90.44.100 RCW.
(e) Ground water withdrawals of up to 5,000 gallons per day used
for single or group domestic supply, industrial purposes, stock watering or
for the irrigation °lap to one-half acre of lawn and garden are exempt from
the permitting process, Any ground water development proposal that will
withdraw water in excess of 5,000 gallons per day will require a permit
from the Department of Ecology.
(5) Pithlic Comments: Two Comments were received, one of which was
irrelevant to any part of this proposal, and another from a neighboring property
owner who is concerned by a statement by the applicant in the Environmental
Checklist expressing a desire to use a current active domestic well for irrigation of
RECEIVED
Triumph Treainient services
Project Rezone from R-2 10 R-3
And Class (3) Office Use
Campus. al 600 Superior Lune
1-19; CL30001-19; SEPA14916-19
11
JUN 2 7 2019
CITY OF YAlithui
PLANNIK OlV
11
the site and the Genesis building, The adjacent property owner states that he does
not have irrigation nor a lot of water currently n his property, and does not plan
to share the well with the applicant. lo response to that comment, the comments
from the Department of Ecology confirm the property ow-ricr's statement to the
effect Thal the domestic well is not on land owned by the applicant, but notes that
the Environmental Checklist does not claim ownership of said well, that Ecology
has oo record of this well having penwater rights; that this is a private
matter between the two property owners; and that it is up to the applicant to
determine how water will be delivered to the site for irrigation purposes.
VIII. Rezotte R v ew it . TheItearint,,r Examiner's recommendations
regarding rezone applications within ihe Yakima Urban Area must he based upon
the following criteria specified in YMC *15.23,03011)i:
(1) The testimony at the public hearing. Associate Planner Fric Crowell
and the applicant's representative, Nancy Charron of Tralto Architects, P.fi. both
testified in favor of the requested rezone of the 0.21 -acre parcel no, 181314-34426
from the R-2 zone to the R-3 zone to allow it to be included within the fencing for
the existing adjacent campus that is already zoned R-3 so that it may be -4 for a
childcare play area, open space andlor other accessory uses. Notice of this
application was mailed to SEPA agencies and all property owners within 300 feet
of the subject properties on April 18. 2019, wherein the public was invited to
submit written andfor oral comments at the public hearing on this proposed
rezone Only one relevant written public comment WEIS received which did not
oppose the requested project reame. No testimony was presented at the hearing in
opposition to the requested rezone.
(2) The suitability of the property in question for uses permitted under
the proposed zoning. The small parcel proposed for a rezone to the same zone as
the adjacent campus would he well suited for integration into the applicant's
existing campus to be used litt a childcare play area, open space andlor other
accessory use'. It would result in removal of o residence that is in poor eondition
and w.ould he included within the fencing for the applicant's existing campus
RECEIVED
Triumph 1 tegument 5crviec5
Project Rezone from R-2 to R-3
And Clus.s (3) OfficeiJ
Compels al 640 Superior Lane
Ri#001-19; CL.3#001-19; SEPA0010-19
9
JUN27 201
CITY OF YAKIMA
PLANNING DW
12
which is ztuied R-3. Since this is a project rezone to allow specific play area, open
space andlor other accessory uses for the applicant's adjacent campus, there is DO
need to consider the suitability of the property for other uses allowed in the R-3
zoning district. No one opposed the requested project rezone,
(3) The recommendation from interested agencies and departments.
The Planning Division recommends approval of the proposed project rezone, No
agencies or departments opposed this requested project rezone:
(4) The extent to which the requested zoning amendment is in
compliance with arid/or deviates from the goals and policies as adopted in the
Yakima Urban Area Comprehensive Plan and the intent of the zoning
ordinance. The R-3 zoning district would be in compliance with the current
Nibited Residential designation of the 0.21-acie parcel as is prescribed by the
Future Land Use Map 111-3 and Table III -11 entitled Future Land Use and Current
Zoning Comparison of the City's 2(40 Comprehensive Plan, It would also be in
compliance with the following goal and policies in the 2040 Comprehensive Plan:
(a) 0001U; Preserve and enhance the quality, character and
Function of Yakiona's residential neighborhoods,
(b) Po icv 23.1 Provide for a wide variety of housing types within
the city to meet the full range of housing needs for Yakirna's evolving
population.
(c) Policy 2.3,6: Allow some compatible nonresidential uses in
residential ZoneS, such as appropriately scaled schools, churches, parks, and
other public,tommunity facilities, home occupations, daycare centers, and
other uses that provide places for people to gather. Maintain standards in
the zoning code for locating and designing these uses in a manner that
respects the character and scale of the neighborhood.
The proposed prijed rczonc would also be in compliance with the intent of the
zoning ordinance for the requested R-3 zoning district. MC §15,03,020(D)(1)
provides that the intent of the existing R-3 zoning district is in part to exclude
activities which are not compatible with residential uses, YMC §15.02020
defines "compatibility" as the characteristics of different uses or developments
that permit them to be located near each other in harmony with or Without special
mitigation, The proposed childcare play area, open space and/or other accessory
RECEIVED
Triumph Treatment Services
Project Remne from R-2 to R-3
And Gass (3) Office Use
Campus at 600 Superior Lane
1tZ#001-119 C430102-191 SEP
10
JUN 2 7 2[)13
cm( oF YAKtitakk
PLANKING DIV
13
uses would bc compatible with the residential uses in the applicant's campus as
well as with the character of the residential uses hxated in the 1t-3 zoning district,
.riw, requested project rezone would also be m compliance with the intent of the
zoning ordinance if it satisfies the criteria in the zoning ordinance for approval of
the requested rezone front the 11.2 zoning district to the R-3 zoning district.
(5) The adequacy of public facilities, such as roads, sewer, water and
other required public services. The subject property is accessed by Englewood
,A.venue which is a Collector Arterial and which has existing curb, glitter and
sidewalk along the property frontage, Fairbanks Avenue and Jerome Avenue both
dead-end at the eastern property line of the applicant's campus, They are not
propos.ed for access to the applicant's campus except for a single locked access
from Jerome Avenue that would only be used for maintenance purposes. 1 he
subject property is served by City of Yakima water and sewer, Pacific Power
electricity, Cuseade Natural Gas, CenturyLink telephone, Charter cable TV, and
City of Yakima garbage collection services, police department services and tire
department services.
(6) The compatibility of the prnpnsed zone change and associated uses
with neighboring land uses, The proposed zone change to R-3 and the proposed
childcare play. area, open space and/or other accessory uses on the 0.21 -acre parcel
would be compatible with the uses of the applicant's adjacent parcel to the west,
The proposed new use of the 0,2I -acre parcel would be integrated by perimeter
fencing into the applicant's existing campus as an accessory use in the same R-3
zoning district. II would result in the removal of an unsightly residence in poor
condition from the residential neighborhood east of the applicant's campus, The
requested rezone would be a low-density play area, open space and/or other
accessory lases that would not increase the number of residents of the applicant's
pus or the mint of traffic. None of the residents of the neighborhood
submitted written comments or testimony in opposition to the requested project
rezone,
(7) The public need far the proposed change. The changed circumstances
which support the public need for the zoning change from the R-2 zoning district
to the R-3 zoning district include the applicant's purchase of the adjacent 021 -
acre p el proposed for the R-3 zone in 2018 in order to better serve its residents
by providing a secure childcare play area, open space and/or other accessory uses
Triumph Treatrnerrt Service.
Project Rezone Um R-2 to R-3
Anti Class (3) Offiee Use
Campus at 604) Superior Lone
RZtree CL344002-161 SEPANO
11
RECEIVED
JUN 2 7 MI
CITY OF YAKIMA.
()LAMING ON
14
for its campus. The exNinsion of the applicant's campus to include the 0.21 -acre
parcel within the perimeter fencing of its adjacent campus to the west would help
kict'orntriodate the public need for the serviees provided by the applicant. illiose
services include a campus that pmvides a quality healing atmosphere which in turn
serves the hest interests of the community by allowing, children to reside with
healthy parents,
1X. (3) ff ripw Criteria for ti Promised 3.-Ftiot-131cIt 13.000-
S ore.ffont uild' to be U Part for Offices in the Existin R-3
',Zoning District Since "Offices" are listed as Class (3) oses in the R-3 zoning
district by YMC Table 4-1 in YMC §15n04.030, the Hearing Extunincr's findings
and conclusions relative to the proposed 35 -Foot -high 13,000 -square -loin building
which would he used in part for office purposes within the applicant's R-3 zoned
campus arc required to include specific reasons and ordinance provisions demon.
strafing that the proposal satisfies the following requirements set forth in YMC
§1504.020(C) and YMC §15, I 5 040(E).
(1) Compliance and Compatibility with Clic Objectives and Develop-
ment Standards of the Comprehensive Plan. The proposed 35 -foot -high 13,000 -
square -fool building to be used in part for a Class (3) office use in the 1-3 zoning
district would be compliant and compatible with the City's Comprehensive Plan
Future Land Ilse Map due to the Mixed Residential designation or the applicant's
campus. The proposed office ase of the propased building would also be com-
pliant and compatible with ale following Comprehensive Plan Goal 2.3 and
Policies 2,3,1 and 2.3,6
(a) Cioal 2.3: Preserve and enhance the quality, character and
function of Yakitria's residential neighborhoods.
(b) r011CY 2,3,1: Provide lr a wide variety of housing types within
the city to meet the lull range of housing needs for Yakima's evolving
population.
Triumph Treatment Services
Project Rezone from R-2 to R-1
And atisls (3) OfficctJ
campus at 600 &yeller teline
R7 1_19; c -19z SEPAPDIP-19
12
15
(c) I 2.3.6. Allow some compatible nonresidential uses in
residential zones, such as appropriately scaled schools, churches, parks, and
other publiecominunity facilities, home occupations. daycare centers, and
other uses that provide plac-es for people to gather. Maintain standards in
the zoning code for locating and designing these use in a manner that
respects the character and scale of the neighborh
(2) Compliance and Compatibility with the Intent and Character of the
Multifamily Residential (R-3) Zoning District IrNIC §15.03.020(D)(1) provides
that die intent of the existing R-3 zoning district where the new proposed building
on the campus would be- located is in part to exclude activities which are not
compatible with residential uses. YMC §15,02_020 defines "compatibility" as the
characteristics of different uses or developments that permit them to hc located
near each other in hamiony with or without special mitigation, The proposed
office use would be conducted in a portion of a proposed building which is
designed to be compatible with the existing residential uses in the applicant's
campus as well as with the character of the existing residential uses located in the
R-3 zoning district. The proposed building would have gable roofs like the
buildings in the current residential campus, The additional parking spaces would
provide parking for various purposes related to the new building. The office use is
allowed m the R-3 zoning district by YMC 'Fable 4-1 in YMC §15.04.030 so long
as it satisfies the prescribed criteria fire approval of a Class (3) use.
(3) Compliance with the Provisions and Standards Established in the
Zoning Ordinance, The applicable provisions and standards in the zoning
ordinance include some of the requirements detailed above in the comments of the
City's Development Services Team, Some of the additional development stan-
dards which apply within the existing R-3 zoning district where the new building
would be located include the following:
(a) Number kitParking_Spaces: Reattired: YMC Table 6-1 in YMC
§15,06.040 requires offices and clinics to have one parking space for each
200 square feet of gross floor arca. C §15.06,040(A) defines "gross
floor area- as the total square footage of all floors in a structure as
measured from the interior surface of each exterior wall of the structure and
including halls, lobbies, enclosed porches and fully enclosed recreation
areas and balconies, but excluding stairways, elevator shafts, attic space.
R IVED
Triumph Treamyent Services
Froject Rezone from R-2 to 14,3
And Class (1) Office Use
Campus at 600 Superior Lane
R24001-I9i CL310603-19; SEPA#010-19
13
JUN 9 7 2D19
OF YAKNA
FLANNING ory
16
mechanical rooms, rest ms. uncovered steps and lire escapes, private
garages, carports and off-street parking and loading space,. Storage areas
are included in gross floor area, however, the required off-street parking
for storage areas shall he calculated at the rate of tine space per live
hundred square feet rather tlttuh the specific: parking scan established in
Table &1 except when the parking standard for the principal use would
require fever parking spaces 0.e., one space per six hundred square fees).
All required off-street parking, shall be subject to the procedures of this title
and the standards of this section. Here the applicant proposes to provide 15
additional parking .space, complying with the standard of one space for
each 200 square feet of * ss floor area. An email from the applicant's
representative dated April 15, 2019, indicated that the gross floor arca of
the office spats would be 2,523 square feet, which requires a minimum of
13 parking spaces. The childcare portion of the building is not additional
space, but is replacing childcare areas that are currently in the residential
buildings. There are no parking requirements for the commercial kitchen
and multi-purpose dining roma which are considered accessory uses to the
overall facility.
(h) Ltindscafaii of Iauking Lots Kcquired: YMC §15e06,090(A)
requires that landscaping bl* parking lots with five or more spaees shall he
ten percent of the total parking area. "1'he landscaping area may be included
tci satisfy the lot coverage (impermeable surface) requirements of Table -1.
In this situation, adjacent landscaping as shown on the site plan shall satisfy
this requirement,
(c) Lighting of Parkin;, l4,tS4Rcq ter ri YMC §15,06_100 provides
that lighting shall he provided to illuminate_ any off-street parking or
loading space used at night. When provided, lighting shall be directed to
reflect away from adjacent and abutting. properties. Parking lots adjacent to
residential districts or uses shall he designed with down -shielding and
luminaries creating no lighting pollution upon those properties. A
photometric lighting plan may be required if the parking lot is pleated
adjacent to or abutting residential properties,
(d) Paving of=Narking 1 Ns Kct uitvd; C gl5.+P6.110(A) 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
RECEIVED
Triumph Treannant Services
} rolcci tterone from K-210 R-3
And Clasp (3) Office Use
Campus at 640 Superior Lane
RZNUO1-19; C 3N902 -t9; SCIIAi iIa
14
JUN 2 7 2019
CITY T °AIAPLANNING 0111;
17
vehicles shall be paved h -thick asphaltic surfacing an an
aggregate base, or an equivalent stir acceptable to the administrative
official, so as to eliminate dust or mad, Pervious asphalt or concrete
materials aro. encouraged.
(c) S]t enx ring;; YMC Table 7-1 iia C §15.07.050 requires that
ng tandr t1' shall be installed along the northern and eastern
propertyM lines of the 021 -acre parcel no. 181314.34426 proposed for a
reZoric, YMC §15,07:040(A) provides that Sitescreening Standard C
consists of a sit -foot -high, view -obscuring fence, made of wood, masonry
block, concrete, or slatted chain link material. A three-foot-vvide planting
strip Landscaped with a combination of trees, shrubs and groundcovcr along
the outside of the fence is also required when the fence is adjacent to a
street, alley or pedestrian way. Here the applicant's site plan identifies a
"new fence at perimeter' along the northern and eastern property lines of
the 0.21 -acre parcel no: 1 81314-34426 where the childcare play area would
be located, The fence shall he vies -obscuring.
(f) Setbacks:: Table 5-1 in YIv1C Chapter 1.5.05 provides that the
required stricture setbacks Far the pro ed building in the F-3 zoning
district include a front setback of at least 40 feet from the centerline of the
right-of-way and at least 20 feet from the front property line; a rear setback
of at least 15 Feet from the rear property, line; incl side setbacks of at least
10 feet from side property lines. Here the applicant's proposed site plan
meets or exceeds all required structure setbacks from the property fines and
adjacent rights-of-way.
(g) Frouttt v)lttppt y n ht5 The proposed new building does not
require any frontage irizprt. vtrterstso
(h) Pub* Fq_e litat City of Yakima sewer and water ar available.
The property is accessed from Englewood Avenue which is a Collector
Arterial and which has existing curb, glitter and sidewalk along the frontage
of the applicant's campus. Fairbanks Avenue and Jerome Avenue, which
dead-end at the subject property's eastern property line, are not currently
proposed to be used for access with the exception of a locked access for
ntenance purposes only from Jerome Avenue,
Triumph Treatment Servtces
Project Rezone from R-2 to R-3
And Class (3) Office Use
Campus. alt &iO Soperior Lane
a7.d ]t=19; t.30M01-J9; SEPAMO1O.19
15
RECEIVED
JUN 2 7 21119
CITY C* Vft
PLANSING v
18
(i) Lot coverage: According to the site plan. the applicant's new
building and parking area would only increase the lot coverage of its
campus to 48% in the PG3 zoning district which allows 80% lot coverage,
CAlrrePt-24-71091-1thil,41,412.-,U J1 mi�n Normally the
maximum building height in the existing R-3 zoning district area would be
50 feet, However, Condition 2.7 of a 1998 Hearing Examiner's Recom-
mendation in R74008-98 and CL3ft008-98 which was adopted by the
Yakima City Council under Ordinance 98-53 limited the height of buildings
on the applicant's campus to a maximum height of 24 feet to ensure
eompatibility with the neighboring zoning districts. At that time, the
property north and east of the applicant's campus was zoned R-1 (which is
now zoned R-3 and R-2) and west of the subject property was zoned Rd
and R-2 (which is now zoned R-3)_ surrounding area was still quite
rural at the time, with orchards immediately abutting the applicant's
campus on the north and with orchards located west of the applicant's
campus.
(k) Changes Sincei92,8%It „0,glhe.RNOS.44.15.,TOPIVAlklitig
llei )ht Limitation: Since the original approval of the applicant's campus,
thee agricultural lands have ail been subdivided for residential uses, and
more intense zoning districts have been approved for surrounding areas.
The 24 -foot height restriction is no longer necessary because the only
retnaining R-1 zoning in the area is located southeast of the subject
property across Englewood Avenue. None of the comments received from
property owners and public agencies opposed the requested increase of the
building height of the existing campus to 35 feet with the newly rezoniad
parcel to have the maximum 50.1bot building height allowed for the R-3
zoning district. Therefore, the applicant's request to increase the ITRIXiMIlirl
building height for the existing campus property from 24 feet to 35 feet,
which is still lower than the standard building height limitation of 50 feet in
the rest of the R-3 zoning district, is a reasonable request that is consistent
with its current R-3 zoning and with adjacent R-2 zoning to the east which
also has a maximum building height of 35 fect
X. The Consistency of a Proposed Building Use as Partly for a Class (3)
RECEIVED
Triumph Treatment Services
Projeet Rezone from R-2 M R-3
And Class (3) Ofliee Use
Campus at 6(O Superior Lane
1114001 -Ft; CL3 -19; SEPAM)10-19
16
JUN 2 7 Z019
CITY 11, YAKIMA
PLANNING 01V
19
ice Use vvith all lIevelo ttit,sitt Re (flattens and the Com ri!hensive
Plast under the Criteria Ret uired h "I'Me "16.06.020B is determined by
consideration of the following factors:
(1) The types of land uses permitted at the site include the proposed
office use which is allowed as a Class (3) use in the existing R-3 zoning of the
applicant's campus if, as here, the criteria for approval of a Class (3) use are
satisfied,
(2) The density of residential development and the level of development
such as units per acre uld allow for approval of the proposed Class (3) use, The
proposed use of the appli ts campus would be considerably less dense than the
maximum density allowed in the R-3 zoning district since lot coverage of the
applicant's campus would be about 48% in the R-3 zoning district that allows 80%
lot coverage,
(3) The availability and adequacy of infrastructure and public facilities
is not an issue here since there are adequate public and private utility services
available for the building and since there is adequate access to the site by way of
Englewood Avenue,
(4) The characteristics of the developntent are consistent with the
development regulations and Comprehensive Plan considerations as discussed in
detail above,
CONCLUSIONS:
Based upon the foregoing Findings, the 1-1 ;ing Examiner ches the
following Conclusions:
Pursuant to C Chapter 1A3, the Hearing Examiner has jurisdiction
end approval by the Yakima City Council of (i) the requested project
rezone ofthe 0,21=acre parcel no. 181314-34426 from the Two -Family Residential
(R-2) zoning district to the Multifamily Residential (R-3) zoning district to allow a
Triumph Treatment Services
Project Rezone from R-2 to R-3
And Class (3) Office Use
Campus at 600 Superior
R)61 -1C ii -191SEPAN010-19
17
MED
JUN 2 7 201g:
7Aitk7.
N.AWIN Okt
20
21
childcare play area, open space atuVor other accessory uses on that parcel and of
(11) the requested Class (3) office use for a portion of a proposed 35-11ot-hi
13,000 -square -Toot building on parcel no. 181314-33413 west of the parcel
proposed for a rezone in order to expand and improve the cxisting Triumph
Treatment Scr,ices facility and campus at 600 Superior Lane, subject to
conditions.
(2) Public notice for the June 23, 2019, open record public hearing was
provided in accordance with zoning ordinance requirements.
(3) A SEPA Determination of Nonsignificance (DNS) for this requested
rezone and prop.;- 35-forn-high 13,000 -square -fool building to be used in part
for an office use was issued on May 10, 2019, and became final without any
appeals.
(4) The requested rezone and proposed building to be used in pari for an
office use are compliant and compatible with the Future Land Lise Map 1114, with
the 1.and Use Compatibility 'Fable 111-11 and with goals and policies of the 2040
Yakima Urban Arca Comprehensive Plan.
(5) R4 zoning is permitted for the 0.21 -acre parcel no. 181314-33426
located within the Mixed Residential designation of the City's 2040 Compre-
hensive Plan in locations where, as here, it will be compatible with neighboring
land
(6) The evidence presented at the hearing was to the effect that there is
currently a high demand and need for the services provided by Triumph Treatment
Services that support the requested rezone and the proposed Clays 13) use.
(7) The proposed 35 -foot -high 13,000 -square -foot building to be used in
part for an office use is less dense than the maximum lot coverage allowed in the
R-3 zoning district; is allowed as a Class (3) use in that zoning district; and is
compliant and compatible with the intent arid with the development standards of
that zoning district without the need for any variances or administrative
adjustments of the applicable development standards.
(8) Approval of this application for a project rezone from the R-2 zoning
district to the R-3 zoning district and for a Class (3) office use in the R-3 zoning
district will result in public benefits and will serve the best interests of the
community,
RECEIVED
Triumph Treatment Services 18 JUN 2 7 :(T-19
Project Rezone from R-2 to R-3
CITY (W YAKKIA.
And Class (3) °Woe Lisa MANNING Div
Campus at 600 Superior Lane
81)011 -14; CL30 -19; SEPA#0113-19
(9) 1 his application satisfies all of the prescribed criteria for approval by
the Yakima City Council of a project rezone of the 0,21 -acre parcel no, 181314-
33426 from the R-2 to the R-3 zoning district to be used as a childcare play arca,
open space andior other accessory uses, and for approval of an office use in part of
a new 35 -toot -high 13,000-squarc-foot building on parcel no. 181314--33413.
(10) This request for a rezone and for approval of the proposed building for
a Class (3) office use complies with the YMC §16,06.020(B) criteria for making a
Determination of COnsistericy,
RECOMMENDATIONS
Pursuant to YMC §15,23.030 which requires the Class (3) use request to
constitute a recommendation because it is consolidated with the rezone rawest.
the Hearing Examiner recommends to the Yakima City Council that this appli-
cation for (i) a project rezone of the 0.21 -acre parcel no. 181314-33426 from the
Two -Family Residential (R-2) zoning district to the Multifamily Residential (R-3)
zoning district to be for a childcare play area, open space andlor other
accessory uses and for (ii) approval of a 35 -foot -high 13,000 -square -foot building
to be used in part for a Class (3) office use in accordance with the documentation
submitted for City File Nos. RZ8001- 19, C1,3002-19 and SEPA#010-19 be
APPROVED, subject to the following conditions:
(1) Complete drainage plans and calculations which are completed hy a
Professional Engineer registered in Washington State shall be submitted to the
Surface Water Engineer for review and approval, and Underground Injection
Control (I'IC) wells shall be registered with the State Diva ent of Ecology;
(2) Contractors doing excavation, clearing, ennstruction, landscaping or
demolition work must file a Dust Control Plan with the Yakima Regional Clean
Air Agency and obtain approval thereof prior to the s any work;
Triumph I -re -ailment Services
Ppoject Itexone from R-2 to R-3
And Class (3) Office Use
Camps at 600 Superior lane
RZW001-19; CL3#012-1e; SEPAigitM-19
19
RECEIVED
JUN 2 7 if019
CITY OF YAMA,
PLANIMory
22
(3) Prior to demolishing any structures, an asbestos survey, must be con-
ducted by a certified asbestos abatement building inspector;
(4) Any asbestos found shall be removed by a licensed asbestos abatement
contractor prior to demolition of any structures;
(5) A Notification of Demolition and Renovation (NC)VR) application must
bc filed with the Yakima Regional Clean Air Agency with payment of the fee;
(6) The Washington State Department or Ecology recommends that the
soils bc sampled and analyzed for lead and arsenic, and for organochlorine
pesticides, and if contaminants are found at concentrations above the Model
Toxics Control Act cleanup levels, that potential buyers should he notified of their
DC-Cita:1'We;
17) Since a nearby domcMic well is not located upon land owned hy the
applicant, obtaining the right to access or the right to use land which the applicant
docs not posses -3 is a private matter laciween the applicant and that landowner;
(8) Sitesercening Standard C shall be installed along the northern and
e-a.stern property lines of the 0,21 -acre parcel no. 181314-34426;
(9) The maximum building height allowed on the applicant's campus shall
be increased to 35 feet, except for the parcel proto be rezoned which may
maintain the standard height limitation Of 50 ft in the R-3 zoning district; and
(10) The applicant shall provide for approval of the Yakima City Council
and for recording with the Yakima County Auditor a modified development
agreement or an amendment to the existing development agreement originally
approved in 1998 under Ordinance 98-53 in a form satisfactory to the Planning
Division which reflects a revised 35 -foot _maximum building height rather than the
current 24 -foot maximum building height for the applicant's campus except for
the 50 -foot height limitation which will be applicable to parcel no. 181314-34426.
DATED this 27th day of .Tune, 2019.
Triumph Treatment SCI-ViCCS
Project Rezone from 11-2 to R-3
And Class (3) Offite U
Campus at 600 Superior Lane
R 01-19; CU 2-19; SEPAM010-19
Cary M. Cuillier, Hearing Examiner
RECEIVED
20
JUN 2 7 Z0I9
YAXIMA
PIING DIV
23