HomeMy WebLinkAbout2019-018 Rezone of 2708 Jerome Ave; Triumph Treatment ServicesAN ORDINANCE
ORDINANCE NO. 2019-018
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,
Exhibit "A"
Hearing Examiner Recommendation
City of Yaki a,
ashington
caring Exa iner's ecom endations
Jane 27, 2019
In the atter of an Application )
Submitted on Behalf of:
Triumph Treat ent Services )
-2 e to the R-3 ine; for a )
Class (3) 0 ice Use; and for SEPA )
Revi for Expansion of Existing )
Facilities at Su rior Lane )
For a Project Rezone from the
Z4 11-19
C 002-19
SEPA#010-19
A. Introduction, the findings relative to the hearing process for this application
may bc SUMIlflarind as follows:
(1) The Hearing Examiner conducted an open record public hearing
relative to this application on June 13, 2019,
(2) The thorough staff report that was presented by Associate Planner Eric
Crowell recommended approval of this application fOr a project rezone from the
Two -Family Residential (R-2) zoning district to the Multifamily Residential (R-3)
zoning district and approval of a Class (3) office use in a portion of a proposed 2-
story 35-fool-high 13,000-square-foot building, subject to conditions,
(3) The applicant's representative for this application, Nancy C an of
Traho Architects, P,S,, indicated that Mr. Crowell has been helpful during the
processing of this application and explained the history of the applicant's campus,
Triumph Forninient Services
Project Rennin! from R•2 to 11.3.
And Class (3 ) Office Use
Campus at WO Superior I Ape
RZ4001-19; CL3q007.19; SEPAM0110-19
(4) No one else appeared to testify at the hearing.
(5) One written public comment pertaining to this application was sob-
mitted by Juan Sanchez who resides at 2706 Jerome Avenue to the effect that he
does not wish the water located on his property to be used for the applicant's
adjacent parcels.
(6) The request for approval of the project rezone, the request for approval
of a Class (3) office use in a new building on the applicant's campus and 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 providcs 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 sluff constitute a recommendation to the legislative body.
(7) These recommendations relative to the requested rezone of a 0.21-acre
parcel adjacent to the applicant's existing campus from thc R-2 zoning district to
the R-3 zoning district and relative to the requested Class (3) office use for a 35-
foot-high 13.000-square-foot buildingon the applicant's campus which is already
zoned R-3 have been issued within [en business days of the hearing.
, Summary of Recommcrttjtttitms. The Hearing Examiner recommends that
the Yakima City Council allow the expansion and improvement of the existing
Triumph Treatment Services campus at 600 Superior Lane (i) by approving the
requested project rezone of the 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 alloy,/ a childcare play area, open space and/or other accessory
uses on that parcel and (ii) by approving the requested Class (3) office use for part
of a pro tLed 35-foot-high 13,000-square-foot building on the adjacent parcel no,
181314-33413 wcst of the parcel proposed for a rezone, subject to several
conditions,
Triumph Treatment Services
Project Rezone from R.2 to R-3
And Class (3) Office Use
CainpuN at 600 Superior Lane
RZN001-19; C11.30/002-119; SP:FM*010-14
•
2 JUN 7 201
CITY OF YAKIMA
NM. 01V
Co Basis for evrtnrrnendutions. Rased upon a view of the site on June 12,
2019, with rio 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 t Jrban Arca
Zoning nancc, Title 15 of the Yakima Municipal Code (YMC); the Hearing
Examiner makes and issues the following:
tF t
an entity
N
` te1 Attttli ttn rtd f 't 1"' entatttve The pru gterty o er is
ed under the umbrella of the appli t, Triumph Treatment
Sery - ,which is named Yakima Valley Council on Alcoholism. 120 South 3"4
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 1Avenue, Yakima, Washington 98902
H. f .ocation. `foe to ° tian of the 0,21-acre parcel proposed for the rezone is
27GB Jerome Avenue adjacent to the east side of the applicant's property°
( cssor's Parcel Number 1 Y 1314-34426). 'lie location of the proposed 35-foot-
hi h 13,0E =square -foot building to be used p 'tIy for office pu g es is w«t of
the panel proposed for the ne (Assessor's F srcel Number 181314-33413).
TIC Af1),fiil
The mai
spects of this master application for approval of
both a rez e d a CI 13) u may be summarized as follows:
Triumph rtcarnent Service-6
Pmject kermne from R-2 to R-3
Mid Class (3) Office Use
Camps al f 0 Superior lane
1-19; e13a402-19; SFPad910-19
2919
YAKIMA
0l9`.
'triumph IrcaWent Services
Project Beaune (ram 14.2 to K-3
And Clam (3) °like Use
Campus at 600 Superior Lane
RZ0001-1 9; CLP(002-19: SEPA01014-19
(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, 2019, A notice of a complete application was sent on April 12, 2019. The
purpose (If the application is to accommodate needed program growth of the
current Triumph Treatment Services residential campus and facilities without
adding new programs. There are three 1)S1IS treatment programs, each for 16
women and their children under 5 years of age, 'lite residents live and stay at the
facility full time with residential staff They du not have cars. Thc clinical,
childcare and counseling management stafT members are on the site every day
with reduced staff un 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 fbod delivery, refuse dutripster
access, kitchen employees, the van to deliver food to the Triumph Treatment
Services facility at 3300 Roosevelt Avenue, current eainpus staff and visitors on
weekends, The campus and facilities are acee.ssed by way of Englewood Avenue.
There would be no vehicular or pedestrian access to Superior Lane from 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 201$ from the Two -
Family Residential (R-2) zoning district to the Multifamily Residential (R-3)
zoning district to allow it to be used for an accessory childcare play area, open
space and/or other accessory uses. Thc application also requests approval of a
Class (3) ()trice use for a portion of a proposed 35-foot-high 13.000-square-loot
building to be constructed west of the parcel proposed for a rezone.
(3) The additional building with 15 new parking spaces would he located
on the east side of the existing Triumph Treatment Services camps 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 -purpose dining
room. The therapeutic childcare would be relocated from the current campus
buildings and part of the upper Door 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
RECEIVED
4
JUN 2 7 ?i)19
CITY OF YAKIMA
PtAttIMAID DIV
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
building height on the existing campus from the 24 feet required by a 1998
Ilearing Examiner decision and development agreement for this campusit
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, The
additional height would allow for (E occupancy) childcare for 50 children an the
first floor with (13 occupancy) Wilms on a smaller upper floor about one-third the
size oldie first lloor of the building that would he set back from Superior Lane to
match the character of the existing attractive buildings on the well -maintained
campus, The building would be fully fire-sprinklered 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 shed and storage container would he moved to allow
for construction of thc new building. An existing residence in poor condition
would he removed from the meek to be rezoned in order to allow that parcel to be
used as a childcare play area, open space andr'or other accessory uses. Thc rezone
would match the R-3 zoning of the applicant's existing campus to the west, and
would allow the small parcel to he included and fenced as part of the existing
facility and campus.
(6) Pursuant lo YMC §15. I 1.100, all aspects ofthis application are decided
by the City Council with the aid of these recommendations from the Hearing
Exami ner.
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:
Mailing of hearing notice to owners within 300 feet:
Publishing of hearing notice in the newspaper:
Triumph Treatment Services
Project Rezone from R-2 io K-3
And Class (3) Office Use
Campus at 4500 Superior Lane
R14001-19; CL33/002-19; SEPA0010-19
April 12, 2019
April 18, 2019
April 18, 2019
RECeVED
JUN 2 7 0I9
CITY OF YARIMA
PLANNING OIV
VE_nvieonnlcltltall f ewie ', A Notice of Application and SEPA Envircrnrktental
Review, was mailed to SEPA agencies, the applicant and adjoining property
owners within 300 feet of the subject property on April 18, 2019, Two written
comments from members of the public were received during the comment 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 sham the use of the well on his
property, A SENA Determination of Nonsignificance (DNS) was issued on May
10, 2019, which became final without any appeals.
VI. 7onitll+, stud 1,
The 0,21-acre parcel no. 181314-34426 proposed
loot to rctrrte loom the Two -Family Residential (R-2) zoning district to the Multi-
family Residential (R-3) zoning district to allow a childcare play area, open .space
and,+'or other accessory uses on that parcel currently is the site of a residence in
poor condition that would be removed. The adjacent parcel no. 181314-33413
immediately to the west proposed as the site for a new 35-Rio -high 13,000-
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 he described as follows:
(1) The 0.21-acre parcel proposed for a rezone to the R-3 zoning district:
krt;Zoit rca tits„„41 d,df5
R-2 Residential
R-2 Residential
R-2 Residential
R-3 Community Services
South
Gast
wcsi.
Triumph Treatment Services
Vroject Re -/cane fmm R 2 to R-3
And Class (3) Office Use
Campus at 600 Superior Lane
RZ$o01-19; CI OO2-19; SEPA 010-19
RECEIVED
JUN 2 7 2019
CITY OF YAKIMA
PLANNING ON
(2) The applicant's existing campus adjacent to th
proposed fur the rezone:
Location
North
Soutli
East
West
R-.3
R-2
R-2
R-3
I S
cel
ixisling Land Use
Vacan Land
Residential
Residential
Community Services
V11. Written Comments of tb t)ve1opmnt Services Team (DST) and
Others. The Development Services Team meeting was held for this project on
April 2, 2019. Thc following comments were received front 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 fire hydrants may be required depending on the
occupancy and construction types of the building, and whether or not the building
will he equipped with a fire 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 ((UC) wells are required to be registered with the
Washington State Department of Ecology,
(3) Ynkinnift,egjonal Clean_Air 41)gency_LIRCAAr. Contractors doing
excavation. clearing, construction, landscaping or demolition work mast file a
Dust Control Plan with YRCAA and get approval prior to the start of any work.
Prior to demolishing any structure's an asbestos survey must be done by a certified
asbestos abatement building inspector, Any asbestos found roust 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 be paid,
RECEIVED
triumph Tiviriment Services
Project Rezone from R-2 to R.3
And Class (3) Office Use
Campus al 604) Superior Lane
Ri<1001-19•,, CL34002.14; SEPAIM1019
7
JUN 2 7 2019
CITY OF YAKIMA
PUNNING DIV
(4) Washington State_Apartinent of Ecology: 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, and for organochlorine pesticides.. If these
contaminants arc finind at concentrations above the Model Toxies Control Act
cleanup levels, Ecology recommends that potential buyers be notified of their
occurrence. Comments relative to water issues are as follows:
(a) Regarding the answer provided in subsection 13(3)(b)(1) of the
Environmental Checklist entitled Environmental Elements — Water
Ground Water, the 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 specify the authorization
for water use, and no permitted water rights with Ecologylist 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 dis(rict, 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 tire different than
the existing water right (source, purpose, the place of use or period of use),
then it is subject to approval from the Department of Ecology pursuant to
Sections 90,03,380 RCW and 9044, 100 RCW,
(c) 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 of up to one-half acre of Iawn and garden are exempt from
the permitting process, Any wound 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) 1,'qhljecomments: `I'wo 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 -I reatmcnt Scr.'ices
Projeci Rezone from R-2 to R-3
And Class (3) OfficvlJs
Campusit 604) SuperiorLane
RZ#001-19; CL341002-19; SEPA/0010-19
JUN 2 7 2019
cm' OF YAKIMA
PLANNING DIV
Triumph Ilratmont S.crvices
Project RCIUNIC from R-2 to ft-)
And Class (3) Office Ilse
Campos al 600 Superior Lane
K1.4001 -19; C L3t0002-1 9; SEPAIOS 111-19
the site and the Genesis building, The adjacent property owner states that he does
not have irrigation nor a lot of water currently on his property, and does not plan
to share the well with the applicant. In response to that comment. the comments
from the Department of Ecology confirm the property owner's statement to the
effect that the domestic well s not on land owned hy the applicant, but notes that
the Environmental Checklist does not claim ownership of said well; that Ecology
has no, record of this well having permitted water rights; that this is a private
matter between the two property owners; 4171d that it is up to the applicant to
determine how water will be delivered to the site for irrigation purposes_
RezoneR ':riteria, The Ilearing Examiner's recommendations
regarding rezone applications within the Yakima Urban Area must be based upon
the following criteria specified in YMC §15.23.030(D);
(I) The testimony at the public bearing. Associate Planner Eric Crowell
and the applicant's representative, Nancy Charron of Traho Architects, l'S,, both
testified in favor of the requested rezone of the 0.21-acre parcel no. 1.81314-34426
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 used for a
childcare play area, open space and/or 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 antlior oral comments at the public hearing on this proposed
rezone. Only one relevant written public comment was received which did not
oppose the requested project rezone. No testimony was presented at the hearing in
opposition to the requested rezone.
(2) The suitability of the property in question for uses permitINI under
the proposed zoning. The small parcel proposed for a rezone to the same zone as
the adjacent campus would be well suited for integration into the applicant's
existing campus to be used for a childcare play area, open space and/or other
accessory uses. It would result in removal of a residence that is in poor condition
and would hc included within the fencing for ihe applicant's existing campus
RECEIVED
9
JUN 2 7 ?CM
CITY OF YAKIMA
PLANMNG
which is zoned R-3, Since this is a project rezone to allow specific play area, open
space and/or other accessory uses kir thc applicant's adjacent campus. there is no
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 departmentpposed this requested project rezone,
(4) The extent to which the requested zoning amendment is in
compliance with and/or deviate8 from the goals and policies as adopted in the
Yakinta Urban Area Comprehensive Plan and the intent of the zoning
ordinance, 'Pie R-3 zoning district would bc in compliance with the current
Mixed Residential designation of the 0.21-acre parcel as is prescribed by the
Future land Use Map 1I1-3 and Table 111-1 1 entitled Future Land Use and Current
Zoning Comparison of the City's 2040 Comprehensive Plan, It would also he in
compliance with the following goal and policies in the 2040 Comprehensive Plan:
(a) cioal2„3; Preserve and enhance the quality, character and
function of Yakima's residential neighborhoods.
(b) Policy 2,31: Provide for a wide variety of housing types within
the city to [Iwo the full range of housing needs for Yakima's evolving
population.
(c) Policy 2,36: Allow some compatible nonresidential uses in
residential zones, such as appropriately scaled schools, churches, parks, and
other public/community 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 project rezone would also be in compliance with the intent of the
zoning ordinance for the requested R.-3 zoning district YMC §1 5,03,020(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 uso. YMC §15,02,020
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 arca, open space and/or other accessory
RECEIVED
Triumph Treatment Services 10
Project Rezone from R-2 to R-3
And Ctass (3) Office Ow
JUN 2 7 2019
Campus at 600 Superior Lane CITY OF YAK A
14Z4001-19; C1 #602-19; SEPA#010-19
PLANNING DV
uses would be compatible with the residential use S in the applicant's campus as
well as with the character of the residential uses located in the R-3 zoning district,
'the requested project rezone would also be in compliance with the intent of the
zoning ordinance it satisfies thc criteria in the zoning ordinance for approval of
the requested rezone from the R-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
Avenue which is a Collector Arterial and which has existing curb, gutter 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
proposed for access to the applicant's campus except for a single locked access
from Jerome Avenue that would only be used for maintenance purposes. The
subject property is served by City of Yakima water and sewer, Pacific Power
electricity, Cascade 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, proposed zone change and associated uses
with neighboring land uses. The proposed zone change to R-3 and the proposed
childcare play area, open space andior other accessory uses on the 0.2I-acre parcel
would be compatible with the uses of the applicant's adjacent parcel to the west.
The proposed new use of the 0.21-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, It would result in the removal of an unsightly residence in poor
condition from the residential neighborhood c-ast of the applicant's campus. The
requested rezone would be a low -density play area, open space and/or other
accessory uses that would not increase the number of residents of the applicant's
campus or the amount 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 for the proposed change. [he 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 parcel proposed I'or the R-3 one in 201 S in order to better serve its residents
by providing a secure childcare play area, open space arid/or other accessory uses
RECEIVED
Triumph Treatment Sem, .e-s
Project Rezone from R-2 to R-3
And Class (3) Office Use
Campus si GOO Superior Lane
R7.00111-19; C1.30/002-19; SEPAN4111)-14
11
JUN 2 7 ?Ill9
CITY Of YAKIMA
PLANNING DIV
for its campus. The expansion of thc applicant's campus to include the 0_21-aciv
parcel within the perimeter fencing of its adjacent campus to the west would help
accommodate the public need for the services provided by the applicant. Those
services include a campus that provides a quality healing atmosphere which in turn
serves the best interests of the community by allowing children to reside with
healthy, parents.
rt (or Oftlecs in heth. Existint R-3
Zoning .Disfriet. Since "Otlices" are listed as Class (3) uses in the R-3 zoning
district by, YMC Table 4-1 in YMC *15,04.030, the !tearing Examiner's findings
and conclusions relative to the proposed 35-foot-high 13,000,-square-fixa building
which would be„ used in part for office purposes within the applicant's R-3 zoned
campus arc required to include specific reasons and ordinance provisions demon-
strating that the proposal satisfies, the following requirements set forth in YMC'
§15,04.020(C) and YMC §15,15,040(E);
(1) Compliance and Compatibility with the Objectives and Develop-
ment Standards °lithe Comprehensive Plan. The proposed 35-fOot-high 13,000-
square-foot building to be used in part for a Class (3) office use in the R-3 zoning
district would be compliant and compatible with the City's Comprehensive Plan
Future Land Use Map due to the Mixed Residential designation of the applicant's
campus. The proposed office use of the proposed building would also he com-
pliant and compatible with the following Comprehensive Plan Goal 2.3 and
Policies 2.3.1 and 2,3.6:
(a) Goal 2.3; Preserve and enhance the quality, character and
function of Yakima's residential neighborhoods.
(b) PoJicv2.3,L Provide for a wide variety of housing types within
the city to meet the full range of housing needs for Yakima's evolving
population,
Triumph 'Treatment Services
Project Rezone from 14-2 to 14 -3
And Class (3) Oflice Use
Campus al 600 Superior Lane
111.4001 -19; CL.3001112- 14; SEPAstO I 0-19
12
RECEIVED
JUN 2 7 n(9
CITY OF YAKIMA
PLANNING DIV
(c) rc)liev 23„6:„ Allow some compatible nonresidential uses in
residential zones, such as appropriately sealed schools, churches, parks, and
other public/community facilities, home occupations, daycare centers, and
other uses that provide plae-es 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.
(2) Compliance and Compatibility with the Intent and Character of the
Multifamily Residential (R-3) Zoning District. YMC §15,03,020(DX I ) provides
that the intent oldie 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 he located
near each other in harmony 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 use 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 in the R-3 zoning district by YMC Table 4-1 in YMC §1 5,04.030 so long
as it satisfies the proscribed criteria for 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 oi' 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) Numbers( Parking,_5LpacesAcquirek 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 area. YMC §1 5.06.040(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,
RECEIVED
Triumph Treatment Services
Project Rezone from R-2 to R-3
And Class (3) Office
Campus at 600 Superior Lane
R24001-19; CL3,4002- 19; SEPA;0010-19
L3
JUN 2 7 2019
CITY OF YAKIMA
PLANNING 01V
mechanical rooms, witroorns, uncovered steps arid lire escapes, private,
garages, carports and ofT-strict parking and loading spaces. Storage areas
are included in gross floor area, However, the required off-street parking
for storage. areas shall be calculated at the rate of one space per five
hundred square feet rather than the specific parking standard established in
Table 6-1 except when the parking standard for the principal use would
require fewer parking spaces (i.e., one space per six hundred square feet).
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 spaces, complying with the standard of one space for
each 200 square feet of gross floor area. An email from the applicant's
representative dated April 15, 2019, indicated that the gross floor arca of
the office space 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 room which are considered accessory uses to the
overall foci lily.
(b) Landscapilm_of Parking Lots .Requirett YMC §15.06,090(A)
requires that landscaping of parking lots with five or more spaces shall he
ten percent of the total parking area. The landscaping area may he included
to satisfy the lot coverage (impermeable surface) requirements of Table 5-1,
In this situation, adjacent landscaping as shown on the site plan shall satis
this requirement,
(c) Lighting of Parkin I„,ots Required; YMC §15,06.100 provides
that lighting shall be provided to illuminate any off-street parking or
loading space used at night. When provicied, lighting shall he directed to
reflect away from adjacent and abutting properties. Parking lots adjacent to
residential districts or uses shall be 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 located
adjacent to or abutting residential properties.
(d) ritil11g.„.,0(4(.0)&1421,5 YMC § 15,06,1 1 0(A) Troy ides
that all ofT-street parking lots, driveways, travel ways, parking aisles,
vehicle storage, and vehicle sales lots having a capacity of three or more
RECEIVED
Triumph Treatment Services
Project Rezone from R-2 to K-3
And Class (3) Office Use
Campus nt 600 Superior Lane
R100001-19; CL3t0e02-19z SEPAO:019.,19
14
JUN 2 7 ?0,9
CfTY OF YAKINttfit
PLANNING cIV
vehicles shall be 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.
(e) $itesereettingi YMC Table 7-1 in YMC §15.07.050 requires that
Sitescreening Standard C shall be installed along the northern and eastern
property lines of the 0.21-acre parcel no, 181314-34426 proposed for a
rezone, YMC §15.07.040(A) provides that Sitescreening Standard C
consists of a six -foot -high, view -obscuring fence, made of wood, masonry
block, concrete, or slatted chain link material, A three -foot -wide planting
strip landscaped with a combination of trees, shrubs and groundcover along
the outside of the fence is also required when the fence is adjacent to a
street, alley or pedestrian way. 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. 181314-34426 where the childcare play area would
be located, The fence shall he view -obscuring,
(1) $ethucks: Table 5-1 in YMC Chapter 15,05 provides that the
required structure setbacks !Or thc proposed building in the R-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; and side setbacks of at least
10 feet from side property lines. flere the applicant's proposed site plan
meets or exceeds all required structure setbacks from the property lines and
adjacent rights -of -way.
(g) FrOntay. Improvcrnotts; The proposed new building does not
require any frontage improvements,
(h) beilitjey City of Yakima sewer and water arc available.
The property is accessed From Englewood Avenue which is a Collector
Arterial and which has existing curb, gutter and sidewalk along the frontage
of the applicant's carnpus. 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
maintenance purposes only from Jerome Avenue,
Triumph Treatment Services
Project Rezone tram R-2 Co R-3
And Class (3) Office Use
Campus at 600 Supecior Lane
Witted I-19; C L30002-I gt SEPAgiot0-19
15
RECEIVED
JUN 2 7 ,7,019
CITY OF YAKIMA
PLANNING 01V
(i) 1.,,ot_cos.,,ciage,; 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 R-3 zoning district which allows 80% lot coverage.
li)Clirtgli.....21:EPOL„„..1101111ing„.„1.1,cil bt „...1,,,ifftilation; 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 RZ#008-98 and CL3#008-98 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
compatibility with the neighboring zoning districts. At that tine, the
property north and east oldie applicant's campus was zoned R-1 (which is
now zoned R-3 and R-2) and west of the subject property was zoned R-I
and R-2 (which is now zoned R-3). The surmunding area was still quite
rural at the time, with orchards immediately abutting the applicant's
campus on the north and with orchards located west or the applicant's
campus.
(I) Cho -Ws since 119i$, Nwootiog,,VKIkcmacs!„.1,57tom„.,Pmitsliu
Height Limitation: Since the original approval of the applicant's campus,
these ap.ricultural lands have all bccn 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
remaining R-I 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 rezoned
parcel to have the maximum 504bot building height allowed for the R-3
zoning district. Therefore, the applicant's request to increase the maximum
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 feet,
X. The Consis encv of a Proposed Building Use as Partly for a Class (3)
Triumph Treatmerm. Services
Project Rezone from R-2 to R-3
And Class (3) Office Use
Campus at 600 Superior Lane
R1)0001-191 CL3#002-19; SEPA#010-I4
16
RECEIVED
JUN 2 7 Z019
CITY OF YAKIMA
PLANNING OW
Office L'se with ()meat Regulations and the Comprehensive
Plan under the Criteria Required by YMC §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 would allow for approval of the proposed Class (3) use, The
proposed use of the applicant's 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 he 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 fir the building and since there is adequate access to the site by way of
Englewood AVentte,
(4) The characteristics of the development are consistent with the
development regulations and Comprehensive Plan considerations as discussed in
detail above,
CONCLUSIONS
Based upon the foregoing Findings, the Hearing Examiner reaches the
following Conclusions:
(1) Pursuing to YMC Chapter 1,43, the Hearing Examiner has jurisdiction
to recommend approval by the Yakima City Council of (i) the requested project
rezone of the 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
RECEIVED
Triumph Treatment Scrviccs 17
Project Re2one from R-2 to K-3 JUN 3 7 ?OM
And Class (3) Office Use
Campus at 600 Superior LillYr COY OF YA8iient
R14061-1.9; CI-3#OO2-19; SEPA#010-19 PLAMMIC ON/
childcare play area, open space and'or other accessory uses on that parcel and of
(ii) the requested Class (3) olticc use for a portion of a proposed 35-foot-high
13,1)00-square-foot building on parcel no. 181314-33413 west of (he parcel
proposed for a rezone in order to expand and improve the existing Triumph
Treatment Services 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 SLPA Determination of Nonsignificance (DNS) for this requested
rezone and proposed 35-foot-high 13,000-square-loM 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 part or an
office use are compliant and compatible with the Future Land Use Map 111-3, with
the Land Use Compatibility Table 111-11 and with goals and policies of the 2040
Yakima Urban Arcs Comprehensive Plan.
(5) R-3 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 USCS.
(() 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 Class (3) use,
(7) The proposed 35-foot-high 13,000-square-foot building to he- 1.45,e(1 in
part for an office use is 1-ss dense than the IITEINi1111.1111 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 and 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.
Triumph Tregment Services
Project Rezone from R-2 to R-3
And Class (3) 01lice Use
Campus at 600 Superior Lane
R7.0001-14; CL311002-19; SEPA#010-19
18
RECEIVED
JUN 2 7 '(,?19
WY OF YAKIrlos
PtANNjG Dv
Triumph Drat writ Services
Projcet Rewric from R-2 to R-3
Ajid Class (3) Officc Use
Campus at 600 Superior I .anc
R714001-19; CL3#002-14; SEPAM I 0-19
(9) This 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 tw used as a childcare play iirea,
open space and/or other accessory uses. and for approval of an office use in part of
a new 35-foot-high 13,00.0-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 §I 6,06,020(B) criteria for making a
Determination of -Consistency,
RECOMMENDATIONS'
Pursuant to YMC §15.23,030 which requires the Class (3) use. Milli:Si to
constitute a recommendation because it i.s consolidated with the rezone reque-st,
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 used for a childcare play area, open space and/or other
accessory uses and cor (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 Nth. RZ#001-19, CL34002-19 and SEPA#010-19 he
APPROVED, subject to the following conditions:
(1) Complete drainage plans and calculations which are completed by a
Professional Engineer registered in Washington State shall he submitted to the
Surface Water Engineer for review and approval, and Underground injection
Control (111C) wells shall be registered with the State Department of Ecology;
(2) Contractors doing excavation, clearing, construction, landscaping or
demolition work must file a Dust Control Plan with the Yakima Regional Clean
Air Agency and obtain approval thereof prior to the start of any work;
RECEIVED
19
JUN 2 7 ?_019
CITY OF Yitt(lPits
PLANNING OW
(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 abatenient
contractor prior to demolition of any structures;
(5) A Notification of Demolition and Renovation (NOVR) application must
be filed with the Yakima Regional Clean Air Agency with payment of the fee;
(6) The Washington State Ikpartment of Ecology recomtnends that the
soils be samples-1 and analyzed for lead and arsenic, and for organochlorinc
pesticides, and if contaminants are found at concentrations above the Model
Toxics Control Act cleanup levels, that potential buycrs should he notified of their
occurrence;
(7) Since a nearby ilomstic well is not located upon land owned by the
applicant, obtaining the right to access or the right to use land which the applicant
does not possess is a private matter between the applicant and that landowner;
(8) Sitescreening Standard C shall be installed along the northern and
eastern 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 proposed to be rezoned which may
maintain the standard height limitation of 50 feet 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-foo1 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 27'1' day of.fune, 2019,
Triumph Treutmeni Services
Project Rezone from R-2 to R-3
And Class (3) Office Use
(amps at 600 Superior Line
R7-01001-19; CL30002-19; SEPAN010-19
20
. Cuillier, Hearing Examiner
RECEIVED
JUN 7 2019
CITY OF YAKIMA
PLANNING DIV
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.
2019.
PASSED BY THE CITY COUNCIL, signed and approved this 5th day of August,
ATTEST: Kathy C ffey, Ma
Sonya Clar Tee, City Clerk
Publication Date: August 23, 2019
Effective Date: September 22, 2019
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.L.
For Meeting of: August 20, 2019
Ordinance adopting the City Council's decision on a rezone
application submitted by Triumph Treatment Services for property
at 2708 Jerome Avenue
Joan Davenport, Al 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
CI Proposed rdinance Triumph /7/2019
Type
Cirdi nance