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HomeMy WebLinkAbout2019-019 Development Agreement Amendment with EPIC; Triumph Treatment Services CampusORDINANCE NO. 2019-019 AN ORDINANCE authorizing an addendum, herein referred to as "Addendum 1" made and entered into by and between the City of Yakima, a Washington municipal corporation, herein referred to as "City" and Enterprise for Progress in the Community, a Washington non-profit corporation, herein referred to as "EPIC" to amend Section 4 of the 1998 Development Agreement originally approved under Ordinance No. 98-53. WHEREAS, on March 15, 2019, Triumph Treatment Services submitted to the Planning Division a Rezone, Type (3) Review, and Environmental Review; and WHEREAS, said application included a request that the 1998 Development Agreement be amended to increase the maximum building height from 24 feet to 35 feet; and WHEREAS, on June 13, 2019, the Hearing Examiner held an open -record public hearing to consider the Planning Division's recommendation of approval for the application, including the request to amend the 1998 Development Agreement; and WHEREAS, on July 1, 2019, the Planning Division issued the Hearing Examiner's recommendation to City Council, dated June 27, 2019, which included a condition that a modified development agreement or amendment to the existing 1998 Development Agreement be submitted to and considered by City Council; and WHEREAS, on August 5, 2019, the Yakima City Council authorized Section 4 of the 1998 Development Agreement to be modified, requiring this addendum to be added to the Agreement; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Addendum 1 to the 1998 Development Agreement ("Exhibit A") originally approved by the Yakima City Council under Ordinance No. 98-53 ("Exhibit B"), amending Section 4 to increase the maximum building height from 24 feet to 35 feet, attached hereto and incorporated herein by this reference. PASSED BY THE CITY COUNCIL this 20th day of August, 2019. ATTEST: Sonya C aar Tee, City Clerk Publication Date: August 23, 2019 Effective Date: September 22, 2019 EXHIBIT A ADDENDUM 1 TO 1998 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF YAKIMA AND ENTERPRISE FOR PROGRESS IN THE COMMUNITY (EPIC) In consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and EPIC that Section 4 of the 1998 Development Agreement shall state as follows and this Addendum shall be fully incorporated therein: 4. Developer and its transferees and successors in interest shall restrict building heights on the Subject Property to 35 feet. CITY OF YAKIMA oore, City Manager ATTEST: CITY CONTRACT NO: RESOLUTION NO: ENTERPRISE FOR PROGRESS IN THE COMMUNITY EXHIBIT B ORDINANCENO. 98- 53 AN ORDINANCE concerning land use and zoning; rezoning 4.65 acres in the vicinity of 2701 Englewood from Single -Family Residential (R-1) to Multi -Family Residential (R-3) and amending the Official Yakima Urban Area Zoning Map accordingly; granting Class 2 approval for Group Homes; granting Gass 3 approval for Professional Offices; and granting an Administrative Adjustment to the parking standards for Group Homes and Professional Offices. WHEREAS, Enterprise for Progress in the Community (EPIC) has requested: (1) amendment of the Official Yakima Urban Area Zoning Map to rezone 4.65 acres in the vicinity of 2701 Englewood (Yakima County Assessor's Parcel # 181314-33015) (referred to below as "the Subject Property") from Single -Family Residential (R-1) to Multi -Family Residential (R-3); (2) Gass 2 approval for Group Homes; (3) Class 3 approval for Professional Offices; and (4) an Administrative Adjustment to the parking standards for Group Homes and Professional Offices (see Department of Community and Economic Development files UAZO RZ #8-98, CL(2) #26-98, CL(3) #8-98, ADM. ADJ. #30-98); and WHEREAS, on August 13, 1998, the City' of Yakima Hearing Examiner conducted a duly convened open record public hearing regarding the requested rezone, Class 2 and Class 3 zoning review, and Administrative Adjustment, and after considering the contents of the file and evidence received at the public hearing, issued his Examiner's Recommendation, Examiner No. 1U98-2-25, dated August 27, 1998; and WHEREAS, the Hearing Examiner recommended: 1. The Subject Property should be rezoned from Single -Family Residential (R-1) to Muth -Family Residential (R-3); and 2. Class 2 approval for Group Homes, Class 3 approval for Professional Offices, and Administrative Adjustment to the parking standards for Group Homes and Professional Offices should be granted, subject to certain conditions stated on pages 7-8 of the Hearing Examiner's Recommendation; and WHEREAS, at its regular public meeting on October 6,1998, the City COuricil duly considered the requested rezone, Class 2 and Class 3 approvals, and Administrative Adjustment, and the Hearing Examiner's Recommendation; and WHEREAS, after considering the IIearing Examinees Recommendation, the contents of the file, and the statements of interested persons, the City Council finds with respect to the requested rezone; 1. The Subject Property is suitable for uses permitted in the Multi-FarnilV Residential (R-3) zoning district; ORDINANCE: REZONE, CLASS 2 AND 3 A FPROVAL Page 1 of 4 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing zoning was established which now make the requested rezone appropriate; and 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in chapter 15.23 of the Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; c. The intent of the Yakima Urban Area Zoning Ordinance; d. Other applicable land use conbols; and WHEREAS, after considering the Hearing Examiner's Recommendation, the contents of the file, and the statetnents of interested persons, the City Council finds that, subject to the conditions stated on pages 7 and 8 of the Hearing Examiner Recommendation, and the additional condition, to be included in a recorded development agreement, that any change(s) in the use of the Subject Property shall require review and enforcement or administrative adjustment of the parking standards applicable to the proposed different use(s), the requested Class 2 and Class 3 approvals and Administrative Adjustment should be granted; and WHEREAS, it is in the best interests of the City to adopt the Hearing Examiner's findings and conclusions and recommendation to approve the requested rezone and, subject to the conditions stated on pages 7-8 of the Hearing Examiner Recommendation to grant the requested Class 2 and Class 3approvals and Administrative Adjusbnent; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The Yakima City Council adopts the findings, conclusions and recommendations of the Hearing Examiner's Recommendation, Examiner No. ILT98-2-25, dated August 27, 1998, and incorporates that Hearing Examiner's Recommendation by reference as part of this ordinance. Seetion 2. Regarding the requested rezone of the Subject Property, which is located in the vicinity of 2701 Englewood in Yakima, Washington, and legally described as: The following -described portion of the South Half of the Southwest Quarter (S1ASW1/4) of Section Fourteen (14), Township Thirteen (13) North, Range Eighteen (18) East of the Willamette Meridian: Beginning at an iron pin on the South line of said subdivision situate 1019.3 feet East of the Southwest corner thereof; thence North 54° West 33.85 feet; thence Northwesterly along the Northeasterly right of way line of "Power House Road" ORDINANCE: REZONE, CLASS 2 AND 3 APPROVAL Page 2 of 4 449 feet to an iron pin, said point is designated as point "D"; thence North 40* 43' East 450.7 feet to a point designated as point "A"; thence South no 10' East 180.1 feet to a point designated as point "13"; the true point of beginning of, this description; thence continuing South 33° 10' East 225 feet thence South 49° 30' West 60 feet; thence South 40* 30 East 343 feet, more or less, to the Westerly line of Bower's Englewood Tracts, as shown on plat recorded in Volume "H" of Plats, page 45; thence North 33° 24' West 809 feet to a point designated as point "E"; thence on a line bearing South 81* 24' West to the intersection with a line extending from point "A" to point "B", said point of intersection designated as point "C"; thence South 33° 10' East to the true point of beginning. EXCEPT right of way for Englewood Avenue along the South line thereof. Yakima County Assessor's Parcel #181314-33015 the City Council finds formally that 1. The Subject Property is suitable for uses permitted in the Multi-Farnily Residential (R-3) zoning district; 2. There exists a public need for the requested rezone; 3, Circumstances have changed since the existing zoning was established which now make the requested rezone appropriate; and 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in Chapter 15,23 Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; c. The intent of the Yakima Urban Area Zoning Ordinance; and d. Other applicable land use controls. Section 3. The Official Yakima Urban Area Zoning Map is amended to rezone the Subject Property from Single -Family Residential (R-1) to Multi -Family Residential (R-3). Section 4. The requested Class 2 and Class 3 approvals and Administrative Adjustment are granted subject to the conditions stated on pages 743 of the Hearing Examiner's Recommendation, and the additional condition that the required development agreement shall also provide that any change(s) in the use of the Subject Property shall require review and enforcement or administrative adjustment of the parking standards applicable to the proposed different use(s). Section 5. The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance. ORDINANCE: REZONE, CLASS 2 AND 3 APPROVAL Page 3 of 4 lion 6., Sub ttothef m provid co lusive il an a ions o 11 force d effect 30 days by law and by e City s wi ri 21 days from da rieved pa comnwnces proceedings for pter 36. C R PASSE BY THE CO a a r this ,3 day of November, 1 Pt City Clerk Publication Date: I (a Effective Date: I C:\ word d ORDINANCE: eng eve\ ardi meeting d si Lam ZONE, C 2 AND 3 APPROVAL ng provisio d conditions, ordinance shall er its passage, ap oval, d publication as 'nal d passed pursu d Id Puccinellt, ayor ed 10/ 4: PM City v 4 01,1 Filed at request of and return to:. CITY CLERK City of Yakima 129 N, 2nd St. Yakima, WA 98901 DOCUMENT THLE: DEVELOPMENT AGREEMENT GRANTORS: ENTERPRISE FOR PROGRESS IN THE COMMUNITY (EPIC) HAROLD ALDERSON MARGARET ALDERSON GRANTEES: CITY OF YAKIMA LEGAL DESCR][1110N: PART OF THE Tdr OF THE SW V4 ITO SECTION 14 TOWNSHIP 13 N, RANGE 18 EWM Additional legal below 011 this page, ASSESSOR'S TAX PARCEL NUMBER 181314-33013 DE.VFIOPMENT AGREEMENT Phis Etesetsgh uteri Agrigento it (the t' Agreement') is wade as of this irsted („E oi gtypegothbegyb,„ t9)8, by the City o 1corpfustititi organizeit under the laws of the State of Wastangton (the "City"), and Enterprise for Progress the Community (EPIC), and I iarold and idlargaret Aiderson ("Develogient). RECITALS A. Developer has requested: (1) amendment of the Official Yakima Urban Area Zoning Map to rezone 4.6.5 acres in the vicinity cif 2701 Englewood (referred to below as 'the Subject Property') from Single -Fa roily Residential (R-1) to Multi -Family Residential (R-3); to grant Class 2 approval for Group Homes and Class 3 approval for Professional Offices; and Administrative Adjustment to the parking standards for Group Homes and Professional Offices (see Department of Community and Economic Development files UAZO RZ 48-98.,CL(2) #26-98, CL(3) ,ADM, ADJ. ti30-9.), The Subject Property is Yakima County Assessor's Tax Parcel Number 181314-33015) and is described as: The following -described portion of the South Half of the Southwest Quarter (.9d2SW1/41of Section Fourteen (14), Township Thirteen (13) Nortlt. Range Eighteen (18) East of the Willamette Meridian: Beginning at an iron pin on the South line of said 9ubdivision situate 1019.3 feet Fast of the Southwest corner thereof; thence North 54° West 33.85 feet thence Northwesterly along the Northeasbmly right of way line of "Power House Road" 449 feet to an iron pin, said point Ls designated as point "D"; thence North 40° 43Fast 454.7 feet to a point designated a 5 point "A"; DEVELOPMENT AGREEMENT/ MC REZONE Page 1 ot 4 11 IliftEt‘ PER S11. 7089985 PLVd 1 of 4 /1 tO 6.39 laki Co, 49 thence South 33" *10Fast 180,1 feet to a point designated as point "B% the true point of beginning of this description; thence continuing South 33° l0' East 225 feet; thence South 49' 30' West 60 feet; thence South-1U° 30' East 343 feet, more or less,,te the:Westerly Line of Bower's Englewood Tracts, as Shown On plat recorded in Volume 'H" of flats, page. 43; therroo North 33° 24' West 809 feet to a point designated as point tl ware on a line hearing South 81' 24' West to the intersection with a line extending from point 'A' to point -B",.54iiri point of intersection designated as point "C", thence S.,:outh 33' 10 East to the true point of beginning_ EXCEPT right of way for Englewood Avenue along the South line thereof Situated in Yakima County, Washington B. The City is willing to rezone the Subject Property front Single -Family Residential (R-1) to Multi -Family Residential (R-3); to wrant Class 2 approval for Group Homes and Class 3 approval for Professional Offices; and Administrative Adjustment to the parking standards for Group 1:Iirmes and Professional Offices, but only if: 1, Budding heights on the Subject Property are restricted to 24 feet. 2, Offices and related space are Limited to entities providing services or goods directly related to the facility. This is intended to allow flexibility, a variety of services, and perhaps a small food service operation, without permitting free -SLAM -ling commercial operations. 3, Any change(s) in the use of the Subject Property shall trigger review and enforcement or administrative adjustment of the parking standards applicable to the proposed different use(s). C. Developer agrees to fully satisfy the conditkns 4pecified above, AGKEEMENT ]n cons deratinn of the mutual promises herein, the City and the Developer agree as 1, Developer stipulates that, for the purposes of establishing and enforcing this clvvelopment agreentent, the City's current development regulations are °development negulations adopted by a local government planning under chapter 36.70A RC1V" according to the provisions of RCW 36,70B.170. 2, The City shall rezone the Subject Property from Single -Family Residential (R-1) to Multi - Family Residential (R-3), 3 The City shall grant Class 2 approval for Group [Tomes and Class 3 approval for Professional Offices; and, Administrative Adjustnient to the parking standards for Group Homes and Professional Offices, Developer and its transferees and successors in interest shall restrict building heights on the Subject Property to 24 feet, 5. Developer and its transferees and successors in interest Shall limit offices arid related space to entities providing services or goods directly related to the facility, This is intended to allow flexibility, a variety of servk-es, and perhaps a small food service operation, without permitting freestanding commercial operations_ 6, Developer arid itstransferees and successors in interest stipulate and agree that any change(s) in the use of the Subject Property shall require review and enforcement or administrative adjustment of the parking standards applicable to the proposed different use(s). DEVELOPMENT AGREEMENT/ EPIC REZONE 11M 111 111111.1 Page 2 of 4 11 117089985 1 ,. 'Willa Co, Ili 7. No tic:i and to give to or t; registered or certif 'to the ether mat(, retattr n receipt requested, postage prep In the case of the City too In the case of the City of Yakima c/o City Manager 129 North Second Street Yakima, Washington a4?44 EP1C 2902 Castlevale Road, Suite A Yakima, Washurgton 9tV '2 8. Litigation, Venue, and Governing Law. In the event any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, provisions or couditi<ms of this development agreerm rtt, the pteVailtrr};;party si. rid+ rvto ni cOsiary court costs, such stuns ss Liir court may adjudge as reason;ph6n attrrttte'"s fca�t, `!}aa vr�rirt cafargpe acthin tt: enforce or interpret this development agreement shall lie in the Superior Court of 1Vashir gtcpn for Yakima County, Washington. This Agreement shall be governed by the laws of the State of Washington, year A WHEREOF, the TILE CITY OF YAKIMA, €hington municipal corpor /2 DEVELOPMENT AGREE P1C REZONE ve e sorted this Agreement as of the day and DEVELOPER; ENTERPRISE FOR PROGRESS IN 'THE COMMUNITY (EPIC'). a Washington municipal corporation Page 3 of 4 7089985 12,94/149stl91,111 State of Washington County of Yakima 1 certify that 1 know or have satisfactory evidence that the person who appeared before me, and said person acknowledged unstntmcnt, on oath stated that ( P/she) was brarth,:rrize Lt o e xec'utt the it it as the (type of authority, e.g_, officer, trustee, etc.) r'r,:7 L,, i' (name of party on behalf of whom instrument was executed),_,_ cc"7'"; the DATED / State of Washington County of Yakima c i eaf7Such party for the uses and purposes mention I certify that l know or have satisfac before me, and said person acknow his frets.. ttry art fr�x tI DATED: State of Washington County of Yakima I certify that I know or have satisfactory evidence that Margaret Alderson is the person who appeare before me, and said person acknowledged that he signed this instrument and acknowfedged it to he his free and. act for the ust. es and jurposes mentioned in the instrument DATED NOTARY f" at v1y cotunrirsixpires.TM d this rid acknowlr evidence that Harold Alderson is the person who appeared d that he signed this instrument and acknowledged it to be expose~ mentioned in the instrument, NOTARY residing; at My commis• Printed.,ya NOTARY P, residing at My cilium( DEVELOPMENT AGREEh1EN.PIC R Page4of4 27©89985 12/ 4/1 I8 83A Yakvia Co, 'R RZ -9H o-PEJC' 5"'I' EPIC m UEST: REZONE FROM R-I TO R--3 AND LOCATE A PROFESSIONAL OFFICE BUILDING t('ATIQN N, OF ENGLE'WOOD RTWN 27TR & 32ND AVES. AkA A 4 , 00 10.00400 A,A AAZA 4,44 , I AA AA., ,68 444 ' 4‘. 444 44, .44 44,44444,44444, 14, 4444 4444,4 4,4 4A,44 ITE SU CO SU BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON TEMENT For M Item No ting Of Nov. 3, 1998 LE: Ordinance Adoption - EPIC Rezone MITTED BY; William R. Cook, Director, Community & Economic Development ACT PERSON/TELEPHONE: Bruce Benson, Associate Planner 575-6042 MARY EXPLANATION: BACKGROUND On Oct. 6, 1 the City Council voted to accept the Hearings Examiner's recommendation to rezone approximately 4,65 acres of land located at 2701 Englewood Avenue from R-1, Single-Famtly Residential to Multi -Family Residential_ Attached for your action is the Rezone Ordinance which will effect this change, solution Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL city, mane er STAFF RECOMMENDATION: Adopt Ordinance, BOARD RECOMMENDATION: Hearing Examiner recommended approval of rezone on August 27, 1998 COUNCIL ACTION: Nestor lication by EPIC for a Rezone fr.,. R-1 to R-3, Class 2 Review for Group Homes, Claes 3 Review for Offices, and Adjustment of Parking near 2701 Eng],ow... Avenue TX RECEIVE AUG 2 7 me OF YAK A DING DIV city No. RI 418-911' EC #16-96, CL(3) 08-9S, CL(2) #26-96, j. 030-98 R NO. I11796-2-25 The Examiner conducted a public hearing on August 13, 1998. The staff report presented by Bruce Benson recommended approval. Steve Liddicoat, of Gridline, Inc., and an EPIC entourage appeared on behalf of the proposal. There was no opposition. The Examiner inspected the property prior to the hearing. OF DECI I The Exaiiraex recommends approval. Although this is a multi -faceted, large, and fairly complex proposal, it is entirely non -controversial. The only issue deals with potential limitations on commercial business, and what types of entities can locate professional offices on site. From the view of the site, the matters con ained in the official record including the staff report, a review of both the Yakima Urban Area Comprehensive Plan and the Yaki Urban Area Zoning Ordinance, and from evidence received at the hearing, the Examiner makes the following: FINDINGS 1. Appiit EPIC - Enterprise for Progress in the Community. 2. .cation. 2701 Englewood Avenue“ Assessor's parcel The legal description is attached to the er 181314-33015, application and incorporated by reference. EXAMINER'S RECOMMENDATION - 1 EPIC HE *iJ98-2-25 MVIANCEUMWOM ICAT'ke crn a5umn, QPTAWMA BON wip(MX TON 7 4 00 3. APPlizAtiQD. This is a master application -evesting a rezone of approximately 4.65 acres from R-1, Single -Family Residential to R-3, Multi -Family Residential together with Environmental Review, Class (2) review for Group Homes, Clasi (3) review to permit Professional Offices, and an Administrative Adjustment to the parking standards for Group Homes and Professional Offices. 4. Proposed Zone. Multi -Family Residential (R-3). 5, Proposed Use, Group Homes and related offices. 6. Current Zoning and Use. This property is currently orchard and zoned R-1, Adjacent properties have the following characteristics: Zoning Exig. North R-1 Orchard East R-1 Single -Family Residential West R-1 and R-2 Residential South R-2 Residential 7. Project Description, This is a master application involving the above cited five separate land use reviews, The EPIC organization is purchasing this orchard property, and adjacent orchard lands, with plans for a future mixed use develcpmsnt, On this property they propose nine individual group homes and/or offices and four outbuildings to be constructed in a four phase development. EPIC already has a presence in this area in that they operate programs and locate some of their administrative functions at the former Castlevale School building along Castlevale Road, located approximately 1/4 mile to the north. This property was part of the recent Fruitvale annexation incorporated into the City of Yakima on May 1, 199B. The staff report contains considerably more detail, and is adopted and incorporated by reference. 8. Yakima Urban Area Zoning Ordi at. The criteria for rezones established by YIIC 15.23.030(5) are considered below: EXAMINER'S RECOMMENDATION EPIC HE #IU99-2-25 • • 411111 NEARING MIN I.4 FOR TM( CITY 4/40 COUNTY C. /AA 444 posy orriCr SOX 4 YAKIMA. WAS4 iNG TON IDSSO 7 100e, wA6-0706 8.1 Testimm. All testimony and written comments support the rezone, 8.2 Suitability of the Properq. This property is physically well suited for this relatively intense use, 8.3 i.ncy Recommendation!. No agencies are opposed to the rezone. The Planning Division recommends approval. 9,4 Compliance with Comprehensive Plan and Zoning Ordinance. This is dealt with in more detail in the staff report. Perhaps the most salient point is that this area is designated by the 199? Comprehensive Plan as appropriate for high density development. Both the old and the new plans encourage this type of project, which locates public facilities of this type within the urban area, in areas well served by arterials, in a manner which is compatible with surrounding development. With respect to the zoning ordinance, R-3 zoning is considered compatible with R-1 zoning if appropriate site considerations are taken. In this instance, in order to promote a compatible development, the applicant will separate access, using a collector arterial, so that access does not run through R-1 neighborhoods. Sitescreening will be employed to the east and west, there will be building height limitations, and buildings will be designed to architecturally blend with the neighboring areas. 8.5 Adequacy of Public Facilities, The developer acknowledges that all public utilities need to be extended to this site, and will be done so as part of this pro,ect. 8.6 Compatibility. Perhaps the single most significant factor is that there is absolutely no opposition to this proposal, EPIC has met with the neighbors prior to the public hearing, and has obviously done an exceptional job of designing a project which fits into the area. 8.7 Public Need. As reflected in the entire file, including the staff report, there is a substantial public need for EXAMINER'S RECOMMENDATION - 3 EPIC HE 4IU98-2-25 H/LA141ING WAINER FOR THL City AND COUNTY OR YAMMA POET OFFICC SOX 4 YAKIIAA WASHINGTON IIIEGIOT MOM 24.8.0708 the community services currently offered and proposed to be offered by EPIC. 9, Clime 2 and Class 3 Review, Even if granted the rezone, this proposal remains dependent upon receiving concurrent approval for both the Class (2) group homes and the Class (3) professional offices. The property is not proposed for subdivision so control of this development will remain in the hands of the developer. This proposal has a separate access from a collector arterial; once traffic has left the arterial it will not be mixed with other residential traffic in the area. The site plan indicates a campus -like environment with compatible offices and group homes, The entire project will be integrated with the surrounding neighborhood by appearance and segregated by use. Landscaping, site screening, and topography will be used to provide a buffer to other less intensive land uses. 10. j tnent xjntg&i4a. YMC Section 15.10.020 authorizes the Administrative Official to adjust certain standards of the ordinance, including parking standards. Such adjustments are intended to allow for site flexibility and provide the opportunity for some tradeoffs in amenities in exchange for the adjustment in standards. of the five criteria listed in UAZO 15.10.020, the subject proposal conforms, or does not conform, in the following waye: 1. Does not apply, eolar access is rot a consideration in this request, 2. 2e. /LE Does not apply, no zero lot line construction is proposed. 3. Zoprdim&taBit,A featurep,with surrounding land uass: Does not apply. 4. EitAb,ilitY..Ctf sleekgn: The parking standards f6r group homes is one space for each two beds and the standard for offices is one space for each two EXAMINER'S RECOMMENDATION - 4 EPIC HE OITJ9.9-2-25 • • HEARM ExmwiNE8 11041 TIC VT* 4NO C04.447N OF 74044 PQ87 orrici BOX 4 vAK44.4 WA94.440.701.4 9811197 (8,30i 248.07045 hundred square feet of gross floor area. The site plan indicates that to meet the standard based on usage there should be 67 parking spaces and only 77 are indicated. The applicant has indicated that their group home client residents are not permitted to have a car while in residence. On this basis they have requested reduction of the parking standards by ten spaces. The request is logical; the standard presumes vehicle usage when there will be none. The reduction is realistic. In the future, if any of the building apace set aside for group home use altered to office uee, the issue of parking spaces should be reexamined because offices require significantly more parking than eroup homes. 5. No plans exist to address this area. 11. Phased Development. The applicant has presented a site plan and narrative proposing four phases of development. Phase I, closest to Englewood, is believed to be financially feasible upon receipt of zoning and land use approval. Development of additional phases will require continuing financial support and agency partnering which is dependent upon many factors. The applicant asks that approval be granted now for future phases. The maximum time period requested between phases is three years. The applicant would also like to reserve the right to begin phase development earlier, if possible, This is contingent upon the requirement that all phasing or partial ,phasing will require complete infrastructure improvements before certificates of occupancy are isaued. The applicant has been advised that the approval of a phased development will require continued adherence to the final site plans and designs approved through this review and hearings process. Alterations of these site plans and proposals could be achieved through the modification process set forth in YMC Chapter 15.17. Any changes in excess of that permitted under the EXAMINER'S RECOMMENDATION - 5 EPIC HE SIU9S-2-25 mEmliv4Co_AMMEIR FM11141 CUYANDOXOPMCWWWMA POSTOFFICIANU4 ukr4.4.wmimmonovemao7 mowada.oicm modification provisions will • ire additional Clue (2) or Class (3) review, and perhaps additional SEPA review, depending upon the te and scope of changes requested. si • Phasing is appropriate. 12. Environmen 1 view. A ificance was issued by the city, 13. P4blic Notiet. n • nation of Non- fi 1. tice for the hearing was provided in accordance with the LIA20 r iremente in the followi - manner: Mailing of notices to adjacent oere July 31, 1998 Poeti - of property July 31, 1998 Legal Ad published July 31, 1998 following: the foregoing Findings, the *CNCSIe iner kee the 1. The Examiner has jurisdiction. 2. The proposed master application conforms to the goals and policies of the Yakima Urban Area Comprehensive Plan, and to the intent of the Yakima Area Zoning Ordinance, the property is suitable for uses permitted in the R-3 district; and will serve the public use and interest, subject to the conditions set forth below. 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing findings and conclusions, the Examiner submits to the Yakima City Council the following: EXAMINER'S RECO ENDATION - EPIC HE #IU98-2-25 cnvoMAMA g g YAK A. WASHINGTON S4•07 1509P 240-0 1. Approve this rezone application, f 1 to R-3. 2. Approve the Class 2 request for group bo nd the class 3 request for professional offices; approve the requested adjustment to parking standards, and approve the proposed phasingt subject to the following conditions: 2.1. dication of an additional ten feet of right-of- way and frontage improvements are required along Englewood Avenue. These 11 include asphalt widening, curb and gutter with controlled drainage, and a seven foot wide sidewalk, This will necessitate a civil engineer Engineer prior to construction. design approved by the City Section 14.20.020). 2.2. A final site plan will required showing the frontage improve ats to Englewood and noting the approved time frames for the phasing of development. 2.3. The developer shall submit design and engineering plans to the City Engineer for all water, and sewer improvements. No construction of improvements shall begin until the City Engineer has approved the plans. 2.4. The developer shall consult with the Fire Department regarding placement of fire hydrants prior to their installation. 2.5. "No Parking 4 signs shall, be placed along the private access road. 2.6. Irrigation water shall utilized for non- domeetic purposes, if available. 2.7. A development agreement or deed restriction shall be executed and recorded with the County Auditor restricting building heights to 24 feet; offices and related space shall be limited to entities providing services or goods directly related to the facility, (This is intended to allow flexibility, E INER'S REC EPIC HE #IU9B-2-25 e• 1 NATION - HEAR4G 4CR C rry AND COVNIN c YAK IP4A rof:21 4 yaxr4" wAININDTON Da 907 rsopi R40.01.06 allowing a variety of services, 1 ood service operation, without pe tt free standi c -rcial operations.] 2.8. Phased development is approved. Certificates of occupancy shall not be issued for buildings within a given phase until infrastructure for that phase is c pleted or otherwise financially guaranteed or bonded for. 2.9 This project approval shall be v id for ten years, and subject to extension as the Administrative Official may determine is reasonable. and perhaps a DATED this day of August, 1998, EXAMINER'S RECO EPIC HE #:U98-2-25 ENDATION - 8 Pk:UP A. utJi Rearing Examiner E I 714 ern ANC) COUNTY OE VAKINA 7 It III DX 4 WAN IM A. 'IN 7041 911407 15 OW, 240-070E • 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.M. For Meeting of: August 20, 2019 Ordinance amending a development agreement with Enterprise for Progress in the Community (EPIC) to increase the maximum building height allowed for the Triumph Treatment Services campus at 600 Superior Lane from 24 feet to 35 feet 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 a proposed rezone at 2708 Jerome Avenue and concurrent Type 3 Review for construction of a 13,000 sq ft building to be used as part of the existing Triumph Treatment Services campus in the vicinity of 600 Superior Lane. 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. As specified in the Hearing Examiner's recommendation, an amendment to the development agreement approved in 1998 (Ordinance 98-53) to reflect a 35-foot maximum building height rather than the current 24-foot building height restriction is required in order for the new 35-foot-tall building to be constructed on the campus. The 35-foot height restriction does not apply to the parcel to be rezoned (parcel no. 181314-34426) which will be limited to 50 feet in height in accordance with the maximum height standards of the Multi -Family Residential (R-3) zoning district. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager 2 STAFF RECOMMENDATION: Pass Ordinance BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Proposoderdinate_Triomph 8712019 Ordnance