HomeMy WebLinkAbout2009-026 Conditional Rezone Property at 420 South 32nd Avenue, John and Patricia Tate ORDINANCE NO 2009 -26
AN ORDINANCE relating to land use regulation and zoning, conditionally rezoning a parcel
of property located at 420 S 32nd Avenue, Yakima, Washington from
Single- Family Residential (R -1) to Two - Family Residential (R -2) as more
fully described herein, and approving the recommendation of the Hearing
Examiner regarding the same, John and Patricia Tate being identified as
the applicants herein
WHEREAS, by application dated February 10, 2009, John and Patricia Tate requested
that the City of Yakima rezone Yakima County Assessor's Parcel No 181322- 44051, located at
420 S 32nd Avenue, Yakima, Washington (hereinafter "Subject Property "), from R -1 to R -2, and
WHEREAS, on April 9, 2009, the Hearing Examiner for the City of Yakima conducted an
open- record public hearing regarding the requested rezone, and
WHEREAS, on May 15, 2009, the Hearing Examiner issued Hearing Examiner's
Recommendation (the "Recommendation ") regarding RZ# 001 -09 recommending that the
Subject Property be conditionally rezoned from R -1 to R -2; and
WHEREAS, at a closed- record public hearing held on June 16, 2009, the City Council
considered the requested rezone, including the documents and other evidence which comprise
the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation,
and the statements and comments of interested persons, and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner in
response to the requirements and criteria of YMC 15.23 030(E) and 15 15 040(E) are correct
and appropriate, and that the same should be adopted by the City Council as its findings herein,
and
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following to approve the requested rezone, Now Therefore
BE IT ORDAINED BY THE CITY OF YAKIMA, CITY COUNCIL:
Section 1 The property located at 420 S 32nd Avenue, Yakima, Washington
(Yakima County Assessor's Parcel No 181322- 44051), legally described in Exhibit "A ",
attached hereto and incorporated herein by this reference, is hereby conditionally rezoned from
R -1 to R -2.
Section 2. The findings within the Recommendation (RZ# 001 -09) regarding this
conditional rezone are hereby adopted by the City Council as its findings in support hereof
pursuant to YMC 15.23 030(F), and are incorporated herein by this reference as if fully set forth
herein.
Section 3. The Official Yakima Urban Area Zoning Map and all other zoning, land
use, and other similar maps maintained by the City of Yakima shall be amended or modified to
reflect this conditional rezone
Section 4. 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. The City Clerk is hereby authorized and directed to file a certified copy of
this ordinance with the Yakima County Auditor
Section 6. 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 at a regular m- -ting and signed and approved this
16th day of June, 2009
I: _ �
David ayor
ATTEST
-_! 1 1.•
City Cler
Publication Date 6/19/09
Effective Date 7/19/09
2
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of the Southeast 'A of the Southeast'/ of the Southeast % of Section 22,
Township 13 North, Range 18, E W M , hereafter called "said subdivision ", described as
follows,
Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said
subdivision,
thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of
beginning,
thence North 89 °50' West 223 5 feet, more or less, to a point 90 feet East of the North and
South center line of said subdivision
thence South along the line 90 feet East of and parallel to the said center line 98 5 feet to
the North line of Tieton Drive,
thence East 223 5 feet to the West line of Grandview Avenue,
.thence North along the West line of said Avenue 98 feet to the true point of beginning,
EXCEPT the West 42 feet,
EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25,
1964, under Auditor's File No 2000604,
AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded
December 2, 1991, under Auditor's File No 2943047
PARCEL NUMBER 181322 -44051
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• y -
• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATE' ENT
Item No g A
For Meeting of June 16, 2009
ITEM TITLE. Closed Record public hearing and consideration of an Ordinance approving the
Hearing Examiner's recommendation on a rezone request by John and Patricia
Tate to rezone property located at 420 S 32nd Avenue, Yakima, WA, from R -1 to
R -2.
SUE!'.' ITTED BY William Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE. Kevin Futrell, Assistant Planner, 509 -575 -6164
SU , 1 MARY EXPLANATION: "Closed Record" public hearing to consider the Hearing
Examiner's recommendation to conditionally approve a request by John and Patricia Tate to
rezone a parcel of land, approximately 0 16 acres in size, from Single - Family Residential (R -1)
to Two - Family Residential (R -2) A transitional care facility is being proposed with this rezone
request. As a separate item, the Council will consider the recommended Development
ii Agreement in an open record hearing. On April 9, 2009, the Hearing Examiner held an "Open
Record" public hearing to consider the rezone application and the proposed transitional care
facility On May 15, 2009, the Hearing Examiner issued his recommendation to conditionally
approve the rezone request subject to a development agreement
Resolution Ordinance X Contract Other (Specify)
Funding Source
Approval For Submittal: ' j , O '
City Manager
STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner's recommendation
be accepted and adopt the attached Ordinance to implement the Rezone of 420 S. 32nd
Avenue from R -1 to R -2.
OARD RECOMMENDATION: On May 15, 2009, the Hearing Examiner recommended that the
rezone be conditionally approved.
COUNCIL ACTION
•
l
JOHN AND PATRICIA TATE
RZ #001 -09, CL3 #005 -09, SEPA #004 -09
City Council
Open Record Public Hearing for Development Agreement
June 16, 2009
EXHIBIT LIST
Applicant: John and Patricia Tate
File Number: RZ #001 -09, CL3 #005 -09, SEPA #004 -09
Site Address: 420 South 32nd Avenue
Staff Contact: Kevin Futrell, Assistant Planner
Table of Contents
CHAPTER A Agenda Statement
CHAPTER B Proposed Resolution
CHAPTER C Development Agreement — John and Patricia
Tate
JOHN AND PATRICIA TATE
RZ#001-09, CL3#005-09, SEPA#004-09
EXHIBIT LIST
CHAPTER A
Agenda Statement
MDM;�
NyVa-MV.," "Y'.
A-1
Agenda Statement: Open Record Development Agreement
Public Hearing
06/16/2009
L
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. B
For Meeting of: June 16, 2009
Item Title: "Open Record" Hearing on the proposed Development Agreement to conditionally
rezone a parcel owned by John and Patricia Tate at 420 S. 32nd Ave., Yakima, WA, from R -1 to
R -2.
Submitted By: William Cook, Director of Community & Economic Development
Contact Person /Telephone: Kevin Futrell, Assistant Planner, 509 -575 -6164
Summary Explanation: "Open Record" public hearing to consider the Hearing Examiner's
recommendation of a Development Agreement for the rezone request by John and Patricia Tate
to rezone a parcel of land, approximately 0.16 acres in size, from Single- Family Residential (R-
1) to Two - Family Residential (R -2). The Development Agreement is a condition to the rezone
only for the purpose of allowing the proposed transitional care facility. On April 9, 2009, the
Hearing Examiner held an "Open Record" public hearing, to consider the rezone application and
the proposed transitional care facility. On May 15, 2009, the Hearing Examiner issued his
recommendation to conditionally approve the rezone request subject to a development
agreement. An open record hearing means public testimony may be considered when the
Development Agreement is reviewed.
Resolution X Ordinance
Funding Source
Approval For Submittal:
Contract Other (Specify)
City Manager
Staff Recommendation: Staff recommends that the Hearing Examiner's recommendation be
accepted and that the attached Resolution and Development Agreement be signed if acceptable
to the City Council.
Board Recommendation: On May 15, 2009, the Hearing Examiner recommended that the
rezone be conditionally approved.
Council Action:
DOC.
INDEX
# A -i
JOHN AND PATRICIA TATE
RZ#001-09, CL3#005-09, SEPA#004-09
EXHIBIT LIST
CHAPTER B
Proposed Resolution
ic�
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PAT
B-1
Proposed Resolution
06/16/2009
E
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RESOLUTION NO. R -2009-
A RESOLUTION authorizing and directing the Mayor to execute a Development Agreement
with John and Patricia Tate (hereinafter "Developer "), property owners, to
provide for the terms and conditions for a conditional rezone of property
located at 420 S. 32nd Avenue from Single - Family Residential (R -1) to
Two - Family Residential (R -2) to allow for the operation of a transitional
care facility (hereinafter "Project ").
WHEREAS, the City of Yakima (hereinafter "City ") is a first class charter city
incorporated under the laws of the State of Washington and has the authority to enact laws and
enter into agreements to promote the health, safety, and welfare of its citizens and thereby to
control the use and development of property within its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with those
who own or control property within its jurisdiction pursuant to RCW 36.70B.170 - .210; and
WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted
its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated
this plan and has adopted, and continues to adopt, development regulations to implement the
plan, including adoption of Yakima Urban Area Zoning Ordinance, which originally zoned the
property Single - Family Residential; and
WHEREAS, by application dated February 10, 2009, Developer requested that the City
of Yakima rezone Yakima County Assessor's Parcel No. 181322- 44051, legally described in
Exhibit "A ", attached hereto and incorporated herein by this reference, located at 420 S. 32nd
Avenue, Yakima, Washington (hereinafter "Subject Property "), from R -1 to R -2; and
WHEREAS, on April 9, 2009, the Hearing Examiner for the City of Yakima conducted an
open- record public hearing regarding the requested rezone; and
WHEREAS, on May 15, 2009, the Hearing Examiner issued Hearing Examiner's
Recommendation (the "Recommendation ") regarding RZ# 001 -09 recommending that the
Subject Property be conditionally rezoned R -1 to R -2; and
WHEREAS, at a closed- record public hearing held on June 16, 2009, the City Council
considered the requested rezone, including the documents and other evidence, which comprise
the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation,
and the statements and comments of interested persons; and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner in
response to the requirements and criteria of YMC 15.23.030(E) and 15.15.040(E) are correct
and appropriate, and that the same should be adopted by the City Council as its findings herein;
and
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following to approve the requested rezone,
IOc)res/Tate Rezone# 001 -09 - Development Agreement
DOC.
INDEX
A —1
WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final
Decision for the execution of a development agreement between Developer and the City to
implement the conditions set forth in the Final Decision; and
WHEREAS, the City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will,
amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over
development of the Project, provide for the orderly development of the Project consistent with
the City's current Comprehensive Plan and conditional rezone for this Property, mitigate
identified incompatibilities, and otherwise achieve the goals and purposes for which the
Development Agreement Statute was enacted; 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 Development Agreement, Exhibit "B ", attached hereto and incorporated herein by
this reference. The Yakima City Council, after a duly noticed public hearing, has determined
that execution of this Agreement furthers the public health, safety, and general welfare, and that
the provisions of this Agreement are consistent with the Comprehensive Plan and applicable
development regulations.
ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 16th
day of June, 2009.
David Edler, Mayor
ATTEST:
City Clerk
oc)resrTate Rezone# 001 -09 - Development Agreement
DOC.
INDEX
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EXHIBIT "A"
LEGAL DESCRIPTION:
That portion of the Southeast'/ of the Southeast 'X4 of the Southeast % of Section 22,
Township 13 North, Range 18, E.W.M., hereafter called "said subdivision ", described as
follows;
Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said
subdivision;
thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of
beginning;
thence North 89 °50' West 223.5 feet, more or less, to a point 90 feet East of the North and
South center line of said subdivision
thence South along the line 90 feet East of and parallelio the said center line 98.5 feet to
the North line of Tieton Drive;
thence East 223.5 feet to the West line of Grandview Avenue;
.thence North along the West line of said Avenue 98 feet to the true point of beginning,
EXCEPT the West 42 feet,
EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25,
1964, under Auditor's File No. 2000604,
AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded
December 2, 1991, under Auditor's File No. 2943047
PARCEL NUMBER 181322 -44051
IQc)reslTate Rezone# 001 -09 - Development Agreement
DOC,
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Development Agreement
Exhibit B
This Development Agreement ( "Agreement ") is entered into this day of , 2009, by
and between the City of Yakima, Washington, a municipal corporation organized under the laws of the
state of Washington, 129 N. 2nd Street, Yakima, Washington, 98901 ( "City ") and John Tate and Patricia
Tate, property owners of property located at 420 S. 32nd Avenue, Yakima, Washington, and their
successors and assigns ( "Developer ").
RECITALS
A. To strengthen the public planning process and provide project development certainty, the
Washington State legislature enacted RCW 36.70B.170 -.210 (the "Development Agreement Statute "),
which authorizes cities to enter into agreements regarding the development of real property located within
the City's jurisdiction with any person having an ownership interest or control of such real property.
B. The Developer is the owner of certain real property located at 420 S. 32nd Avenue, Yakima,
Washington, 98902 (Assessor Tax Parcel No. 181322- 44051) and Legally Described as attached hereto
as "Exhibit A." The property is located at the northwest corner of W. Tieton Drive and S. 32nd Avenue,
two minor arterial streets.
C. The Developer has proposed a rezone of a single parcel of land, approximately 16,000 sq. ft. in
size, from Single - Family Residential to Two - Family Residential. The rezone is consistent with Table III -11
of the Yakima Urban Area Comprehensive Plan 2025 (YUACP) and the future land use designation, Low
Density Residential, as setforth in Map III -2 of the YUACP. The rezone application is accompanied by a
Type (3) review application for a "convalescent, nursing, and group home," which will operate as a
transitional care facility for children from birth to age eighteen. The purpose of the limitations setforth
herein is to preserve the historic nature of the neighborhood.
D. A revised Site Plan has been provided for the proposed use, which meets the City of Yakima's
Development Standards as set forth in YMC Title 15 for parking, lot coverage, off - street parking, lighting,
landscaping, and sitescreening. A copy of the revised Site Plan is attached as "Exhibit C" and
incorporated by this reference.
E. City and Developer agree that the rezone and approved land uses shall be limited to the specific
proposal presented in the application and that no material modification, expansion, or alteration of such
use or structure shall be permitted without applicable ordinance procedures governing such matters.
F. City and Developer are entering into this Development Agreement to provide certainty for
planning and usage of the property and to assure the limitation of permissible uses to those identified and
reviewed by the City Staff, Hearing Examiner, and City Council.
Tate Development Agreement - 420 S. 32nd Avenue 1 of 4 DOC.
INDEX
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' NOW THEREFORE, in consideration of the mutual promises herein, City and Developer AGREE AS
FOLLOWS:
Section 1. Rezone of Property: The rezone of the property located at 420 S. 32nd Avenue,
Yakima, Washington, shall be expressly conditioned upon the terms and conditions setforth in this
' Development Agreement and approved uses shall not be materially modified, expanded, or altered other
than by a subsequent public process applicable to ordinance amendments (rezones) and land use
processes.
Section 2. Site Plan: Any and all uses of the subject property shall be consistent with the Site
Plan. Any material modification or alteration to the Site Plan shall require public review in accordance
with applicable ordinances relating to ordinance amendments (rezones) and use review and approvals.
t The use of the property is expressly conditioned upon reconfiguration of the property (including design
access, and signage) in a manner consistent with the referenced Site Plan.
Section 3. Approved and Permitted Uses /Occupation: Developer shall be permitted and
authorized to conduct only the following uses on the subject property:
A. "Convalescent, Nursing, And Group Home °: Developer may operate a transitional care facility
for up to five children no older than eighteen years of age under this category.
B. Single- Family Residential Zone Uses: Along with the use in Subsection "A" above, Developer
may also operate those uses permitted in the Single - Family Residential zoning district.
Section 4. Assignability of Agreement: The approved uses and the Development Agreement are
assignable as a continuing business under the same conditions of approval as originally approved by the
' City of Yakima.and as otherwise specified herein. This use and /or Development Agreement shall not be
assigned without the City of Yakima's prior written consent.
Section 5. Discontinuance of Use: The uses permitted herein may continue so long as they
remain otherwise lawful. The use in Subsection 3(A) shall be considered discontinued when it is
succeeded by a Class (1), (2), or (3) use; or, discontinued and not reestablished within eighteen months,
unless an extension is granted by the Administrative Official upon proper application.
' Section 6. Modification /Amendment: Any material modification, expansion, alteration, or addition
of uses as outlined in this Development Agreement shall require a new public hearing, unless otherwise
determined by City.
Section 7. Reversion of Zoning: When such use is discontinued and not reestablished in accord
with the Yakima Municipal Code and this Agreement the zoning shall automatically revert back to the
' Single - Family Residential zoning designation.
Section 8. Notices and Demands: Any notice or demand which either party hereto required or
' desires to give to or make upon the other shall be in writing and delivered or mailed by United States
registered or certified mail, return receipt requested, postage paid, addressed as follows:
To City: City of Yakima To Developer:
John and Patricia Tate
c/o City Manager
dba Kinderhafen, LLC
129 N. 2nd Street
11 N. 59th Avenue
Yakima, WA 98901
Yakima, WA 98908
Section 9. Recordation /Binding Effect: Pursuant to RCW 36.70B.190,
this Development
Agreement shall be recorded in the real property records
of Yakima County,
Washington. This
Agreement is binding on City and Developer.
'
Tate Development Agreement - 420 S. 32nd Avenue 2 of 4
DO^.
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Section 10. Effective Date: This Development Agreement shall be effective upon final
determinations (1) approving the rezone; (2) approving any associated use applications by the
appropriate legislative or administrative body, and (3) upon all necessary public process as established
by statute and the Yakima Municipal Code, and at such time as said determinations are not subject to any
further or additional appeals.
Section 11. Other Necessary Acts: City and Developer shall execute and deliver to the other all
further instruments and documents that are reasonably necessary to carry out and implement the rezone
and land use approvals, and that are otherwise reasonable or necessary to provide the full and complete
enjoyment of rights and privileges under this Agreement.
Section 12. Covenant Running with the Land: All of the provisions contained in this Agreement
shall be enforceable as equitable servitudes and shall constitute covenants running with the land
pursuant to Washington law. Each covenant herein to act or refrain from acting is for the benefit of or
burden upon the subject property as appropriate, runs with the property, and is binding upon each
successive owner or occupant of the subject property.
Section 13. Covenant of Good Faith and Fair Dealing: City and Developer shall use their best
efforts and take and employ all necessary actions to ensure that the rights secured through this
Agreement can be enjoyed, and neither party shall take any action that will deprive the other of enjoyment
of the rights secured through this Agreement.
Section 14. Severability: If any part of this Agreement is amended by mutual agreement of the
parties or any part is held to be illegal, invalid, or otherwise unenforceable, the remainder of this
Agreement shall remain in full force and effect.
Section 15. Venue and Applicable Law: City and Developer agree that venue of any action shall
hereon be laid in Yakima County, Washington and that this Agreement shall be construed according to
the laws of the State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first
written above.
CITY OF YAKIMA, A WASHINGTON MUNICIPAL
CORPORATION
By:
R.A. Zais, Jr., City Manager
DEVELOPER
John Tate
Patricia Tate
Tate Development Agreement - 420 S. 32nd Avenue 3 of 4 DOC.
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Property Address: 420 SO 32ND AVE
YAKIMA, WA 98902
EXHIBIT "A"
L
APNq 181322-44051 LE GAL DESCRIPTION
That portion of the Southeast % of the Southeast' /4 of the Southeast Y4 of Section 22,
Township 13 North, Range 18, E.W.M., hereafter called "said subdivision ", described as
follows;
Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said
subdivision;
thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of
beginning;
thence North 89 °50' West 223.5 feet, more or less, to a point 90 feet East of the North and
South center line of said subdivision
thence South along the line 90 feet East of and parallel to the said center line 98.5 feet to
the North line of Tieton Drive;
thence East 223.5 feet to the West line of Grandview Avenue;
.thence North along the West line of said Avenue 98 feet to the true point of beginning,
EXCEPT the West 42 feet,
EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25,
1964, under Auditor's File No. 2000604,
AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded
December 2, 1991, under Auditor's File No. 2943047
1 Tate Development Agreement - 420 S. 32nd Avenue
4of4
DOC.
INDEX
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JOHN AND PATRICIA TATE
RZ#001-09, CL3#005-09, SEPA#004-09
EXHIBIT LIST
CHAPTER C '
Hearing Examiner's Recommendation and Development
Agreement
D U E- MIT U AM-
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C-1
Hearing Examiner's Recommendation
05/15/2009
C-2
Proposed Development Agreement
05/15/2009
RECEIVED
1
MAY 1 5 2009
CITY OF YAI IMA
PLANNING DIV.
DJ
Development Agreement
This Development Agreement ( "Agreement ") is entered into this day of 2009, by
and between the City of Yakima, Washington, a municipal corporation organized under the laws of the
' state of Washington, 129 N. 2nd Street, Yakima, Washington, 98901 ( "City ") and John Tate and Patricia
Tate, property owners of property located at 420 S. 32nd Avenue, Yakima, Washington, and their
successors and assigns ( "Developer').
'RECITALS
A. To strengthen the public planning process and provide project development certainty, the
Washington State legislature enacted RCW 36.70B.170 -.210 (the "Development Agreement Statute "),
which authorizes cities to enter into agreements regarding the development of real property located within
the City's jurisdiction with any person having an ownership interest or control of such real property.
B. The Developer is the owner of certain real property located at 420 S. 32nd Avenue, Yakima,
Washington, 98902 (Assessor Tax Parcel No. 181322 - 44051) and Legally Described as attached hereto
as "Exhibit A." The property is located at the northwest comer of W. Tieton Drive and S. 32nd Avenue,
Iwo minor arterial streets.
C. The Developer has proposed a rezone of a single parcel of land, approximately 16,000 sq. ft. in
size, from Single - Family Residential to Two - Family Residential. The rezone is consistent with Table 111 -11
of the Yakima Urban Area Comprehensive Plan 2025 (YUACP) and the future land use designation, Low
Density Residential, as setforth in Map Ill -2 of the YUACP. The rezone application is accompanied by a
Type (3) review application for a "convalescent, nursing, and group home," which will' operate as a
transitional care facility for children from birth to age eighteen. The purpose of the limitations setforth
herein is to preserve the historic nature of the neighborhood.
D. A revised Site Plan has been provided for the proposed use, which meets the City of Yakima's
Development Standards as set forth in YMC Title 15 for parking, lot coverage, off - street parking, lighting,
landscaping, and sitescreening. A copy of the revised Site Plan is attached as Exhibit B and incorporated
' by this reference.
E. City and Developer agree that the rezone and approved land uses shall be limited to the specific
proposal presented in the application and that no material modification, expansion, or alteration of such
use or structure shall be permitted without applicable ordinance procedures governing such matters.
F. City and Developer are entering into this Development Agreement to provide certainty for
planning and usage of the property and to assure the limitation of permissible uses to those identified and
reviewed by the City Staff, Hearing Examiner, and City Council.
ITate Development Agreement - 420 S. 32nd Avenue 1 of 4
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NOW THEREFORE, in consideration of the mutual promises herein, City and Developer AGREE AS
FOLLOWS:
Section 1. Rezone of Property: The rezone of the property located at 420 S. 32nd Avenue,
Yakima, Washington, shall be expressly conditioned upon the terms and conditions setforth in this
Development Agreement and approved uses shall not be materially modified, expanded, or altered other
than by a subsequent public process applicable to ordinance amendments (rezones) and land use
processes.
Section 2. Site Plan: Any and all uses of the subject property shall be consistent with the Site
Plan. Any material modification or alteration to the Site Plan shall require public review in accordance
with applicable ordinances relating to ordinance amendments (rezones) and use review and approvals.
The use of the property is expressly conditioned upon reconfiguration of the property (including design
access, and signage) in a manner consistent with the referenced Site Plan.
Section 3. Approved and Permitted Uses /Occupation: Developer shall be permitted and
authorized to conduct only the following uses on the subject property:
A. "Convalescent, Nursing. And Group Home ": Developer may operate a transitional care facility
for up to five children no older than eighteen years of age under this category.
B. Single- Family Residential Zone Uses: Along with the use in Subsection "A" above, Developer
may also operate those uses permitted in the Single - Family Residential zoning district.
Section 4. Assignability of Agreement: The approved uses and the Development Agreement are
assignable as a continuing business under the same conditions of approval as originally approved by the
City of Yakima and as otherwise specified herein. This use and/or Development Agreement shall not be
assigned without the City of Yakima's prior written consent.
Section 5. Discontinuance of Use: The uses permitted herein may continue so long as they
remain otherwise lawful. The use in Subsection 3(A) shall be considered discontinued when it is
succeeded by a Class (1), (2), or (3) use; or, discontinued and not reestablished within eighteen months,
unless an extension is granted by the Administrative Official upon proper application.
Section 6. Modification /Amendment: Any material modification, expansion, alteration, or addition
of uses as outlined in this Development Agreement shall require a new public hearing, unless otherwise
determined by City.
Section 7. Reversion of Zoning: When such use is discontinued and not reestablished in accord
with the Yakima Municipal Code and this Agreement the zoning shall automatically revert back to the
Single - Family Residential zoning designation.
Section 8. Notices and Demands: Any notice or demand which either party hereto required or
desires to give to or make upon the other shall be in writing and delivered or mailed by United States
registered or certified mail, return receipt requested, postage paid, addressed as follows:
To City: City of Yakima
To Developer: John and Patricia Tate
c/o City Manager
dba Kinderhafen, LLC
129 N. 2nd Street
11 N. 59th Avenue
Yakima, WA 98901
Yakima, WA 98908
Section 9. Recordation /Binding Effect: Pursuant to RCW 36.70B.190, this Development
Agreement shall be recorded in the real property records of Yakima County, Washington. This
Agreement is binding on City and Developer.
Tate Development Agreement - 420 S. 32nd Avenue 2 of 4
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Section 10. Effective Date: This Development Agreement shall be effective upon final
determinations (1) approving the rezone; (2) approving any associated use applications by the
appropriate legislative or administrative body, and (3) upon all necessary public process as established
by statute and the Yakima Municipal Code, and at such time as said determinations are not subject to any
further or additional appeals.
Section 11. Other Necessary Acts: City and Developer shall execute and deliver to the other all
further instruments and documents that are reasonably necessary to carry out and implement the rezone
and land use approvals, and that are otherwise reasonable or necessary to provide the full and complete
enjoyment of rights and privileges under this Agreement.
Section 12. Covenant Running with the Land: All of the provisions contained in this Agreement
shall be enforceable as equitable servitudes and shall constitute covenants running with the land
pursuant to Washington law. Each covenant herein to act or refrain from acting is for the benefit of or
burden upon the subject property as appropriate, runs with the property, and is binding upon each
successive owner or occupant of the subject property.
Section 13. Covenant of Good Faith and Fair Dealing: City and Developer shall use their best
efforts and take and employ all necessary actions to ensure that the rights secured through this
Agreement can be enjoyed, and neither party shall take any action that will deprive the other of enjoyment
of the rights secured through this Agreement.
Section 14. Severability: If any part of this Agreement is amended by mutual agreement of the
parties or any part is held to be illegal, invalid, or otherwise unenforceable, the remainder of this
Agreement shall remain in full force and effect.
Section 15. Venue and Applicable Law: City and Developer agree that venue of any action shall
hereon be laid in Yakima County, Washington and that this Agreement shall be construed according to
the laws of the State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first
written above.
ITate Development Agreement - 420 S. 32nd Avenue
3 of 4
CITY OF YAKIMA, A WASHINGTON MUNICIPAL
CORPORATION
By:
R.A. Zais, Jr., City Manager
DEVELOPER
John Tate
Patricia Tate
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Property Address. 420 SO 32iti7D AVE
YAK I V.A, WA 95902
EX.H1131T "A"
P LLGADESCRIPTION .PN� 181322-1'40,'DESCRIPTION
That portion of the Southeast X of the Southeast '/t of the Sout -neast ;4 of Sectior, 22,
Township 1:3 North, Range 18, E.W.N., hereafter called "said subdivision ", described as
follows;
Beginning on the East line of said subdivision 526 feet South cf the Northeast comer of laic
subdivision;
thence Nort:-1 89 050' West 20 feet to the West line of Grandv:ew Avenue and the true po -,! of
beginning;
thence Noah 89 °50' West 223.5 feet, more or less, to a point 90 feet Eas: of the North and
South center line of said suodivrs.on
thence South along the lire 90 feet East of and p2rallei io the said center line 98.5 feet to
the North line of Tieton Drive;
thence East 223.5 fee. to the %Nest line of Grandview Avenue:
thence Noah along the West line of said Avenue 98 feet to the true po;nt of beginr ng,
EXCEPT the West 42 feet,
EXCEPT that poriion conveyed to the City of Yakima for street by deed recorded June 25,
1964, under Auditor's Five No. 2000604,
AND EXCEPT that portion conveyed to the City of Yakima for street by deed recordec
December 2, 1991, under Auditor's File No. 2943047
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CITY OF YAKIMA
PLANNING DIV.
City of Yakima, Washington
' Hearing Examiner's Recommendation and Decision
' May 15, 2009
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In the Matter of a Rezone and Class (3)
Use Application Submitted by:
John and Patricia Tate
To Rezone a Parcel at 420 South 32'd )
Avenue from the R -1 to the R -2 Zoning )
District and to Establish a Class (3) )
Transitional Medical Care Facility for )
Up to Five Children up to 18 Years Old )
RZ #001 -09
CL(3) #005 -09
SEPA #004 -09
Introduction. The procedural aspects of this application are as follows:
(1) The Hearing Examiner conducted a public hearing on April 9, 2009.
(2) Testimony in favor of the application was presented by Assistant Planner
Kevin Futrell, by applicants John and Patricia Tate, and by resident Philip Steele.
(3) Testimony in opposition to approval of the application as submitted was
presented by members of the Barge - Chestnut Neighborhood Association's land use
committee, Gary Forrest and Ralph Call, and by a member of the City's and the
Association's historical committees, Jenifer Wilde McMurtrie.
(4) The testimony and letter from the Barge- Chestnut Neighborhood Association
members indicated that they could live with the proposed rezone and transitional medical
John and Patricia Tate 1
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32 n Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
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CITY OF YAKIMA
PLANNING DIV.
care facility use if a properly drafted development agreement were adopted by an
ordinance that would return the zoning to the Single- Family Residential (R -1) zone if the
applicant's proposed transitional medical care facility changes, fails or is sold. They
referred to a development agreement to that effect adopted in 2001 for the adjacent
residence to the east by City Ordinance 2001 -65 as a condition of rezone RZ 5 -01.
(5) Mrs. Tate indicated that she would have no problem with the zoning going
back to R -1 if the proposed use is changed in the future.
(6) The Examiner therefore left the record open for receipt of any information that
Mr. Futrell might wish to submit along those lines to supplement his staff report.
(7) On May 1, 2009, Mr. Futrell submitted Staff Comments to the Hearing
Examiner which recommended a conditional rezone subject to the terms of an attached
Development Agreement patterned after the development agreement adopted by City
Ordinance 2001 -65. Those comments and that proposed Development Agreement will be
included as additional exhibits in the record of this matter. That proposed Development
Agreement is attached to this recommendation and decision for ease of reference.
(8) The Examiner recommends the Development Agreement submitted by Mr.
Futrell be a condition of the rezone and includes compliance with that agreement as a
condition of the Class (3) use for the reasons which are detailed in Mr. Futrell's staff
report. This recommendation and decision have been issued within ten business days of
receipt of those comments and that proposed Development Agreement on May 1, 2009.
Summary of Recommendation and Decision. The Examiner (1) recommends
approval by the Yakima City Council of a conditional rezone from the Single- Family
Residential (R -1) zoning district to the Two - Family Residential (R -2) zoning district
subject to the terms of the proposed Development Agreement; and (ii) approves the
proposed Class (3) use of a transitional medical care facility for up to five children no
older than eighteen years of age subject to Mr. Futrell's recommended conditions and
contingent upon the City Council's approval of the requested rezone.
John and Patricia Tate
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
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PLANNING DIV.
Basis for Recommendation and .Decision. Based upon a view of the site without
anyone else present on April 7, 2009; the information contained in the staff report,
exhibits, testimony and other evidence presented at an open record public hearing on
April 9, 2009; the comments and proposed Development Agreement provided by Mr.
Futrell on May 1, 2009; and a review of the Yakima Urban Area Comprehensive Plan
and the Yakima Urban Area Zoning Ordinance; the Examiner makes the following:
FINDINGS
I. Applicants/Property Owners. The applicants and property owners are John and
Patricia Tate, 11 North 591h Avenue, Yakima, Washington.
II. Location. The location of the requested rezone is 420 South 32nd Avenue, Yakima,
Washington. The parcel number is 181322 - 44051.
III. Application. This is an application to rezone a parcel from the R -1 to the R -2
zoning district and to approve a transitional medical care facility for up to five children
no older than 18 years of age on the parcel. The parcel is located on the northwest corner
of Tieton Drive and South 32nd Avenue at 420 South 32nd Avenue. The parcel presently
contains a single - family residence that would be used for the transitional care facility.
This is a project rezone request because the application requests approval of a specific
use for the parcel which can , be allowed with Class (3) use approval in an R -2 zoning
district and which cannot be allowed in an R -1 zoning district.
John and Patricia Tate 3
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
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CITY OF YAKIMA
PLAC`lNINC; ow.
IV. Notices. Notices of the April 9, 2009, public hearing and the SEPA environmental
review process were provided in the following manners:
Posting of a land use action sign on the property: February 24, 2009
Mailing of notice of application, SEPA review & hearing: February 25, 2009
Publishing of said notice in Yakima Herald - Republic: February 25, 2009
Mailing and publishing of SEPA DNS: March 20, 2009
V. State Environmental Policy Act. A Determination of Nonsignificance (DNS)
was issued by the City of Yakima for the requested rezone on March 20, 2009. No
appeal was filed during the SEPA appeal period which expired on April 3, 2009. The
requested Class (3) use is exempt from environmental review under the City's flexible
threshold for SEPA review.
VI. Transportation Capacity Management Ordinance. This proposal is an
exempt activity under the Transportation Capacity Management Ordinance. Any
redevelopment of the site may require a traffic concurrency review.
VII. Current Zoning and Land Uses. The parcel is zoned Single - Family Residential
(R -1) and is used for a single - family residence. Characteristics of adjacent properties are:
Location
Zoning
North
R -1
South
R -1
West
R -1
East
B -1 (limited)
John and Patricia Tate
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32 °d Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
4
Land Use
Single- Family Dwellimg
Single - Family Dwelling
Single- Family Dwelling
Coffee Shop/Professional
Office/Massage Therapy
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CITY Or YAKIMA
VIII. Summary of the Main Points of the Testimony at the Hearing and of the
Information submitted after the Hearing before the Record was Closed. The
main points of the testimony presented at the hearing and the information relative to the
proposed Development Agreement submitted after the hearing are as follows:
(1) Assistant Planner Kevin Futrell presented his staff report recommending
approval of this application. for a rezone of the parcel at 420 South 32nd Avenue from the
Single - Family Residential (R -1). to the Two - Family Residential (R -2) zoning district and
for approval of the proposed transitional care facility which is a Class (3) use in the R -2
zoning district.
(2) - Applicant Patricia Tate testified that there is a need for a facility that provides
temporary 24 -hour care for medically fragile children between the time they are released
from the hospital and the ti me they are returned to the home because there are not enough
nurses to ,provide all of those children with 24 -hour care at their homes; that the impact
on the neighborhood would be less than the impact that some uses of a single- family
residence would have on the neighborhood; and that she would have no problem with the
R -2 zone reverting back to the R -1 zone if the proposed use is changed.
(3) Applicant John Tate indicated that the exterior of the existing single- family
residence will not be changed except for the addition of a handicap- accessible door and
ramp and the removal of the garage to make room for off - street parking; that the most
significant noise will be the lawnmower once or twice a week that would also exist for a
single - family residential use; that typical residential lighting will be utilized; and that the
use cannot be provided for. more than five children at a time because then the
International Building Code would classify it as an institution that would not work in a
residence.
(4) In opposition to the rezone, Gary Forrest read a letter dated April 9, 2009,
from the Barge - Chestnut Neighborhood Association Land Use Committee which is in the
record. It indicates that the existing R -1 zoning classification is consistent with the
Comprehensive Plan goals to preserve and restore existing neighborhoods and the policy
to maintain and preserve the existing single - family neighborhoods of northeast, southeast
and Barge - Chestnut areas of the City; that the Barge - Chestnut area's architecture and
historical contributions to the City are the reasons it has been singled out for protection;
John and Patricia Tate 5
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
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that the proposed facility can be located elsewhere where a rezone is not required because
it is not tied to or sponsored by the nearby hospital; that the R -2 zoning district would no
longer afford the surrounding R -1 single- family neighborhood with the highest level of
protection from other uses because in the R -2 zoning district Class (1) permitted uses
include duplexes and Class (2) generally permitted uses include multi- family dwellings,
churches, synagogues, temples, community centers, meeting halls and fraternal
organizations; that alternatively the Barge - Chestnut Neighborhood Association could live
with an ordinance allowing the rezone subject to a development agreement similar to the
agreement adopted by City Ordinance 2001 -65 that would protect the neighborhood by
requiring the parcel to revert back to R -1 zoning if the applicants' business changes, fails
or is sold in the future.
(5) Ralph Call agreed with the letter read by Mr. Forrest. He added that the
requested rezone would set a terrible precedent for the neighborhood because other
homes in the area could similarly satisfy the stated reasons for the rezone; that the rezone
to R -2 would be permanent, but the business may not be; that the proposed use is not
compatible with the area because it is outside the institutional overlay zone developed
over many years for the Yakima Valley Memorial Hospital campus; that the conditional
rezone of the adjacent property was controversial and was supposed to be a one -time
event; and that there have been no other rezones from R -1 to R -2 in the Barge - Chestnut
neighborhood in the last 20 years.
(6) Jenifer Wilde McMurtrie testified that the proposed use is a good idea, but not
in a home that is architecturally significant in an area that contains a historic residential
neighborhood.
(7) Philip Steele testified that the application should be approved because there
will be no change to the exterior appearance of the residence, and its historical character
will be preserved by the proposed use.
(8) After some discussion as to the willingness of the applicants and the Barge -
Chestnut Neighborhood Association to agree upon a development agreement similar to
the agreement approved for the adjacent property to the east, the Examiner left the record
open for any additional information that Mr. Futrell might want to submit on that possible
approach and otherwise closed the hearing.
(9) By means of a submittal dated May 1, 2009, Mr. Futrell submitted a proposed
Development Agreement and the following additional comments for the record:
John and Patricia Tate 6
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32 Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
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PLANNING DIV.
"In light of testimony received during the open record public hearing; staff
encourages you to conditionally rezone the subject property in a way that the
property would revert to Single - Family Residential zone in the event the
Developer discontinues the business. The attached Development Agreement sets
forth staff's recommendation on restricting the rezone.
Within the City of Yakima, there has been only one rezone that was conditioned
so that it would revert back to the original zoning (RZ 45 -01). The property that
had this condition is located directly to the east of the subject property."
The proposed Development Agreement is patterned after the development agreement
recommended by former Hearing Examiner Philip Lamb in RZ 5 -01 and adopted by City
of Yakima Ordinance No. 2001 -65. It provides that the rezone is expressly conditioned
on the terms of the agreement; that the approved uses and the site plan will not be
materially modified, expanded or altered other than by a subsequent public process
applicable to rezones and land use processes; that the parcel may only be used for a
transitional care facility for up to five children no older than eighteen years of ,age which
is within the Class (3) use category in an R -2 zone of "Convalescent, Nursing and Group
Home" and for uses permitted in the R -1 zone; that the approved uses and Development
Agreement are assignable only as a continuing business under the same conditions of
approval and the same Development Agreement originally approved and only if the City
of Yakima gives its prior written consent; that, if the use is discontinued without being
reestablished within 18 months or within any extended time period approved upon proper
application, the zoning shall automatically .revert back to the Single - Family Residential
zoning designation; that the Development Agreement will be recorded and its terms shall
constitute covenants running with the land that are binding upon successive owners or
occupants of the subject property; and that the Development Agreement will be effective
when the rezone and Class (3) use approvals become final without the possibility of any
further or additional appeals. The entire proposed Development Agreement is attached to
this recommendation and decision for ease of reference.
IX. Rezone Review Criteria. Recommendations regarding rezone applications within
the Yakima Urban Area must be based upon the following, criteria specified in Subsection
John and Patricia Tate
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
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CITY OF YAKIMA
PLANNING DIV.
15.23.030(E) of the Urban Area Zoning Ordinance:
(1) The testimony at the public hearing: The testimony at the hearing as
summarized above ranged from testimony in favor of the requested rezone without any
conditions to testimony in opposition to the requested rezone under any circumstances.
Since there is an interest in preserving the historical significance of the residence and the
area, and since the applicants are willing to execute a development agreement that would
limit the future use of the residence, a conditional rezone similar to the rezone approved
in 2001 for the adjoining residence to the east seems to be the best way to resolve the
conflicting interests expressed at the hearing.
(2) The suitability of the property for uses permitted under the proposed
zoning: The proposed transitional medical care facility for up to five children no older
than 18 years of age would be suitable for the intended parcel in the sense that (i) it
would be accessed from the minor arterial of Tieton Drive; (ii) any signage would be on
that arterial; (iii) it would be conducted within an existing single- family residence
without changing its external historic and architectural features except for addition of a
handicap- accessible door and ramp; (iv) it is a needed medical - related use that would be
located near other such uses; and (v) if it is conditioned upon the terms of a development
agreement, there would be protection for the neighborhood against the encroachment of
other potential R -2 uses into the Barge - Chestnut neighborhood by way of conditions
similar to the conditions imposed on the rezone of the adjacent residential property.
(3) Recommendations from interested agencies and departments: The only
comments from agencies were standard comments related to the rezone's environmental
review from the Yakima Regional Clean Air Agency and the Department of Ecology
which were neither for nor against the requested rezone. The only department
recommendation was the City Planning Division's recommendation in favor of the
requested rezone.
(4) The extent to which the proposed rezone is in compliance with and /or
deviates from the goals, policies and intent of the Yakima Urban Area
Comprehensive Plan: The Future Land Use Map III -3 of the Yakima Urban Area
Comprehensive Plan 2025 designates this parcel as Low Density Residential. Although
rezones are based on factors in addition to the Land Use Map, Table III -11 on page III -18
provides that R -2 zoning can be consistent with the Low Density Residential designation.
John and Patricia Tate 8
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32"d Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
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PLANNING DIV.
That means that the requested rezone can be granted without the need for a
Comprehensive Plan amendment. If the rezone is conditioned on a Development
Agreement that protects the neighborhood from a change to a different R -2 use than the
use proposed, the rezone will be consistent with the goals, policies and intent of the
Comprehensive Plan. For example, as conditioned, the proposed transitional medical
care facility would be compatible with policies such as 3.14.1 to the effect that new
institutions should be placed where they are compatible with surrounding land uses and
3.14.2 to the effect that access to institutions shall be from a principal arterial and should
not increase traffic on local residential streets. The impact of the proposed use on the
neighborhood will be the same as the impact of surrounding low density residential uses
on the neighborhood. The proposed use will be conducted within -the single- family
residence which has existed on the parcel for many years and will preserve the historic
and architectural qualities of the residence with only minor external alterations.
(5) The adequacy of public facilities such as roads, sewer, water and other
required public services: The subject parcel is currently served by adequate public
facilities and services.
(6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: The proposed rezone and Class (3) use will be compatible with
neighboring land uses so long as the recommended Development Agreement protects the
neighborhood from the possible encroachment of other R -2 uses in the future and so long
as the proposed Class (3) use is conditioned in the manner recommended'by Mr. Futrell.
(7) The public need for the proposed change: There are few undeveloped two -
family residential properties in the City other than the approximate 173 acres of Congdon
property. Most of the R -2 properties are currently utilized for single - family, two- family,
cemetery or mobile /manufactured home park uses. The Urban Area Comprehensive Plan
2025 states on page V -7 that the Urban Growth Area will need a total of 1,650 to 2,660
acres of vacant land designated for medium and high density residential uses to
accommodate future growth. Redevelopable land for those uses could also be used to fill
that need.
X. Class (3) Review Criteria. The Hearing Examiner's findings and conclusions are
required to set forth specific reasons and ordinance provisions demonstrating that his
John and Patricia Tate 9
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32" d Avenue*
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
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PLANNING DIV.
decision satisfies the following requirements set forth in Subsections 15.04.020(C) and
15.15.040(E) of the Urban Area Zoning Ordinance:
(1) Compliance and Compatibility with the Policies, Objectives and
Development Criteria of the Comprehensive Plan. As noted above, the Future Land
Use Map of the Comprehensive Plan designates this area as being suitable for low density
residential development. Table III -11 on page lIl -18 of the Comprehensive Plan states
that R -2 zoning can be consistent with the Low Density Residential designation. With
the recommended conditions, the proposed transitional care facility would be compliant
and compatible with the policies, objectives and development criteria of the
Comprehensive Plan such as, for example, policies 3.14.1 to the effect that new
institutions should be placed where they are compatible with surrounding land uses and
3.14.2 to the effect that access to institutions shall be from a principal arterial and should
not increase traffic on local residential streets. As previously stated, the impact of the
proposed use on the neighborhood will be the same as the impact of surrounding low
density residential uses on the neighborhood, and the proposed use will be conducted
within the single - family residence on the parcel without adversely affecting its historic or
architectural qualities.
(2) Compliance and Compatibility with the Intent and Character of the Two -
Family Residential (R -2) Zoning District. Subsection 15.03.030(C)(1) of the Urban
Area Zoning Ordinance provides that the purpose of the Two - Family Residential (R -2)
zoning district includes the intent to establish and preserve residential neighborhoods for
detached single- family dwellings, duplexes and other uses compatible with the intent of
this district. The proposed transitional medical care facility is within the definition of a
Class (3) use in the R -2 zone listed in Table 4 -1 of Chapter 15.04 as "Convalescent,
Nursing Homes and Group Homes." Section 15.02.020 defines a "Convalescent or
Nursing Home" as "an establishment providing nursing, dietary, and other personal
services to convalescents, invalids, or aged persons, but not mental cases and cases for
contagious or communicable diseases which are customarily treated in sanitariums and
hospitals." Single - family residences are permitted outright in the R -2 zoning district.
The proposed use will be conducted within the existing single - family residence on the
parcel without significant external modifications and with impacts on the neighborhood
similar to the impacts of other single - family residences in the neighborhood. With Mr.
John and Patricia Tate 10
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32 "d Avenue
RZ 4001 -09; CL(3) #005 -09; SEPA #004 -09
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PLANNING DIV.
' Futrell's recommended conditions, the proposed use will therefore be compliant and
compatible with the intent and character of the R -2 zoning district.
' (3) Compliance with the Provisions and Standards Established in the Zoning
Ordinance noted by the Development Services Team and Public Agencies.
' Applicable zoning ordinance provisions and development standards relative to the
proposed transitional medical care facility include the following comments submitted by
the Development Services Team which met on February 25, 2009, and also include the
' following comments submitted by several public agencies:
(a) Code Administration: City Code Administration staff went through the
structure with the property owner and asked that he renovate the bathroom on the
main floor for handicap accessibility. There is a room on the first floor that could
easily accommodate disabled parents of patients. The ramp will need to be
constructed for the ease of getting patients, medical beds, and equipment inside the
structure. This will also serve for accessibility for a disabled person. The
applicant is installing a fire alarm system. Plan review, permits, and inspections
' are required prior to occupancy per IRC § 105.
(b) Engineering- Engineering has no comments on the proposal.
(c) Stormwater: - The proposed additions at this residential property are
below 5,000 square feet and it is not a high use site. There are no drainage
requirements.
(d) Wastewater: Wastewater has no wastewater - related comments regarding
this proposal.
(e) Water: There is an existing looped twelve -inch waterline in South 32 ❑d
Avenue. There are existing looped six-inch and eight -inch waterlines in Tipton
' Drive. The site has a 3/4 -inch water service and meter. The site is located in the
mid -level pressure zone. Static pressure is approximately 61 -69 PSI. There is an
existing fire hydrant located at .the southeast corner of South 32nd Avenue and
tTipton Drive, and one located at the southeast corner of Voltaire and Tipton Drive.
Codes and Fire Department shall determine all new fire hydrants or fire sprinkler
requirements. Looped twelve -inch waterline - 5,000 GPM. If additional plumbing
fixtures are being added as part of the improvements, a complete plumbing fixture
count should be provided to determine the adequacy of the existing water service
Aand meter size. An approved reduced pressure backflow assembly is required to
John and Patricia Tate 11
' Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
' RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
# G_1
RECEIVED
MAY 1 5 2009
CITY OF YAKIMA,
DV
be installed on the water service prior to any internal plumbing branch. Individual
fixtures should also be protected with appropriate backflow assemblies.
(f) Traffic Engineering: Tieton Drive is classified as a four -lane Minor
Arterial Street carrying an average of 15,400 vehicles daily. South 32nd Avenue is
a two -lane Minor Arterial Street carrying an average of 4,100 vehicles daily (and
is in the process of a downgrade of its Functional Classification to a Neighborhood
Collector Street). The intersection of South 32nd Avenue and Tieton Drive is
signalized, with left turn protection. Traffic Engineering has no specific traffic
related comments regarding the rezone from R -1 to R -2 for this lot. The proposed
use consists of a "transitional care for up to five medically fragile children with
two staff members." In addition, the project narrative states that the facility may
provide sleeping quarters for families on the second floor of the facility, if
feasible. A minimum of six parking spaces are recommended for this facility
including one ADA accessible space. A single driveway (currently existing) from
Tieton Drive is planned to be utilized for this project.
(g) Yakima Regional Clean Air Agency_ If the rezone is approved, a
notification of demolition and renovation will be required. Contractors doing
demolition, excavation, clearing, construction or landscaping work must file a dust
control plan with YRCAA prior to the start of any of the work.
(h) Department of Ecology: Relative to water resources, 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, the place of use, or period of use), then it is
subject to approval from the Department of Ecology pursuant to RCW 90.44.100.
Relative to water quality, for projects greater than one acre with a potential to
discharge offsite, an NPDES construction stormwater general permit from the
Washington State Department of Ecology is required if there is a potential for
stormwater discharge from a construction site with more than one acre of
disturbed ground. This permit requires that the SEPA checklist fully disclose
anticipated activities including building, road construction and utility placements.
Obtaining a pen-nit is a minimum of a 38 -day process and may take up to 60 days
if the original SEPA does not disclose all proposed activities.
John and Patricia Tate
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
12
DOC.INDEN I
# C —/
RECEIVED
MAY 1 5 2009
OITY OF YAKIMA
PLANNING DIV.
' (4) Compliance with the Provisions and Standards Established in the Zoning
Ordinance which are Minimum Criteria to Assure Compatibility. Prescribed zoning
' ordinance provisions and development standards applicable to the proposed transitional
medical care facility, for up to five children no older than 18 years of age which are
minimum criteria that must be met to assure land use compatibility and to promote the
public health, safety and welfare include the following:
(a) Maximum Lot Coverage: Table 5 -1 of Chapter 15.05 of the Yakima
' Municipal Code allows 50% maximum lot coverage in the R -2 zoning district.
The'proposed use meets this requirement.
(b) Off -Street Parking: The off -street parking required for the proposed
development is one, space for every two beds. The proposed use will have five
beds and will be required to provide three off -street parking spaces. Providing a
sleeping area for the parents is beyond what is anticipated for the parking
requirements for a standard convalescent, nursing or group home facility and
additional parking is required to `accommodate those parents. The proposed six
parking spaces would be adequate to meet this requirement. The off- -street parking
and driveway dimension requirements in Chapter 15.06 of the Yakima Municipal-
Code must be met prior to final approval, and a revised site plan is required which
complies with parking requirements as set forth in that chapter.
(c) Sitescreening Section 15.07.060 does not rewire sitescreening along
minor arterial streets such as Tieton Drive or South 32° Avenue. Sitescreening
Standard "C" is required along the north and west property boundaries where the
neighboring land use is single - family residential. 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
only required when the fence is adjacent to a street, alley or pedestrian way under
Section 15.07.050 of the Yakima Municipal Code.
(d) Signal Based on Chapter 15.08 of the Yakima Municipal Code, the
proposed development is allowed one project identification sign per street frontage
not larger than 32 square feet in size. Because of the type, size and location of the
use, the sign will be limited to only one project identification sign along Tieton
Drive which is not larger than 32 square feet in size. .
John and .Patricia Tate 13
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32 "d Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
# G—/
RECEIVED
I AY .f 5 2009
CITY OF YAKIivu,
PLANNING DIV.
XI. Consistency of the Proposed Use with Development Rezulations and the
Comprehensive Plan under the Criteria Required by Section 16 06 020B of
the Yakima Municipal Code. Compliance with Section 16.06.020B of the Yakima
Municipal Code is determined by consideration of the following factors:
(1) The types of land uses permitted at the site. The R -2 zoning district is
consistent with the Comprehensive Plan low density residential designation for the
property. The proposed transitional medical care facility for up to five children no older
than 18 years of age is a Class (3) use in the R -2 zoning district that is permitted so long
as the criteria for approval of a Class (3) use are satisfied, as is the case here if the
conditions set forth in this recommendation and decision are satisfied.
(2) The density of residential development or the level of development such
as units per acre or other measures of density. The density of the proposed use will
comply with the maximum lot coverage of 50% in the R -2 zoning district.
(3) The availability and adequacy of infrastructure and public facilities.
Infrastructure and public facilities are available and adequate for the proposed transitional
medical care facility.
(4) The characteristics of the development. The proposed transitional medical
care facility will be consistent with the development regulations and comprehensive plan
considerations as discussed above. No adjustments to the standards of the R -2 zoning
district are requested to accommodate the proposed use.
CONCLUSIONS
Based upon the foregoing findings, the Hearing Examiner concludes as follows:
(1) The Hearing Examiner has jurisdiction under Subsections 15.23.030(C) and
15.23.030(E) of the Yakima Municipal Code to make a recommendation to the Yakima
City Council regarding this rezone application.
(2) The Hearing Examiner has jurisdiction to approve Class (3) uses by Class (3)
John and Patricia Tate 14
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX t
# C-1
MAY 1 5 2009
CITY OF YAKINiA
PLANNING DIV.
review under the circumstances prescribed by the zoning ordinance, which circumstances
warrant approval of this application for, a transitional medical care facility for up to five
' children no older than 18 years of age contingent upon approval of the rezone and subject
to the conditions set forth below.
(3) The public notice requirements of Chapters 15 and 16 of the Yakima
t Municipal Code have been satisfied.
(4) SEPA review resulted in issuance of a revised final Determination of
' Nonsignificance on March 20, 2009, without an appeal being filed by April 3, 2009.
(5) The proposal was determined to be exempt from review under the
' Transportation Capacity Management Ordinance.
(6) The requested rezone, as conditioned by the proposed Development
' Agreement, would satisfy the seven rezone criteria in Subsection 15.23.030(E) of the
Yakima Municipal Code and the four consistency criteria in Subsection 16.06.020(B) of
the Yakima Municipal Code which -are the applicable criteria to determine whether the
' requested rezone should be approved.
(7) The proposed transitional medical care facility for up to five children no older
than 18 years of age can be adequately conditioned by the conditions set forth below so
as to ensure compatibility, compliance and consistency with the objectives and standards
of the Comprehensive Plan and with the intent, the character, the .provisions and the
development standards of the zoning district and of the zoning ordinance.
(8) This decision approving the Class (3) use of a transitional medical care
' facility, contingent upon approval of R -2 zoning for the subject parcel, may be appealed
to the Yakima City Council within the time and in the manner required by applicable City
ordinance provisions.
RECOMMENDATION AND DECISION
' The Hearing Examiner (i) recommends approval by the Yakima City Council of a
conditional rezone of the subject parcel from the Single - Family Residential (R -1) zoning
John and Patricia Tate 15
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32 "a Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
' DOC. INDEX
# C -/
RECEIVED
I�A`f l 5 2009
CITY OF YAKIMA
P
LANNING I.
district to the Two - Family Residential (R -2) zoning district subject to the terms of the
proposed Development Agreement; and (ii) approves the proposed Class (3) use of a
transitional medical care facility for up to five children no older than eighteen years of
age contingent upon the City Council's approval of the requested rezone and subject to
the following conditions:
(1) The subject property shall be rezoned to Two - Family Residential (R -2) and a
transitional medical care facility for up to five children no older than 18 years of age shall
be allowed subject to continued compliance with the terms set forth in the Development
Agreement for the subject parcel.
(2) The required driveway and six off - street parking spaces shall meet the
dimension requirements set forth in Chapter 15.06 of the Yakima Municipal Code.
(3) The development shall appear as a single - family dwelling as proposed.
(4) Any material modification, expansion, alteration or addition to the building or
the approved use shall require additional Class (3) review for consistency and
compatibility with the neighboring land uses, and a discontinuance of the approved use
shall result in automatic reversion of the zoning of the subject parcel back to the Single -
Family Residential (R -1) zoning district in accordance with the terms set forth in the
Development Agreement for the parcel.
(5) Sitescreening Standard "C" shall be installed along the west and the north
property lines that complies with the fencing standard in Subsection 15.05.020(G) of the
Yakima Municipal Code.
(6) Signage shall only be allowed along Tieton Drive and it shall be limited either
to one project identification sign which shall not be larger than 32 square feet in size or to
one nameplate sign on the building which shall not be larger than 2 square feet in size.
DATED this 15`h day of May, 2009.
John and Patricia Tate
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
16
b", %► . L,
Gary M. Cuillier, Hearing Examiner
DOC. INDEX
# C--/
JOHN AND PATRICIA TATE
RZ#001 -09, CL3 #005 -09, SEPA #004 -09
City Council
Closed Record Public Hearing for Rezone
June 16, 2009
EXHIBIT LIST
Applicant: John and Patricia Tate
File Number: RZ #001 -09, CL3 #005 -09, SEPA #004 -09
Site Address: 420 South 32nd Avenue
Staff Contact: Kevin Futrell, Assistant Planner
Table of Contents
CHAPTER AA Proposed Ordinance
CHAPTER BB Hearing Examiner's Recommendation and
Development Agreement
CHAPTER A Staff Report
CHAPTER B Site Plan
CHAPTER C Maps
CHAPTER D DST (Development Services Team)
Comments
CHAPTER E SEPA Checklist
CHAPTER F Application
CHAPTER G Public Notices
CHAPTER H Public Comments
JOHN AND PATRICIA TATE
RZ#001 -09, CL3 #005 -09, SEPA #004 -09
EXHIBIT LIST
CHAPTER AA
PROPOSED ORDINANCE
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AA -1
Proposed Ordinance for Adoption by City Council
06/16/2009
AA -2
Agenda Statement: City Council Closed Record Public
Hearin
06/16/2009
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. A
For Meeting of: June 16, 2009
Item Title: "Closed Record" public hearing to consider the Hearing Examiner's recommendation
on a rezone request by John and Patricia Tate to rezone property located at 420 S. 32nd
Avenue, Yakima, WA, from R -1 to R -2.
Submitted By: William Cook, Director of Community & Economic Development
Contact Person /Telephone: Kevin Futrell, Assistant Planner, 509 - 575 -6164
Summary Explanation: "Closed Record" public hearing to consider the Hearing Examiner's
recommendation to conditionally approve a request by John and Patricia Tate to rezone a
parcel of land, approximately 0.16 acres in size, from Single - Family Residential (R -1) to Two -
Family Residential (R -2). A transitional care facility is being proposed with this rezone request.
As a separate item, the Council will consider the recommended Development Agreement in an
open record hearing. On April 9, 2009, the Hearing Examiner held an "Open Record" public
hearing to consider the rezone application and the proposed transitional care facility. On May
15, 2009, the Hearing Examiner issued his recommendation to conditionally approve the rezone
request subject to a development agreement.
Resolution
Funding Source
Ordinance X Contract Other (Specify
Approval For Submittal:
City Manager
Staff Recommendation: Staff recommends that the Hearing Examiner's recommendation be
accepted and adopt the attached Ordinance to implement the Rezone of 420 S. 32nd Avenue
from R -1 to R -2.
Board Recommendation: On May 15, 2009, the Hearing Examiner recommended that the
rezone be conditionally approved.
Council Action:
DOC.
INDEX
$ AA -
ORDINANCE NO. 2009-
AN ORDINANCE relating to land use regulation and zoning; conditionally rezoning a parcel of
property located at 420 S. 32nd Avenue, Yakima, Washington from Single -
Family Residential (R -1) to Two - Family Residential (R -2) as more fully
described herein; and approving the recommendation of the Hearing
Examiner regarding the same; John and Patricia Tate being identified as the
applicants herein.
WHEREAS, by application dated February 10, 2009, John and Patricia Tate requested
that the City of Yakima rezone Yakima County Assessor's Parcel No. 181322- 44051, located at
420 S. 32nd Avenue, Yakima, Washington (hereinafter "Property "), from R -1 to R -2; and
WHEREAS, on April 9, 2009, the Hearing Examiner for the City of Yakima conducted an
open- record public hearing regarding the requested rezone; and
WHEREAS, on May 15, 2009, the Hearing Examiner issued Hearing Examiner's
Recommendation (the "Recommendation ") regarding RZ# 001 -09 recommending that the
Property be conditionally rezoned from R -1 to R -2; and
WHEREAS, at a closed- record public hearing held on June 16, 2009, the City Council
considered the requested rezone, including the documents and other evidence which comprise
the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation,
and the statements and comments of interested persons; and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner in
response to the requirements and criteria of YMC 15.23.030(E) and 15.15.040(E) are correct
and appropriate, and that the same should be adopted by the City Council as its findings herein;
and
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following to approve the requested rezone including the requirement for a development
agreement (see Resolution # R -2009- ),
Now Therefore Be It Ordained By The City Of Yakima, City Council:
Section 1. The property located at 420 S. 32nd Avenue, Yakima, Washington
(Yakima County Assessor's Parcel No. 181322- 44051), legally described in Exhibit "A ",
attached hereto and incorporated herein by this reference, is hereby conditionally rezoned from
R -1 to R -2.
Section 2. The findings within the Recommendation (RZ# 001 -09) regarding this
conditional rezone are hereby adopted by the City Council as its findings in support hereof
pursuant to YMC 15.23.030(F), and are incorporated herein by this reference as if fully set forth
herein.
Section 3. The Official Yakima Urban Area Zoning Map and all other zoning, land
use, and other similar maps maintained by the City of Yakima shall be amended or modified to
reflect this conditional rezone.
DOC.
INDEX
I AA-1
Section 4. 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. The City Clerk is hereby authorized and directed to file a certified copy of
this ordinance with the Yakima County Auditor.
Section 6. 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 at a regular meeting and signed and approved this
16th day of June, 2009.
ATTEST:
/s/ Deborah Moore
City Clerk
Publication Date:
/s/ David Edler
David Edler, Mayor
Effective Date:
DOC.
2 INDEX
# AA -1
EXHIBIT "A"
LEGAL DESCRIPTION:
That portion of the Southeast % of the Southeast 1/4 of the Southeast X of Section 22,
Township 13 North, Range 18, E.W.M_, hereafter called "said subdivision ", described as
follows;
Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said
subdivision;
thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of
beginning;
thence North 89 °50' West 223.5 feet, more or less, to a point 90 feet East of the North and
South center line of said subdivision
thence South along the line 90 feet East of and parallel io the said center line 98.5 feet to
the North line of Tieton Drive;
thence East 223.5 feet to the West line of Grandview Avenue;
.thence North along the West line of said Avenue 98 feet to the true point of beginning.
EXCEPT the West 42 feet,
EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25,
1964, under Auditor's File No. 2000604,
AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded
December 2, 1991, under Auditor's File No. 2943047
PARCEL NUMBER 181322 -44051
3
DOC.
INDEX
# AA -1
JOHN AND PATRICIA TATE
RZ#001-09, CL3#005-09., SEPA#004-09
EXHIBIT LIST
CHAPTER BB
Hearing Examiner Recommendation and Development
. Agreement
... - :r-- 4-
, �-igg
wrrpr c
MM ,,w
IN
BB-1
Development Agreement
05/15/2009
1313-2
Hearing Examiner's Recommendation
05/15/2009
RECEIVED
MAY l 5 2009
CITY OF YAKIMA
' PLANNING DIV.
City of Yakima, Washington
Hearing Examiner's Recommendation and Decision
May 15, 2009
In the Matter of a Rezone and Class (3) )
t Use Application Submitted by: )
RZ #001 -09
' John and Patricia Tate ) CL(3) #005 -09
SEPA #004 -09
To Rezone a Parcel at 420 South 32nd )
Avenue from the R -1 to the R -2 Zoning )
District and to Establish a Class (3) )
' Transitional Medical Care Facility for )
Up to Five Children up to 18 Years Old )
Introduction. The procedural aspects of this application are as follows:
t 1 The Hearin Examiner conducted a public hearing on April 9, 2009.
() g P g P
' (2) Testimony in favor of the application was presented by Assistant Planner
Kevin Futrell, by applicants John and Patricia Tate, and by resident Philip Steele.
' (3) Testimony in opposition to approval of the application as submitted was
presented by members of the Barge - Chestnut Neighborhood Association's land use
committee, Gary Forrest and Ralph Call, and by a member of the City's and the
' Association's historical committees, Jenifer Wilde McMurtrie.
(4) The testimony and letter from the Barge - Chestnut Neighborhood Association
' members indicated that they could live with the proposed rezone and transitional medical
John and Patricia Tate 1
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32 °a Avenue
' RZ 4001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
# & -a
RECEIVED
n44 1 5 2009
CITY OF YAKIMA
PLANNING DIV.
care facility use if a properly drafted development agreement were adopted by an
ordinance that would return the zoning to the Single - Family Residential (R -1) zone if the
applicant's proposed transitional medical care facility changes, fails or is sold. They
referred to a development agreement to that effect adopted in 2001 for the adjacent
residence to the east by City Ordinance 2001 -65 as a condition of rezone RZ 5 -01.
(5) Mrs. Tate indicated that she would have no problem with the zoning going
back to R -1 if the proposed use is changed in the future.
(6) The Examiner therefore left the record open for receipt of any information that
Mr. Futrell might wish to submit along those lines to supplement his staff report.
(7) On May 1, 2009, Mr. Futrell submitted Staff Comments to the Hearing
Examiner which recommended a conditional rezone subject to the terms of an attached
Development Agreement patterned after the development agreement adopted by City
Ordinance 2001 -65. Those comments and that proposed Development Agreement will be
included as additional exhibits in the record of this matter. That proposed Development
Agreement is attached to this recommendation and decision for ease of reference.
(8) The Examiner recommends the Development Agreement submitted by Mr.
Futrell be a condition of the rezone and includes compliance with that agreement as a
condition of the Class (3) use for the reasons which are detailed in Mr. Futrell's staff
report. This recommendation and decision have been issued within ten business days of
receipt of those comments and that proposed Development Agreement on May 1, 2009.
Summary of Recommendation and Decision. The Examiner (i) recommends
approval by the Yakima City Council of a conditional rezone from the Single- Family
Residential (R -1) zoning district to the Two - Family Residential (R -2) zoning district
subject to the terms of the proposed Development Agreement; and (ii) approves the
proposed Class (3) use of a transitional medical care facility for up to five children no
older than eighteen years of age subject to Mr. Futrell's recommended conditions and
contingent upon the City Council's approval of the requested rezone.
John and Patricia Tate
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
►P
DOC. INDEX
' RECEIVED
MAY 15 2009
' CITY OF YAKIMA
PLANNING DIV.
' Basis for Recommendation and Decision. Based upon a view of the site without
' anyone else present on April 7, 2009; the information contained in the staff report,
exhibits, testimony and other evidence presented at an open record public hearing on
April 9, 2009; the comments and proposed Development Agreement provided by Mr.
Futrell on May 1, 2009; and a review of the Yakima Urban Area Comprehensive Plan
and the Yakima Urban Area Zoning Ordinance; the Examiner makes the following:
' FINDINGS
1
I. Applicants/Property Owners. The applicants and property owners are John and
' Patricia Tate, 11 North 591h Avenue, Yakima, Washington.
II. Location. The location of the requested rezone is 420 South 32 "d Avenue, Yakima,
' Washington. The parcel number is 181322 - 44051.
III. Application. This is an application to rezone a parcel from the R -1 to the R -2
zoning district and to approve a transitional medical care facility for up to five children
no older than 18 years of age on the parcel. The parcel is located on the northwest corner
of Tieton Drive and South 32nd Avenue at 420 South 32nd Avenue. The parcel presently
' contains a single - family residence that would be used for the transitional care facility.
This is a project rezone request because the application requests approval of a specific
use for the parcel which can be allowed with Class (3) use approval in an R -2 zoning
district and which cannot be allowed in an R -1 zoning district.
' John and Patricia Tate 3
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32 ❑d Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
RECEIVED
MAY 1 5 2009
CITY OF YAKIMA
PLANNING DIV.
IV. Notices. Notices of the April 9, 2009, public hearing and the SEPA environmental
review process were provided in the following manners:
Posting of a land use action sign on the property: February 24, 2009
Mailing of notice of application. SEPA review & hearing: February 25, 2009
Publishing of said notice in Yakima Herald- Republic: February 25, 2009
Mailing and publishing of SEPA DNS: March 20, 2009
V. State Environmental Policy Act. A Determination of Nonsignificance (DNS)
was issued by the City of Yakima for the requested rezone on March 20, 2009. No
appeal was filed during the SEPA appeal period which expired on April 3, 2009. The
requested Class (3) use is exempt from environmental review under the City's flexible
threshold for SEPA review.
VI. Transportation Capacity Management Ordinance. This proposal is an
exempt activity under the Transportation Capacity Management Ordinance. Any
redevelopment of the site may require a traffic concurrency review.
VII. Current Zoning and Land Uses. The parcel is zoned Single - Family Residential
(R -1) and is used for a single - family residence. Characteristics of adjacent properties are
Location
Zoning
Land Use
North
R -1
Single - Family Dwelling
South
R -1
Single- Family Dwelling
West
R -1
Single - Family Dwelling
East
B -1 (limited)
Coffee Shop/Professional
Office/Massage Therapy
John and Patricia Tate 4
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
# - a
I RECEIVED
MAY 7 5 2009
CITY Or YAKIMA
' VIII. Summary of the Main Points of the Testimony at the Hearin and of the
Information submitted after the Hearinp- before the Record was Closed. The
main points of the testimony presented at the hearing and the information relative to the
proposed Development Agreement submitted after the hearing are as follows:
' (1) Assistant Planner Kevin Futrell presented his staff report recommending
approval of this application for a rezone of the parcel at 420 South 32nd Avenue from the
Single - Family Residential (R -1) to the Two - Family Residential (R -2) zoning district and
for approval of the proposed transitional care facility which is a Class (3) use in the R -2
zoning district.
(2) Applicant Patricia Tate testified that there is a need for a facility that provides
temporary 24 -hour care for medically fragile children between the time they are released
from the hospital and the time they are returned to the home because there are not enough
nurses to provide all of those children with 24 -hour care at their homes; that the impact
on the neighborhood would be less than the impact that some uses of a single- family
residence would have on the neighborhood; and that she would have no problem with the
R -2 zone reverting back to the R -1 zone if the proposed use is changed.
(3) Applicant John Tate indicated that the exterior of the existing single- family
residence will not be changed except for the addition of a handicap - accessible door and
ramp and the removal of the garage to make room for off - street parking; that the most
significant noise will be the lawnmower once or twice a week that would also exist for a
single- family residential use; that typical residential lighting will be utilized; and that the
use cannot be provided for more than five children at a time because then the
International Building Code would classify it as an institution that would not work in a
residence.
(4) In opposition to the rezone, Gary Forrest read a letter dated April 9, 2009,
from the Barge - Chestnut Neighborhood Association Land Use Committee which is in the
record. It indicates that the existing R -1 zoning classification is consistent with the
Comprehensive Plan goals to preserve and restore existing neighborhoods and the policy
to maintain and preserve the existing single - family neighborhoods of northeast, southeast
and Barge - Chestnut areas of the City; that the Barge - Chestnut area's architecture and
historical contributions to the City are the reasons it has been singled out for protection;
John and Patricia Tate 5
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32"d Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
# ,6 --.)-
RECEIVED
MAY 1 5 2009
CITY OF YAKIMA
PL r_1!N!NC_ D!N.
that the proposed facility can be located elsewhere where a rezone is not required because
it is not tied to or sponsored by the nearby hospital; that the R -2 zoning district would no
longer afford the surrounding R -1 single - family neighborhood with the highest level of
protection from other uses because in the R -2 zoning district Class (1) permitted uses
include duplexes and Class (2) generally permitted uses include multi - family dwellings,
churches, synagogues, temples, community centers, meeting halls and fraternal
organizations; that alternatively the Barge - Chestnut Neighborhood Association could live
with an ordinance allowing the rezone subject to a development agreement similar to the
agreement adopted by City Ordinance 2001 -65 that would protect the neighborhood by
requiring the parcel to revert back to R -1 zoning if the applicants' business changes, fails
or is sold in the future.
(5) Ralph Call agreed with the letter read by Mr. Forrest. He added that the
requested rezone would set a terrible precedent for the neighborhood because other
homes in the area could similarly satisfy the stated reasons for the rezone; that the rezone
to R -2 would be permanent, but the business may not be; that the proposed use is not
compatible with the area because it is outside the institutional overlay zone developed
over many years for the Yakima Valley Memorial Hospital campus; that the conditional
rezone of the adjacent property was controversial and was supposed to be a one -time
event; and that there have been no other rezones from R -1 to R -2 in the Barge - Chestnut
neighborhood in the last 20 years.
(6) Jenifer Wilde McMurtrie testified that the proposed use is a good idea, but not
in a home that is architecturally significant in an area that contains a historic residential
neighborhood.
(7) Philip Steele testified that the application should be approved because there
will be no change to the exterior appearance of the residence, and its historical character
will be preserved by the proposed use.
(8) After some discussion as to the willingness of the applicants and the Barge -
Chestnut Neighborhood Association to agree upon a development agreement similar to
the agreement approved for the adjacent property to the east, the Examiner left the record
open for any additional information that Mr. Futrell might want to submit on that possible
approach and otherwise closed the hearing.
(9) By means of a submittal dated May 1, 2009, Mr. Futrell submitted a proposed
Development Agreement and the following additional comments for the record:
John and Patricia Tate 6
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
# %.313 -a
RECEIVED
MAY 1 5 2009
CITY OF YAKIMA
PLANNING DIV.
"In light of testimony received during the open record public hearing, staff
encourages you to conditionally rezone the subject property in a way that the
property would revert to Single - Family Residential zone in the event the
Developer discontinues the business. The attached Development Agreement sets
forth staff's recommendation on restricting the rezone.
Within the City of Yakima, there has been only one rezone that was conditioned
so that it would revert back to the original zoning (RZ 45 -01). The property that
had this condition is located directly to the east of the subject property."
The proposed Development Agreement is patterned after the development agreement
recommended by former Hearing Examiner Philip Lamb in RZ 5 -01 and adopted by City
of Yakima Ordinance No. 2001 -65. It provides that the rezone is expressly conditioned
on the terms of the agreement; that the approved uses and the site plan will not be
tmaterially modified, expanded or altered other than by a subsequent public process
applicable to rezones and land use processes; that the parcel may only be used for a
transitional care facility for up to five children no older than eighteen years of age which
is within the Class (3) use category in an R -2 zone of "Convalescent, Nursing and Group
Home" and for uses permitted in the R -1 zone; that the approved uses and Development
Agreement are assignable only as a continuing business under the same conditions of
approval and the same Development Agreement originally approved and only if the City
of Yakima gives its prior written consent; that if the use is discontinued without being
' reestablished within 18 months or within any extended time period approved upon proper
application, the zoning shall automatically revert back to the Single- Family Residential
zoning designation; that the Development Agreement will be recorded and its terms shall
constitute covenants running with the land that are binding upon successive owners or
occupants of the subject property; and that the Development Agreement will be effective
when the rezone and Class (3) use approvals become final without the possibility of any
further or additional appeals. The entire proposed Development Agreement is attached to
this recommendation and decision for ease of reference.
IX. Rezone Review Criteria. Recommendations regarding rezone applications within
the Yakima Urban Area must be based upon the following criteria specified in Subsection
John and Patricia Tate 7
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
4 t2e - -
RECEIVED
MAY 1 5 2009
CITY OF YAKIMA
PLANNING DIV.
15.23.03O(E) of the Urban Area Zoning Ordinance:
(1) The testimony at the public hearing: The testimony at the hearing as
summarized above ranged from testimony in favor of the requested rezone without any
conditions to testimony in opposition to the requested rezone under any circumstances.
Since there is an interest in preserving the historical significance of the residence and the
area, and since the applicants are willing to execute a development agreement that would
limit the future use of the residence, a conditional rezone similar to the rezone approved
in 2001 for the adjoining residence to the east seems to be the best way to resolve the
conflicting interests expressed at the hearing.
(2) The suitability of the property for uses permitted under the proposed
zoning: The proposed transitional medical care facility for up to five children no older
than 18 years of age would be suitable for the intended parcel in the sense that (i) it
would be accessed from the minor arterial of Tieton Drive; (ii) any signage would be on
that arterial; (iii) it would be conducted within an existing single- family residence
without changing its external historic and architectural features except for addition of a
handicap - accessible door and ramp; (iv) it is a needed medical- related use that would be
located near other such uses; and (v) if it is conditioned upon the terms of a development
agreement, there would be protection for the neighborhood against the encroachment of
other potential R -2 uses into the Barge - Chestnut neighborhood by way of conditions
similar to the conditions imposed on the rezone of the adjacent residential property.
(3) Recommendations from interested agencies and departments: The only
comments from agencies were standard comments related to the rezone's environmental
review from the Yakima Regional Clean Air Agency and the Department of Ecology
which were neither for nor against the requested rezone. The only department
recommendation was the City Planning Division's recommendation in favor of the
requested rezone.
(4) The extent to which the proposed rezone is in compliance with and /or
deviates from the goals, policies and intent of the Yakima Urban Area
Comprehensive Plan: The Future Land Use Map III -3 of the Yakima Urban Area
Comprehensive Plan 2025 designates this parcel as Low Density Residential. Although
rezones are based on factors in addition to the Land Use Map, Table III -11 on page III -18
provides that R -2 zoning can be consistent with the Low Density Residential designation.
John and Patricia Tate 8
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
# 134 — -)-
MAY l 5 2009
CITY OF YAKINMH
PLANNING DIV.
That means that the requested rezone can be granted without the need for a
Comprehensive Plan amendment. If the rezone is conditioned on a Development
Agreement that protects the neighborhood from a change to a different R -2 use than the
use proposed, the rezone will be consistent with the goals, policies and intent of the
Comprehensive Plan. For example, as conditioned, the proposed transitional medical
care facility would be compatible with policies such as 3.14.1 to the effect that new
institutions should be placed where they are compatible with surrounding land uses and
3.14.2 to the effect that access to institutions shall be from a principal arterial and should
not increase traffic on local residential streets. The impact of the proposed use on the
neighborhood will be the same as the impact of surrounding low density residential uses
on the neighborhood. The proposed use will be conducted within the single - family
residence which has existed on the parcel for many years and will preserve the historic
and architectural qualities of the residence with only minor external alterations.
(5) The adequacy of public facilities such as roads, sewer, water and other
required public services: The subject parcel is currently served by adequate public
facilities and services.
(6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: The proposed rezone and Class (3) use will be compatible with
neighboring land uses so long as the recommended Development Agreement protects the
neighborhood from the possible encroachment of other R -2 uses in the future and so long
' as the proposed Class (3) use is conditioned in the manner recommended by Mr. Futrell.
(7) The public need for the proposed change: There are few undeveloped two-
family residential properties in the City other than the approximate 173 acres of Congdon
property. Most of the R -2 properties are currently utilized for single - family, two - family,
cemetery or mobile /manufactured home park uses. The Urban Area Comprehensive Plan
r 2025 states on page V -7 that the Urban Growth Area will need a total of 1,650 to 2,660
acres of vacant land designated for medium and high density residential uses to
accommodate future growth. Redevelopable land for those uses could also be used to fill
that need.
t
X. Class (3) Review Criteria. The Hearing Examiner's findings and conclusions are
' required to set forth specific reasons and ordinance provisions demonstrating that his
' John and Patricia Tate 9
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32'd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
' DOC. INDEX
#,QQ7- �—
RECEIVED
MAY 15 2009
CITY OF YAKIMA
PLANNING DIV.
decision satisfies the following requirements set forth in Subsections 15.04.020(C) and
15.15.040(E) of the Urban Area Zoning Ordinance:
(1) Compliance and Compatibility with the Policies, Objectives and
Development Criteria of the Comprehensive Plan. As noted above, the Future Land
Use Map of the Comprehensive Plan designates this area as being suitable for low density
residential development. Table III -11 on page III -18 of the Comprehensive Plan states
that R -2 zoning can be consistent with the Low Density Residential designation. With
the recommended conditions, the proposed transitional care facility would be compliant
and compatible with the policies, objectives and development criteria of the
Comprehensive Plan such as, for example, policies 3.14.1 to the effect that new
institutions should be placed where they are compatible with surrounding land uses and
3.14.2 to the effect that access to institutions shall be from a principal arterial and should
not increase traffic on local residential streets. As previously stated, the impact of the
proposed use on the neighborhood will be the same as the impact of surrounding low
density residential uses on the neighborhood, and the proposed use will be conducted
within the single - family residence on the parcel without adversely affecting its historic or
architectural qualities.
(2) Compliance and Compatibility with the Intent and Character of the Two -
Family Residential (R -2) Zoning District. Subsection 15.03.030(C)(1) of the Urban
Area Zoning Ordinance provides that the purpose of the Two - Family Residential (R -2)
zoning district includes the intent to establish and preserve residential neighborhoods for
detached single - family dwellimgs, duplexes and other uses compatible with the intent of
this district. The proposed transitional medical care facility is within the definition of a
Class (3) use in the R -2 zone listed in Table 4 -1 of Chapter 15.04 as "Convalescent,
Nursing Homes and Group Homes." Section 15.02.020 defines a "Convalescent or
Nursing Home" as "an establishment providing nursing, dietary, and other personal
services to convalescents, invalids, or aged persons, but not mental cases and cases for
contagious or communicable diseases which are customarily treated in sanitariums and
hospitals." Single - family residences are permitted outright in the R -2 zoning district.
The proposed use will be conducted within the existing single - family residence on the
parcel without significant external modifications and with impacts on the neighborhood
similar to the impacts of other single - family residences in the neighborhood. With Mr.
John and Patricia Tate 10
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32 °d Avenue
RZ 4001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
# — cs�
I RECEIVED
' MAY 4 5 2009
CITY OF YAKIMA
PLANNING DIV.
Futrell's recommended conditions the ro osed use will therefore be compliant and
P P P
compatible with the intent and character of the R -2 zoning district.
1 (3) Compliance with the Provisions and Standards Established in the Zoning
Ordinance noted by the Development Services 'Team and Public Agencies.
Applicable zoning ordinance provisions and development standards relative to the
proposed transitional medical care facility include the following comments submitted by
' the Development Services Team which met on February 25, 2009, and also include the
following comments submitted by several public agencies:
(a) Code Administration: City Code Administration staff went through the
' structure with the property owner and asked that he renovate the bathroom on the
main floor for handicap accessibility. There is a room on the first floor that could
easily accommodate disabled parents of patients. The ramp will need to be
constructed for the ease of getting patients, medical beds, and equipment inside the
structure. This will also serve for accessibility for a disabled person. The
applicant is installing a fire alarm system. Plan review, permits, and inspections
are required prior to occupancy per IRC § 105.
(b) Engineering: Engineering has no comments on the proposal.
(c) Stormwater: The proposed additions at this residential property are
below 5,000 square feet and it is not a high use site. There are no drainage
requirements.
(d) Wastewater: Wastewater has no wastewater - related comments regarding
' this proposal.
(e) Water: There is an existing looped twelve -inch waterline in South 32' d
' Avenue. There are existing looped six -inch and eight -inch waterlines in Tieton
Drive. The site has a 3/4 -inch water service and meter. The site is located in the
mid -level pressure zone. Static pressure is approximately 61 -69 PSI. There is an
' existing fire hydrant located at the southeast corner of South 32nd Avenue and
Tieton Drive, and one located at the southeast comer of Voltaire and Tieton Drive.
Codes and Fire Department shall determine all new fire hydrants or fire sprinkler
' requirements. Looped twelve -inch waterline - 5,000 GPM. If additional plumbing
fixtures are being added as part of the improvements, a complete plumbing fixture
count should be provided to determine the adequacy of the existing water service
and meter size. An approved reduced pressure backflow assembly is required to
'
John and Patricia Tate 11
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32"a Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
' DOC. INDEX
# 166—c
RECEIVED
MAY f 5 2009
CITY OF YAKIRP,
PL A41;110!�!r DV
be installed on the water service prior to any internal plumbing branch. Individual
fixtures should also be protected with appropriate backflow assemblies.
(f) Traffic Engineering: Tieton Drive is classified as a four -lane Minor
Arterial Street carrying an average of 15,400 vehicles daily. South 32 "d Avenue is
a two -lane Minor Arterial Street carrying an average of 4,100 vehicles daily (and
is in the process of a downgrade of its Functional Classification to a Neighborhood
Collector Street). The intersection of South 32nd Avenue and Tieton Drive is
signalized, with left turn protection. Traffic Engineering has no specific traffic
related comments regarding the rezone from R -1 to R -2 for this lot. The proposed
use consists of a "transitional care for up to five medically fragile children with
two staff members." In addition, the project narrative states that the facility may
provide sleeping quarters for families on the second floor of the facility, if
feasible. A minimum of six parking spaces are recommended for this facility
including one ADA accessible space. A single driveway (currently existing) from
Tieton Drive is planned to be utilized for this project.
(g) Yakima Regional Clean Air Agency: If the rezone is approved, a
notification of demolition and renovation will be required. Contractors doing
demolition, excavation, clearing, construction or landscaping work must file a dust
control plan with YRCAA prior to the start of any of the work.
(h) Department of Ecology: Relative to water resources, 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, the place of use, or period of use), then it is
subject to approval from the Department of Ecology pursuant to RCW 90.44.100.
Relative to water quality, for projects greater than one acre with a potential to
discharge offsite, an NPDES construction stormwater general permit from the
Washington State Department of Ecology is required if there is a potential for
stormwater discharge from a construction site with more than one acre of
disturbed ground. This permit requires that the SEPA checklist fully disclose
anticipated activities including building, road construction and utility placements.
Obtaining a permit is a minimum of a 38 -day process and may take up to 60 days
if the original SEPA does not disclose all proposed activities.
John and Patricia Tate
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32 °d Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
12
DOC. INDEX
# k — .�
I RECEIVED
MAY 1 5 2009
CITY OF YAKIMH
PLANNING DIV.
' 4 Compliance with the Provisions and Standards Established in the Zoning
() Com p g
Ordinance which are Minimum Criteria to Assure Compatibility. Prescribed zoning
ordinance provisions and development standards applicable to the proposed transitional
medical care facility for up to five children no older than 18 years of age which are
minimum criteria that must be met to assure land use compatibility and to promote the
public health, safety and welfare include the following:
' (a) Maximum Lot Coverage. Table 5 -1 of Chapter 15.05 of the Yakima
Municipal Code allows 50% maximum lot coverage in the R -2 zoning district.
The proposed use meets this requirement.
' (b) Off -Street Parking: The off -street parking required for the proposed
development is one space for every two beds. The proposed use will have five
' beds and will be required to provide three off -street parking spaces. Providing a
sleeping area for the parents is beyond what is anticipated for the parking
requirements for a standard convalescent, nursing or group home facility and
additional parking is required to accommodate those parents. The proposed six
parking spaces would be adequate to meet this requirement. The off -street parking
and driveway dimension requirements in Chapter 15.06 of the Yakima Municipal
' Code must be met prior to final approval, and a revised site plan is required which
complies with parking requirements as set forth in that chapter.
(c) Sitescreening: Section 15.07.060 does not rewire sitescreening along
minor arterial streets such as Tieton Drive or South 32° Avenue. Sitescreening
Standard "C" is required along the north and west property boundaries where the
neighboring land use is single - family residential. 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
only required when the fence is adjacent to a street, alley or pedestrian way under
Section 15.07.050 of the Yakima Municipal Code.
(d) Signage: Based on Chapter 15.08 of the Yakima Municipal Code, the
proposed development is allowed one project identification sign per street frontage
not larger than 32 square feet in size. Because of the type, size and location of the
use, the sign will be limited to only one project identification sign along Tieton
Drive which is not larger than 32 square feet in size.
John and Patricia Tate 13
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
# �� oZ
RECEIVED
MAY 1 5 2009
CITY OF YAK11%,j
PLANNWG OIV.
XI. Consistency of the Proposed Use with Development Regulations and the
Comprehensive Plan under the Criteria Required by Section 16.06.020B of
the Yakima Municipal Code. Compliance with Section 16.06.020B of the Yakima
Municipal Code is determined by consideration of the following factors:
(1) The types of land uses permitted at the site. The R -2 zoning district is
consistent with the Comprehensive Plan low density residential designation for the
property. The proposed transitional medical care facility for up to five children no older
than 18 years of age is a Class (3) use in the R -2 zoning district that is permitted so long
as the criteria for approval of a Class (3) use are satisfied, as is the case here if the
conditions set forth in this recommendation and decision are satisfied.
(2) The density of residential development or the level of development such
as units per acre or other measures of density. The density of the proposed use will
comply with the maximum lot coverage of 50% in the R -2 zoning district.
(3) The availability and adequacy of infrastructure and public facilities.
Infrastructure and public facilities are available and adequate for the proposed transitional
medical care facility.
(4) The characteristics of the development. The proposed transitional medical
care facility will be consistent with the development regulations and comprehensive plan
considerations as discussed above. No adjustments to the standards of the R -2 zoning
district are requested to accommodate the proposed use.
CONCLUSIONS
Based upon the foregoing findings, the Hearing Examiner concludes as follows:
(1) The Hearing Examiner has jurisdiction under Subsections 15.23.030(C) and
15.23.030(E) of the Yakima Municipal Code to make a recommendation to the Yakima
City Council regarding this rezone application.
(2) The Hearing Examiner has jurisdiction to approve Class (3) uses by Class (3)
John and Patricia Tate 14
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
DOC. INDEX
#
RECEIVED
MAY 1 5 2009
CITY OF YAKWA
PLANNING UV.
review under the circumstances prescribed by the zoning ordinance, which circumstances
warrant approval of this application for a transitional medical care facility for up to five
children no older than 18 years of age contingent upon approval of the rezone and subject
to the conditions set forth below.
(3) The public notice requirements of Chapters 15 and 16 of the Yakima
Municipal Code have been satisfied.
(4) SEPA review resulted in issuance of a revised final Determination of
Nonsignificance on March 20,2009, without an appeal being filed by April 3, 2009.
(5) The proposal was determined to be exempt from review under the
Transportation Capacity Management Ordinance.
(6) The requested rezone, as conditioned by the proposed Development
Agreement, would satisfy the seven rezone criteria in Subsection 15.23.030(E) of the
Yakima Municipal Code and the four consistency criteria in Subsection 16.06.020(B) of
the Yakima Municipal Code which are the applicable criteria to determine whether the
requested rezone should be approved.
(7) The proposed transitional medical care facility for up to five children no older
than 18 years of age can be adequately conditioned by the conditions set forth below so
as to ensure compatibility, compliance and consistency with the objectives and standards
of the Comprehensive Plan and with the intent, the character, the provisions and the
development standards of the zoning district and of the zoning ordinance.
(8) This decision approving the Class (3) use of a transitional medical care
facility, contingent upon approval of R -2 zoning for the subject parcel, may be appealed
to the Yakima City Council within the time and in the manner required by applicable City
ordinance provisions.
RECOMMENDATION AND DECISION
The Hearing Examiner (i) recommends approval by the Yakima City Council of a
conditional rezone of the subject parcel from the Single - Family Residential (R -1) zoning
John and Patricia Tate 15
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ 4001 -09; CL(3) #005 -09; SEPA 4004 -09
DOC. INDEX
#
9ECEIVED
MAY 3 5 2009
PLANNI G DIV-
district to the Two - Family Residential (R -2) zoning district subject to the terms of the
proposed Development Agreement; and (ii) approves the proposed Class (3) use of a
transitional medical care facility for up to five children no older than eighteen years of
age contingent upon the City Council's approval of the requested rezone and subject to
the following conditions:
(1) The subject property shall be rezoned to Two - Family Residential (R -2) and a
transitional medical care facility for up to five children no older than 18 years of age shall
be allowed subject to continued compliance with the terms set forth in the Development
Agreement for the subject parcel.
(2) The required driveway and six off - street parking spaces shall meet the
dimension requirements set forth in Chapter 15.06 of the Yakima Municipal Code.
(3) The development shall appear as a single- family dwelling as proposed.
(4) Any material modification, expansion, alteration or addition to the building or
the approved use shall require additional Class (3) review for consistency and
compatibility with the neighboring land uses, and a discontinuance of the approved use
shall result in automatic reversion of the zoning of the subject parcel back to the Single -
Family Residential (R -1) zoning district in accordance with the terms set forth in the
Development Agreement for the parcel.
(5) Sitescreening Standard "C" shall be installed along the west and the north
property lines that complies with the fencing standard in Subsection 15.05.020(G) of the
Yakima Municipal Code.
(6) Signage shall only be allowed along Tieton Drive and it shall be limited either
to one project identification sign which shall not be larger than 32 square feet in size or to
one nameplate sign on the building which shall not be larger than 2 square feet in size.
DATED this 15th day of May, 2009.
John and Patricia Tate
Rezone from R -1 to R -2 for a
Class (3) Transitional Care Facility
Located at 420 South 32nd Avenue
RZ #001 -09; CL(3) #005 -09; SEPA #004 -09
16
h', %,. C',
Gary M. Cuillier, Hearing Examiner
DOC. INDEX
#
L7
LJ
1
RECEIVED
MAY 1 5 2009
CITY OF YAKIMA
PLANNING DIV.
Development Agreement
This Development Agreement ( "Agreement ") is entered into this day of , 2009, by
and between the City of Yakima, Washington, a municipal corporation organized under the laws of the
state of Washington, 129 N. 2nd Street, Yakima, Washington, 98901 ( "City ") and John Tate and Patricia
Tate, property owners of property located at 420 S. 32nd Avenue, Yakima, Washington, and their
successors and assigns ( "Developer").
1 RECITALS
A. To strengthen the public planning process and provide project development certainty, the
' Washington State legislature enacted RCW 36.7013.170 -.210 (the "Development Agreement Statute "),
which authorizes cities to enter into agreements regarding the development of real property located within
the City's jurisdiction with any person having an. ownership interest or control of such real property.
B. The Developer is the owner of certain real property located at 420 S. 32nd Avenue, Yakima,
Washington, 98902 (Assessor Tax Parcel No. 181322 - 44051) and Legally Described as attached hereto
as "Exhibit A." The property is located at the northwest corner of W. Tieton Drive and S. 32nd Avenue,
two minor arterial streets.
C. The Developer has proposed a rezone of a single parcel of land, approximately 16,000 sq. ft. in
size, from Single - Family Residential to Two - Family Residential. The rezone is consistent with Table III -11
of the Yakima Urban Area Comprehensive Plan 2025 (YUACP) and the future land use designation, Low
Density Residential, as setforth in Map III -2 of the YUACP. The rezone application is accompanied by a
Type (3) review application for a "convalescent, nursing, and group home," which will operate as a
transitional care facility for children from birth to age eighteen. The purpose of the limitations setforth
' herein is to preserve the historic nature of the neighborhood.
D. A revised Site Plan has been provided for the proposed use, which meets the City of Yakima's
Development Standards as set forth in YMC Title 15 for parking, lot coverage, off - street parking, lighting,
landscaping, and sitescreening. A copy of the revised Site Plan is attached as Exhibit B and incorporated
by this reference.
E. City and Developer agree that the rezone and approved land uses shall be limited to the specific
proposal presented in the application and that no material modification, expansion, or alteration of such
use or structure shall be permitted without applicable ordinance procedures governing such matters.
F. City and Developer are entering into this Development Agreement to provide certainty for
' planning and usage of the property and to assure the limitation of permissible uses to those identified and
reviewed by the City Staff, Hearing Examiner, and City Council.
ITate Development Agreement - 420 S. 32nd Avenue f of 4
DOC. INDEX
NOW THEREFORE, in consideration of the mutual promises herein, City and Developer AGREE AS
FOLLOWS:
Section 1. Rezone of Property: The rezone of the property located at 420 S. 32nd Avenue,
Yakima, Washington, shall be expressly conditioned upon the terms and conditions setforth in this
Development Agreement and approved uses shall not be materially modified, expanded, or altered other
than by a subsequent public process applicable to ordinance amendments (rezones) and land use
processes.
Section 2. Site Plan: Any and all uses of the subject property shall be consistent with the Site
Plan. Any material modification or alteration to the Site Plan shall require public review in accordance
with applicable ordinances relating to ordinance amendments (rezones) and use review and approvals.
The use of the property is expressly conditioned upon reconfiguration of the property (including design
access, and signage) in a manner consistent with the referenced Site Plan.
Section 3. Approved and Permitted Uses /Occupation: Developer shall be permitted and
authorized to conduct only the following uses on the subject property:
A. "Convalescent, Nursing, And Group Home.: Developer may operate a transitional care facility
for up to five children no older than eighteen years of age under this category.
B. Single - Family Residential Zone Uses: Along with the use in Subsection "A" above, Developer
may also operate those uses permitted in the Single - Family Residential zoning district.
Section 4. Assignability of Agreement: The approved uses and the Development Agreement are
assignable as a continuing business under the same conditions of approval as originally approved by the
City of Yakima and as otherwise specified herein. This use and /or Development Agreement shall not be
assigned without the City of Yakima's prior written consent.
Section 5. Discontinuance of Use: The uses permitted herein may continue so long as they
remain otherwise lawful. The use in Subsection 3(A) shall be considered discontinued when it is
succeeded by a Class (1), (2), or (3) use; or, discontinued and not reestablished within eighteen months,
unless an extension is granted by the Administrative Official upon proper application.
Section 6. Modification /Amendment: Any material modification, expansion, alteration, or addition
of uses as outlined in this Development Agreement shall require a new public hearing, unless otherwise
determined by City.
Section 7. Reversion of Zoning: When such use is discontinued and not reestablished in accord
with the Yakima Municipal Code and this Agreement the zoning shall automatically revert back to the
Single - Family Residential zoning designation.
Section 8. Notices and Demands: Any notice or demand which either party hereto required or
desires to give to or make upon the other shall be in writing and delivered or mailed by United States
registered or certified mail, return receipt requested, postage paid, addressed as follows:
To City: City of Yakima
To Developer: John and Patricia Tate
c/o City Manager
dba Kinderhafen, LLC
129 N. 2nd Street
11 N. 59th Avenue
Yakima, WA 98901
Yakima, WA 98908
Section 9. Recordation /Binding Effect: Pursuant to RCW 36.70B.190, this Development
Agreement shall be recorded in the real property records of Yakima County, Washington. This
Agreement is binding on City and Developer.
Tate Development Agreement - 420 S. 32nd Avenue 2 of 4
DOC. INDEX
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Section 10. Effective Date: This Development Agreement shall be effective upon final
determinations (1) approving the rezone; (2) approving any associated use applications by the
appropriate legislative or administrative body, and (3) upon all necessary public process as established
by statute and the Yakima Municipal Code, and at such time as said determinations are not subject to any
further or additional appeals.
Section 11. Other Necessary Acts: City and Developer shall execute and deliver to the other all
further instruments and documents that are reasonably necessary to carry out and implement the rezone
and land use approvals, and that are otherwise reasonable or necessary to provide the full and complete
enjoyment of rights and privileges under this Agreement.
Section 12. Covenant Running with the Land: All of the provisions contained in this Agreement
shall be enforceable as equitable servitudes and shall constitute covenants running with the land
pursuant to Washington law. Each covenant herein to act or refrain from acting is for the benefit of or
burden upon the subject property as appropriate, runs with the property, and is binding upon each
successive owner or occupant of the subject property.
Section 13. Covenant of Good Faith and Fair Dealing: City and Developer shall use their best
efforts and take and employ all necessary actions to ensure that the rights secured through this
Agreement can be enjoyed, and neither party shall take any action that will deprive the other of enjoyment
of the rights secured through this Agreement.
Section 14. Severability: If any part of this Agreement is amended by mutual agreement of the
parties or any part is held to be illegal, invalid, or otherwise unenforceable, the remainder of this
Agreement shall remain in full force and effect.
Section 15. Venue and Applicable Law: City and Developer agree that venue of any action shall
hereon be laid in Yakima County, Washington and that this Agreement shall be construed according to
the laws of the State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first
written above.
ITate Development Agreement - 420 S. 32nd Avenue
3 of 4
CITY OF YAKIMA, A WASHINGTON MUNICIPAL
CORPORATION
Bv:
R.A. Zais, Jr., City Manager
DEVELOPER
John Tate
Patricia Tate
DOC. INDEX
# /56— /
Property Address 420 SO 32ND AVH
YAly �'A, WA 985902
LXHIBIT "A"
LLGAL DESCRIPTION
PPNh ifi7322- �4G57
That portion of the Southeast Y, oz the Southeast '/< o. the Sout;-:east 4 of Section 2�,
Township 13 North, Range 18, E 'Jl /.1�., hereafter called "said subdivision ", described as
follows:
Beginning on the East line of said subdivision 525 feet South of the Northeast corner of sai
subdivision;
thence Norte 89 050' West 20 feet to the West line of Grandv:ew Avenue and the true poi-,, of
beginning;
thence North 89`50' \/'Jest 223 5 feet, more or less, .o a poin, 90 feet Eas, of the North and
South center line of said subdivis on
the; ice South along the line 90 feet East of and payaliei to the said center line 98.5 feet to
the North line of Tieton Drive;
thence East 223.5 fee: to the VVest line of Grandview Avenue;
thence North along the West line of said Avenue 98 feet to the true point of beginr ng,
EXCEPT the West 42 feet,
EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25,
1964, under Auditor's File No. 2000604,
AND EXCEPT that portion conveyed to the City of Yak-tma for street by deed recordea
December 2, 199 1, under Auditor's File No. 2943047
Tate Development Agreement - 420 S. 32nd Avenue 4 of 4
DOC. INDEX
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JOHN AND PATRICIA TATE
RZ #001 -09, CL3 #005 -09, SEPA #004 -09
EXHIBIT LIST
CHAPTER A
Staff Report
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Staff Report
04/09/2009
City of Yakima, Washington
' Department of Community & Economic Development
Planning Division — Staff Report
Public Hearing
April 9, 2009
Consideration Of An Application To Rezone A Parcel Of ) RZ #001 -09
Land From Single - Family Residential To Two - Family ) CL(3) #005 -09
' Residential And A Type (3) Review To Establish A ) Staff Contact:
"Convalescent, Nursing, And Group Home" Land Use ) Kevin Futrell
' Summary Of Recommendation: Staff recommends approval of the proposed rezone from
Single - Family Residential to Two - Family Residential. Staff also recommends approval to
establish a "convalescent, nursing, and group home" land use in the Two - Family Residential
' zoning district subject to conditions.
From review of the site, matters contained in the application, and both the Yakima Urban Area
' Comprehensive Plan and Yakima Urban Area Zoning Ordinance, staff makes the following:
FINDINGS
Applicant/Owner: John and Patricia Tate, I 1 N. 59th Avenue, Yakima, WA
Property Location: 420 S. 32nd Ave., Yakima, WA
Parcel Number: 181322-44051
Current Zoning: Single - Family Residential (R -1)
' Proposed Zoning: Two - Family Residential (R -2)
Background: On February 10, 2009, the City of Yakima, Planning Division, received an
' application to rezone property located at 420 S. 32nd Avenue from R -1 to R -2. The applicant is
also requesting approval to operate a `'convalescent, nursing, and group home" facility there.
' HEARING EXAMINER JURISDICTION
Pursuant to YMC §, 1.43.080(A), the Hearing Examiner is authorized to hear, make a record of,
and decide matters proscribed by the Yakima Urban Area Zoning Ordinance (Title 15). Rezones
' and Type (3) Reviews are matters contained within Title 15 of the Yakima Municipal Code.
YAKIMA URBAN AREA COMPREHENSIVE PLAN
' The Yakima Urban Area Comprehensive Plan 2025 (YUACP), Future Land Use Map, designates
this area as Low Density Residential. (YUACP, Map III -3) Low Density Residential consists
primarily of freestanding single - family residences. Residential density is less than 7.0 dwelling
' units per acre. This is considered the lowest possible residential density that can efficiently
support public services.
' Anyone wishing to rezone property must show consistency under Table III -11, Future Land Use
and Current Zoning Comparison. Because actual zoning is based on factors in addition to the
Land Use Map (e.g. land use compatibility, location, availability and capacity for public services
' and facilities, market demand, environmental features, etc.), consistency with Table III -13 will
DOC.
INDEX
I A -1
not guarantee rezone approval. However, inconsistency of a request with Table III -13 will
preclude approval. Under that table, a Comprehensive Plan Amendment is not needed. The
proposed zoning district, Two - Family Residential, is consistent with the existing future land use
designation, Low Density Residential.
The following are policies that support the proposed rezone or land use:
Policy 3.14.1: New institutions should be placed where they are compatible with surrounding
land uses, and the development of existing institutions should developed to be
compatible with adjoining land uses.
Policy 3.14.2: Access to institutions shall be from a principal arterial and should not increase
traffic on local residential streets.
Policy 3.14.3: An impact analysis of how improvement to institutions will affect traffic, parking
and other qualities in surrounding areas impact assessment may be required.
Policy 3.14.5: Institutions can be sited in zoning districts that are shown in Table III -13: Future
Land Use and Zoning Correlation and shall meet the Class review requirements
according to Table 4 -1 of the Yakima Urban Area Zoning Ordinance.
Policy 3.16.2: Essential public facilities shall be located in areas where they are best able to
serve the individuals they are intended to serve.
ZONING AND LAND USE
The subject property is currently zoned Single- Family Residential (R -1) and is being used for a
single- family dwelling. Upon approval, the structure will only be used for the requested land use
and not for residential purposes. Adjoining properties have the following characteristics:
Location Zoning Land Use
North R -1 Single - Family Dwelling
South R -1 Single - Family Dwelling
West R -1 Single - Family Dwelling
East B -1 (limited) Coffee Stand /Business Admin. Office /Massage Therapy
YAKIMA URBAN AREA ZONING ORDINANCE
The main purposes of the Yakima Urban Area Zoning Ordinance are to implement the Yakima
Urban Area Comprehensive Plan and promote the general health, safety, and welfare of present
and future inhabitants of the Yakima Urban Area. (YMC 5 15.01.030) Various site
design /development standards are required to establish a use. These are contained in Yakima
Municipal Code Ch. 15.04, 15.05, 15.06, 15.07, and 15.08, which include:
Lot Coverage: the lot coverage allowed in the R -2 zone is 50 %. (YMC Ch. 15.05, Table 5 -1)
The proposed use meets this requirement.
Parking: the off - street parking required for the proposed development is one space for every
two beds. The proposed use will have five beds and will be required to provide three off -
street parking spaces. Providing a sleeping area for the parents is beyond what is anticipated
for the parking requirements for a standard "convalescent, nursing, and group home" facility
and additional parking is required to accommodate those parents. The proposed six parking
spaces would be adequate to meet this requirement. The off - street parking and driveway
dimension requirements in YMC Ch. 15.06 must be met prior to final approval. A revised
site plan is required which meets parking requirements as setforth in YMC Ch. 15.06.
DOC.
INDEX
Tate - 420S. 32nd Ave. - RZ #00/ -09, CL(3) #005 -09, & EC #004 -09 Page 2
' Sitescreenin : Sitescreenin is not required along Tieton Drive or S. 32nd Avenue minor
g g q g (
arterial streets). (YMC § 15.07.060) Sitescreening Standard "C" is required along the north
and west property boundaries where the neighboring land use is single- family residential.
STANDARD C —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.
' (YMC § 15.07.050)
Signage: Based on YMC Ch. 15.08, the proposed development is allowed one project
identification sign per street frontage not larger than 32 sq. ft. in size. Because of the type of
' use, the size, and the location, staff recommends that the sign be limited to only one project
identification sign along Tieton Drive, not larger than 32 sq. ft.
Class (3) Permitted Land Use Compatibility: The Yakima Urban Area Zoning Ordinance
indicates in Table 4 -1 that "convalescent, nursing home, and group home" are a Class (3) land
use in the Two - Family Residential zoning district and are not permitted in the Single - Family
Residential zoning district. (YMC Ch. 15.04) Class (3) uses are those uses set forth and defined
in the text and tables of YMC Ch. 15.04 and are considered generally incompatible with adjacent
and abutting property because of their size, emissions, traffic generation, neighborhood
' character, or for other reasons. However, they may be compatible with other uses in the district if
they are properly sited and designed. Class (3) uses may be permitted by the Hearing Examiner
when he determines, after holding a public hearing, that the use complies with provisions and
standards; and, that difficulties related to the compatibility, the provisions of public services, and
the Yakima Urban Area Comprehensive Plan policies have been adequately resolved.
Rezone Criteria (YMC § 15.23.030)
Yakima Municipal Code Section 15.23.030 specifies seven criteria that govern rezone approvals:
1. Testimony at Public Hearing: To be considered by the Hearing Examiner. No public
comments were received in relation to the proposed rezone.
2. Suitability of Property for Proposed Use: The proposed use is a Class (3) land use. The
proposed use is consistent with other medical related services in the area. The property is
also located along two minor arterial streets, which would be the main travel routes. The
building for the proposed use will appear as a single- family dwelling, which is the major use
in the area. No new buildings or additions are proposed at this time.
3. Recommendations from Interested Agencies: Other than the City of Yakima, no agencies
have submitted any recommendations or comments concerning this rezone beyond standard
comments related to the rezone's environmental review.
4. Compliance with the Comprehensive Plan: The Yakima Urban Area Comprehensive Plan
designates the subject property as Low Density Residential. See also Section (7) below.
5. Adequacy of Public Utilities: Adequate public utilities are available to serve the parcel.
6. Compatibility of Proposed Use: the proposed use requires approval through a Type (3)
review process, which was submitted along with the rezone request.
7. Public Need: There is a public need for Two - Family Residentially zoned property. Except
for the 173+ acres of undeveloped Congdon property, the City has very few undeveloped
Two - Family Residential properties. A large majority of the R -2 properties are currently in
single and two - family residential developments or used for a cemetery or
DOC.
Tate - 420S. 32nd Ave. - RZ #001 -09, CL(3) 005 -09, & EC #004 -09 INDEX Page 3
# A -1
mobile /manufactured home park. This rezone alone will not fill the R -2 need. The Yakima
Urban Area Comprehensive Plan 2025 (YUACP) states that the Urban Growth Area will
need a total of 1,650 to 2,660 acres of vacant land designated for medium and high- density
residential uses to accommodate future growth. (YUACP, p.V -7) Although the
Comprehensive Plan calls for vacant land, redevelopable land should also be included as part
of that overall total land quantity. Even though the proposed use is not residential, the use is
designated and anticipated as a use allowed following the required level of review.
Upon approval of the requested rezone, the property will be zoned consistent with the Future
Land Use Designation. (YUACP, Table I11 -11, p.II1 -18)
PROJECT CONSISTENCY
During project review, it has been determined that this request is consistent with applicable
development regulations under YMC 16.06.020(A) for making a Detennination of Consistency.
Those project considerations are as follows:
1. Type of land use: Existing Single- Family Residence; proposed "convalescent, nursing, and
group home" facility
2. Level of development such as units per acre or other measures of density: N/A
3. Infrastructure, including public facilities and services needed to serve the development:
Public services and facilities are available to serve the site.
4. The characteristics of the development, such as development standards: The proposed
development meets the development standards established in YMC Title 15. No adjustments
to the standards of the R -2 zone are requested to accommodate the proposed use. Staff
recommends additional parking beyond the minimum based on expected family needs.
DEVELOPMENT SERVICES TEAM
A Development Services Team meeting was conducted on February 25, 2009, to discuss the
technical aspects of this request. The following comments were received from public agencies
and private companies with an interest in the proposed development.
Codes: City Code Administration staff went through the structure with the property owner and
asked that he renovate the bathroom on the main floor for handicap accessibility. There is a room
on the first floor that could easily accommodate disabled parents. The ramp will need to be
constructed for the ease of getting patients, medical beds, and equipment inside the structure.
This will also serve for accessibility for a disabled person. The applicant is installing a fire alarm
system. Plan review, permits, and inspections are required prior to occupancy per 1RC § 105.
Engineering: No comments
Stormwater: The proposed additions at this residential property are below 5,000 square feet and
it is not a high use site. There are no drainage requirements.
Wastewater: Wastewater has no wastewater related comments regarding this proposal.
Water:
1. There is an existing looped twelve -inch waterline in S. 32nd Ave. There are existing looped
six -inch and eight -inch waterlines in Tieton Dr. The site has a 3/4" water service and meter.
The site is located in the mid -level pressure zone. Static pressure is approximately 61 -69 PSI.
2. There's an existing fire hydrant located at the southeast corner of S. 32nd Ave. and Tieton
Dr., and one located at the southeast corner of Voltaire and Tieton Dr.
DOC.
INDEX
Tate - 420S. 32nd Aire. - RZ #001 -09, CL(3) 4005 -09, & EC #004 -09 A � Page 4
-
' 3. Codes and Fire Dept shall determine all new fire hydrants or fire sprinkler requirements.
' 4. Looped twelve -inch waterline - 5,000 GPM
5. If additional plumbing fixtures are being added as part the improvements, a complete
plumbing fixture count should be provided to detennine the adequacy of the existing water
' service and meter size. An approved reduced pressure backflow assembly is required to be
installed on the water service prior to any internal plumbing branch. Individual fixtures
should also be protected with appropriate backflow assemblies.
' Traffic Engineering: Tieton Drive is classified as a four -lane Minor Arterial Street carrying an
average of 15,400 vehicles daily. South 32nd Avenue is a two -lane Minor Arterial Street
carrying an average of 4,100 vehicles daily (and is in the process of a downgrade of the
tFunctional Classification to a Neighborhood Collector Street). The intersection of S. 32nd
Avenue and Tieton Drive is signalized, with left turn protection. Traffic Engineering has no
' specific traffic related comments regarding the rezone from R -1 to R -2 for this lot.
The proposed use consists of a "transitional care for up to five medically fragile children with
two staff members." In addition, the project narrative states that the facility may provide sleeping
' quarters for families on the second floor of the facility, if feasible. A minimum of six parking
spaces are recommended for this facility including one ADA accessible space. A single driveway
(currently existing) from Tieton Drive is planned to be utilized for this project.
Yakima Regional Clean Air Authority:
1. If the rezone is approved, a notification of demolition and renovation will be required; and,
' 2. Contractors doing demolition, excavation, clearing, construction, or landscaping work must
file a dust control plat with YRCAA, prior to the start of any of the work.
' Ecology:
1. Water Resources: 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, the place of use, or period of use), then it is subject to
approval from the Department of Ecology pursuant to RCW 90.44.100.
2. Water Quality: For projects greater than one acre with a potential to discharge offsite, an
NPDES construction storinwater general permit from the Washington State Department of
Ecology is require if there is a potential for stormwater discharge from a construction site
with more than one acre of disturbed ground. This permit requires that the SEPA checklist
fully disclose anticipated activities including building, road construction and utility
placements. Obtaining a permit is a minimum of a 38 -day process and may take up to 60
days if the original SEPA does not disclose all proposed activities.
ENVIRONMENTAL REVIEW, - STATE ENVIRONMENTAL POLICY ACT
The proposed project was not an exempt action under WAC Ch. 197 -11 or YMC Ch. 6.88 for
' environmental review. A Determination of Nonsignificance (DNS) was issued on March 20,
2009. The appeal period ended April 3, 2009; no appeals followed.
' TRANSPORTATION CAPACITY MANAGEMENT ORDINANCE
This proposal is an exempt activity under the Transportation Capacity Management Ordinance.
Any redevelopment of the site may require a traffic concurrency review.
' DOC.
INDEX
Tate - 420 S. 32nd Ave. - RZ #001 -09, CL(3) #005 -09, & EC #004 -09 # Page 5
PUBLIC NOTICE
Notice for the Hearing was provided in the following manner:
Notice of Application for Environmental Review & Public Hearing February 25, 2009
Legal ad published & posting of property February 25, 2009
Mailing of SEPA DNS & Legal ad published — SEPA DNS March 20, 2009
CONCLUSIONS
From the foregoing findings, staff makes the following conclusions:
1. The Hearing Examiner has jurisdiction to issue a recommendation to the City Council on
matters prescribed in the Yakima Urban Area Zoning Ordinance. (YMC 5 1.43.080(A))
2. A State Environmental Policy review was required under WAC Ch. 197 -11 and a
Determination of Nonsignificance was issued on March 20, 2009. No appeals followed.
3. The proposed rezone is consistent with the future land use map's designation, Low Density
Residential.
4. The proposed rezone meets the seven rezone criteria specified in YMC S 15.23.030.
5. The proposed "convalescent, nursing, and group home" is a Class (3) use in the Two- Family
Residential zoning district, which requires a Type (3) review. if the property is not rezoned,
the proposed use is not permitable.
6. Following the notice of application, no comments were received opposing the proposed land
use or rezone. No significant adverse impacts were identified that could not be mitigated.
RECOMMENDATION
Based upon the findings and conclusions presented above, staff recommends approval of the
proposed rezone from Single - Family Residential (R -1) to Two - Family Residential (R -2). Staff
also recommends approval of the proposed "convalescent, nursing. and group home" subject to
the following conditions:
1. The subject property shall be rezoned to Two - Family Residential.
2. The required driveway and six off - street parking spaces shall meet the dimension
requirements setforth in YMC Ch. 15.06.
3. The development shall appear as a single - family dwelling as proposed.
4. If the building is modified /replaced or if the business is expanded, an additional Type (3)
review shall be required in order to review the change /expansion for consistency and
compatibility with the neighboring land uses.
5. Sitescreenino Standard "C" shall be installed along the west and north property lines while
meeting the fencing standard in YMC § 15.05.020(G).
6. Any signs shall be limited to only one project identification sign along Tieton Drive, not
larger than 32 sq. ft. in size or a nameplate sign on the building not larger than 2 sq. ft.
DOC.
INDEX
Tate - 420S. 32nd Ave. - RZ #001 -09, CL(3) #005 -09, & EC #004 -09 # Page 6
JOHN AND PATRICIA TATE
RZ #001 -09, CL3 #005 -09, SEPA #004 =09
EXHIBIT LIST
CHAPTER B
Site Plan
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Site Plan Checklist
02/10/2009
B -2
Site Plan
02/20/2009
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SITE PLAN CHECIIS._�
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ase complete this checklist and include with your final site plan. The site plan must contain all pertinent informa-
tion. Items not applicable to the proposed project shall be so noted. If you have any questions please call or come in
Mrson to the Planning Division 129 N. Second_ Street, 2nd Floor,or phone (509) 575 -6183.
Feck all boxes as: g' Included $ Not Applicable
1) The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required information, but
�� not less than 8 -1 /2" x 11" for Class (1) projects or 11" x 17" for Class (2) projects.
EO 2) All site plans shall be drawn to standard engineering scale. The scale shall best fit the paper. The scale used
shall be indicated on the plan. (Suggested scale provided on site plan template).
33) Site address and parcel number.
4 Zoning district of subject site and adjoining properties.
. Property boundaries and dimensions. RECEIVE
6) Names and dimensions of all existing streets bounding or touching the site.
7) Dimensions, location and use of proposed and existing construction. FEB .d a 2009
8) Structure Setbacks. CITY OF YAKII4�
1,[El"9) North Arrow. PLANNING JIV-
V10) Lot coverage with calculations shown on the plan.
N 11) Location and size of any easements.
U-12) Location and type of existing and proposed landscaping including landscaping located within the public
right -of -way.
Location and size of existing and proposed side sewer and water service lines.
4) Adjacent land uses.
5) Location and size of all parking spaces with the parking calculations shown on the map.
16) Location and dimensions of proposed or existing driveway approaches.
l7) Vision clearance triangles at street intersections and where driveways and curb cuts intersect with streets.
� 8) Location and size of new or existing loading spaces and docks.
,19) Location and size of proposed or existing signs.
20) Location, type and description of required site screening.
•21) Location and size of required site drainage facilities including on -site retention
"22) Location and size of existing or proposed public sidewalks, that are within 200 feet and on the same side of
the street.
P) Proposed improvements located within the public right -of -way.
24) Name, address, phone number'and signature of the owner or person responsible for the proposed project.
) Calculation of land use density.
Note: The Planning Division or reviewing official may require the site plan to include any o rma tion to
clarify the proposal, assess its impacts, or determine compliance with tie Yakima Municipald other laws
and regulations.
Revised 9 -98 # " I I
CITY OF YAKIMA
INSTRUCTION PACKET FOR:
SITE PLAN
THIS INSTRUCTION PACKET INCLUDES THE FOLLOWING INFORMATION:
RECEIVED
❑ 1. SITE PLAN CHECKLIST
r EB ® 2009
❑ 2. SITE PLAN TEMPLATE CITY OF YAKIMo,,
PLANNING DIV.
❑ 3. EXAMPLE SITE PLAN
DETAILED SITE PLAN REQUIRED:
On August 8, 1996, the City Council passed a resolution (No. R- 96 -91) adopting a requirement that all site plans
submitted in conjunction with any building permit application, land use application, and environmental application
shall contain certain information and be approved by the appropriate Division Manager. The required information
for the site plan is on a checklist and is enclosed in this information packet. Make sure that all information that is
applicable to your proposal is checked off and clearly displayed on the site plan. It is in the best interest of the
applicant to provide a carefully drawn and scaled site plan with all required information. The decision on whether
or not to grant approval of your development proposal is largely based on the information you provide. An applica-
tion cannot be processed until an adequate site plan is submitted.
DRAFTING A SITE PLAN:
1) USE INK Use blue or black permanent ink. It may be helpful to draft the site plan in pencil then trace over in
ink. Ink is necessary for adequate duplication.
2) USE A STRAIGHT EDGE All lines must be straight and done with the aid of a ruler or other straight edge.
Circular drawings, such as cul -de -sacs, can be added with the use of a compass. Computer drafted site plans are
acceptable.
4) DRAW TO SCALE All site plans shall be drawn to scale. The site plan template has a suggested map scale of 1
inch on the map equaling 20 feet on the ground. Distances on the map must be as representative of reality as
possible. For example, when the distance from a building to the rear property line is 20 feet this distance will be
on inch on the map.
5) USE SITE PLAN CHECKLIST Use the site plan checklist and provide all applicable information on the site
plan.
6) FILL IN PROVIDED INFORMATION ON SITE PLAN TEMPLATE To aid in completing the information
mandated by the site plan checklist, the site plan template has blanks that need to be fi lled in*. If you use a differ
ent medium than the template, provide this information on -He ihernative paper.
Note: You may benefit from the aid of a professional in the preparation of a site plan. DOC.
INDEX
Created 9.-98
JOHN AND PATRICIA TATE
RZ#001-09, CL3#005-09, SEPA#004-09
EXHIBIT LIST
CHAPTER C
Maps
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Maps: Vicinity, Mailing, Aerial, and Zoning
02/11/2009
C-2
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FILE NO: RZ#001 -09, CL3#005-09, SEPA#004 -09
APPLICANT: John and Patricia Tate , Subject Proper t
REQUEST: Rezone from R-4 to R-2 and establish INDEX Yakima City Limits
a transitional care facility. V scale- iin =4"
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FILE NO: RZ#001 -09, CL3#005 -09, SEPA#004 -09
APPLICANT: John and Patricia Tate
REQUEST: Rezone from R-4 to R-2 and establish Subject Site
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LOCATION: 420 South 32nd Avenyue INDEX
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FILE NO: RZ#001 -09, CL3#005 -09, SEPA#004 -09
APPLICANT: John and Patricia Tate
REQUEST: Rezone from R-4 to R-2 and establish Subject Site
N
a transitional care facility. p�• �%A t�
LOCATION: 420 South 32nd Avenyue INDEX
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FILE NO: RZ#001 -09, CL3#005 -09, SEPA#004 -09 '
APPLICANT: John and Patricia Tate N subject Property
DOCi.
REQUEST: Rezone from R-1 to R-2 and establish INDEX Yakima City Limits
ff ,
a transitional care facility.
LOCATION: 420 South 32nd Avenyue tate02111109
' RZ!#001 -09, CL3##005 -09, SEPA#004 -f
John and Patricia Tate
Rezone from R -1 to R -2 and establish
a transitional care facility.
420 South 32nd Avenyue
Subject Property
' — City Limits
1
1
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CURRENTZO&
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0 R -I Single - Family Residential
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_ — --
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611
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FILE NO: RZp001 -06, CLS#005 -09, 6EPAp004 -0a
APPLICANT: John and Patricia Tate
Digital
Orthophoto
Mosaic of Digital
Orthophotography
flown 08/01/2002
A -
CITY OF YAKIMA
DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPEMENT
129 North Second Street
Yakima, Washington 98901
Phone: (509)575-6113
Fax: (509)575 -6105
All maps shown at 1" = 200ft
One page Atlas: tate
Created: February 11, 2009
FUTURE LAND USE
Low Density Residential
Medium Density Residential
■
High Density Residential
Professional Office
.
Neighborhood Commercial
■
Large Convenience Center
Arterial Commercial
■
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Industrial
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l!�'
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0
FILE NO: RZp001 -06, CLS#005 -09, 6EPAp004 -0a
APPLICANT: John and Patricia Tate
Digital
Orthophoto
Mosaic of Digital
Orthophotography
flown 08/01/2002
A -
CITY OF YAKIMA
DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPEMENT
129 North Second Street
Yakima, Washington 98901
Phone: (509)575-6113
Fax: (509)575 -6105
All maps shown at 1" = 200ft
One page Atlas: tate
Created: February 11, 2009
JOHN AND PATRICIA TATE
j
RZ#001-09, CL3#005-09, SEPA#004-09
- EXHIBIT LIST
CHAPTER D
I DST Review
'C"
'�ps-g
D-1,
DST Request for Comments and Distribution List
02/23/2009
D-2
Comments from Sandy Cox, Plans Examiner 11
02/24/2009
D-3
Comments from Carolyn Belles, Code Administration
02/27/2009
D-4
Comments from Yakima Air Terminal
03/06/2009
D-5
Comments from Randy Meloy, Engineering Division
03/09/2009
D-6
Comments from Shelley Willson, Utility Engineer
03/09/2009
D-7
Comments from Mike Shane, Water/Irrigation Engineer
03/10/2009
D-8
Comments from Mike Antijunti, Development Engineer
03/10/2009
D-9
Comments from Hasa'n Tahat, Yakima Regional Clean Air
Agency
03/10/1009
D-10
Comments from Masan Tahat, Yakima Regional Clean Air
Agency
03/12/2009
D-11
Comments from Pete Hobbs, Utility Services Manager
03/25/2009
D-12
Comments from Joan Davenport, Planning Manager
04/02/2009
D-131
Comments from Gwen Clear, Department of Ecology
03/16/2009
D-14
Comments from Yakima Air Terminal
03/26/2009
,.•... , „ri ,.+v--- 1GI%111anjl ICI IIIt1101
1
LJ
DEPARTMENT OF CCMMUNM AND ECONOMIC DEVELOPMENT
Planning Division
129 North Second Suet, 2nd Floor Yahb=, Washington 98901 YAMNA AM T10XINAL
(509) 575-6183 a Fax (509) S75 -6105 o www.ci yak4nms. _� e�.
. ry E s,: 240 W1 ASWG R ON AVTT..
YAlm, WA 98903
A R
NOTVCIE OF 11 IET ERM]CNA' tON
Washd agtoun Stag Environmental FoRicy Act (SEPA)
March 20, 2009
On February 25, 2009, the City of Yakima, Washington iqcued a Notice of Application and
Environmental Review regarding an application submitted byJoltd' 'T, '.10 rezone a
pareel of land from- Single- Family Residential (R-1) to TVvo- Family residential (R -2). the
rezone will be in compliance with the Yakima Urban Area Comprehensive Plan's Future Land
Use Designation. The subject property is located at 420 S. 32nd Avenue, Yakima, WA.
Parcel Numbers: 181322 -44051
City JFHe Number: EC #44-09
Following the required 20 -day comment period, and consideration of all comments received, the
City of Yakima has issued the enclosed SEPA Threshold Determination and issuance of a
Determination of Nonsignificance (INNS). The SEPA Determination may be appealed within 14
days from the date of this mailing. The appeal period ends at 5:00 PM on April 3, 2009 Appeals
must be in writing and on forms available from the City of Yakima Planning Division, 129 N.
2nd St, Yakima, Washington, accompanied by a $505.00 appeal fee.
For further information, please contact Kevin Futrell, Assistant Planner at (509) 575 -6164.
' J a'*- Davenport
Planning Manager
1
L�
Notice of Decision Mailing Date: March 20, 2009!
Enclosures: SEPA Determination of Nonsignifieance, vicinity dt Mailing Maps, and Site Plan
i d ( fA•
0-N
Yakima
1794
STATE
4 _Z
yn Z
V�
�yd lase ro
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
15 W Yakima Ave, Ste 200 m Yakima, WA 98902 -3452 a (509) 575 -2490
March 13, 2009
Joan Davenport
City of Yakima
Dept. of Community Development
129 North 2nd Street
Yakima, WA 98901
Dear Ms. Davenport:
RECEIVED
MAR 1 G 2009
CITY OF YAKIW,
PLANNING DIV.
Thank you for the opportunity to comment during the optional determination of
nonsignificance process for the rezone and placement of a convalescent/nursing /group
home facility. The project is proposed by John and Patricia Tate [RZ 1- 09 /CL3 5-
09/EC4-09]. We have reviewed the documents and have the following comments.
Water Resources
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, 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
90.44. 100 RCW.
Information for the applicant:
If you plan to use water for dust suppression at your site, be sure that you have a legal
right. A water right permit is required for all surface water diversions and for any water
from a well that will exceed 5,000 gallons per day. (Chapter 90.03 RCW Surface Water
Code and Chapter 90.44 RCW Regulation of Public Ground Waters) If in doubt, check
with the Department of Ecology, Water Resources Program. Temporary permits may be
obtainable in a short time - period. The concern of Water Resources is for existing water
rights. In some instances water may need to be obtained from a different area and hauled
DOC.
INDEX
ig 0 -13
a
i
i
t
1
1,
Ms. Davenport RECEIVED
March 13, 2009
Page 2 of 2 MAR 2009
CITY OF YAKiivii,
PLANNING DIV.
in or from an existing water right holder.
If you have any questions concerning the Water Resources comments, please contact
Breean Zimmerman at (509) 454 -7647.
Water Quality
Project Greater -Than 1 Acre with Potential to Discharge Off -Site
An NPDES Construction Stormwater General Permit from the Washington State
Department of Ecology is required if there is a potential for stormwater discharge from a
construction site with more than one acre of disturbed ground. This permit requires that
the SEPA checklist fully disclose anticipated activities including building, road
construction and utility placements. Obtaining a permit is a minimum of a 38 day
process and may take up to 60 days if the original SEPA does not disclose all proposed
activities.
The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment
Control Plan) is prepared and implemented for all permitted construction sites. These
control measures must be able to prevent soil from being carried into surface water (this
includes storm drains) by stormwater runoff. Permit coverage and erosion control
measures must be in place prior to any clearing, grading or construction.
More information on the stormwater program may be found on Ecology's stormwater
website at: ht!12://www.ecy.wa.gov/progrwns/wq/stormwater/construction/. Please
submit an application or contact Lynda Jamison at the Dept. of Ecology, (509) 575 -2434,
with questions about this permit.
Sincerely,
Gwen Clear
Environmental Review Coordinator
Central Regional Office
(509) 575 -2012
1 205
{si r.r
Page 1 of 1
Futrell, Kevin
From: Davenport, Joan
Sent: Thursday, April 02, 2009 10:55 AM
To: Futrell, Kevin
Subject: DST Comments for Tate Rezone & Class 2
Kevin-
Tieton Drive is classified as a 4 -lane Minor Arterial Street that carries an average of 15,400 vehicles daily. 32nd
Avenue is a 2 -lane Minor Arterial street that carries an average of 4,100 vehicles daily (and is in the process of a
downgrade of the Functional Classification to a Neighborhood Collector Street). The intersection of 32nd Avenue
and Tieton Drive is signalized, with left turn protection.
I have no specific comments regarding expected traffic comments related to a rezone from R -1 to R -2 for this lot.
The proposed use consists of a "transitional care for up to 5 medically fragile children with two staff members ". In
addition, the project narrative states that the facility may provide sleeping quarters for families on the second floor
of the facility, if feasible.
A minimum of 6 parking spaces are recommended for this facility including one ADA accessible space. A single
driveway (currently existing) from Tieton Drive is planned to be utilized for this project.
Joan Davenport, Planning Division Manager
Department of Community and Economic Development
Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
(509) 576 -6417
Idavenpo(a�ci.yakima.wa.us
® ®C.
INDEX
4/2/2009
r
1 us' 1 V1 L
Thursday April 2, 2009 08:36
I
1' 7
http: / /citymmsap:77 8/ forms/ PermitAttachnients /html_out/Remarks.html
DOC.
INDEX
4/2/2009
GENERAL
03/25/2009
PHOBBS
03/25/2009
Comments
18132244051
RZ #001 -09
I
1' 7
http: / /citymmsap:77 8/ forms/ PermitAttachnients /html_out/Remarks.html
DOC.
INDEX
4/2/2009
YA };IMA REGJ01VAL
Cl EAN
SIR
R,AliEilfCY
!'i1ouc 0�09i 834 -2050 fax: 000) ,S34- ?Of';r!
1'i' % !) ite : 1`l11th Ile'h•f lwl- {', f7
MAR 12 2009
March 3, 2009 CITY OF YAKIMA-
PLANNIM DIV.
Mr. Kevin Futrell, Assistant Planner
City of Yakima, Department of Community & Economic Development
128 North 2nd Street, 4th Floor Courthouse
Yakima, WA 98901
RE: EC n6 -199 — John 1. Haas
Dear Mr. Futrell:
Thank you for providing the Yakima Regional Clean Air Agency ( YRCAA) the opportunity to review
and comment on EC #6 -09 – Proposal to construct three hops related agricultural buildings in the M -1
zoning district totaling 20,421 sq. ft. to be located at 1710 River Rd., Yakima, WA.
Following review YRCAA has the following comment(s):
1. Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a
Dust Control Plan with YRCAA, prior to the start of any of the work; and
2. A New Source Review (NSR) may be required for the ISO expansion. The proponent must
contact YRCAA for further information.
Thank you for the opportunity to connect with the city's continued support-in- protecting the air quality
in Yakima County.
Best reg
Hasan M. Tahat, h.D.
Engineering and Planning Division Supervisor
Cc: File
DCC.
INDEX
LL I.0
L
I
1
1
17
YAKIMA REG1QNAL
J AM
" ',x _ AGENCY
iVebsite: hup. /ity),n v.t,UktllltrCle(f/111i.!'.Dl;
I RECEIVED
March 9 2009
' Ms. Joan Davenport, Acting Planning Manager MAR .c 0 2009
Planning Manager CITY OF YAKIIViA
City of Yakima PLANNING DIV.
129 North Second Street, 2nd Floor
Yakima, WA 98901
tRE: RZ #1 -09, CL(3) #5 -09 & EC #4 -09 — John & Patricia 'Tate
Dear Ms. Davenport:
Thank you for providing the Yakima Regional Clean Air Agency ( YRCAA) the opportunity to review
and comment on RZ #1 -09, CL(3) #5 -09 & EC #4 -09 – Proposal to change the zoning from Single -
Family Residential to Two - Family Residential for property located at 420 S. 32 "d Ave.
Following review YRCAA has the following comment(s):
1. If the rezoning is approved a Notification of Demolition and Renovation (NODR) will be
required; and
2. Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a
Dust Control Plan with YRCAA, prior to the start of any of the work.
Thank you for the opportunity to connect with the city's continued support-in- protecting the air quality
in Yakima County.
' Be regards
tHasan M. at, h.D.
Engineering and Planning Division Supervisor
' Cc: File
DOC
INDEX
City of Yakima Engineering
Memorandum
Date: March 10, 2009
To: Kevin Futrell
Assistant Planner
From: Mike Antijunti
Development Engineer
Subject: DST # 0902.06
John & Patricia Tate
420 S. 32nd Ave.
Kevin,
The developer is proposing to rezone this parcel of property from R -1 to R -2 zone. An '
environmental review is also being done on this property.
Engineering has no comments for this development.
Mike Antijunti
Development Engineer
City of Yaknna
(509) 576 -6608
1
DOC.
'
INDEX
M r r
Wat atiom Consts M r r r r r r r
Applicant: John and Patricia Tate Comments Submitted
By:
Location: 420 S. 32nd Ave. Mike Shane, Water/Irrigation
Engineer - 576 -6480
Parcel #: 18132244051 Division:
Date: 3/11/2009 Water /Irrigation D
vision
1= primary review
2= secondary review Development
Description:
RZ #001 -09, C
3 #005 -09, SEPA #004 -09 - Rezone one parcel from R -1 to R -2 and establish a
if >" convalescent,
iursing and group home.
>v
WATER & IRRIGATION
existing water location, size, etc.
There an existing
looped 12" waterline in S. 32nd Ave. There's an existing looped 6" and 8"
waterline in Tieton
Dr. Site has one 3/4" water service and meter. Site is located in the Mid Level
1
2
pressure zone.
Static pressure is approx. 61 - 69 psi.
1
2
water extension necessary, size
NA
fire hydrant
There's an existing
fire hydrant located at the southeast corner of S. 32nd Ave. and Tieton Dr.,
and one located
at the southeast corner of Voltaire and Tieton Dr. All new fire hydrants or fire
1
2
2
sprinkler re quirements
to be determined by Codes and Fire Dept.
2
1
new public easements
No
1
2
LID /connection charges
Only if an addi
ional or a larger water service /meter is required.
2
1
service installation charges
Only if an addi
ional or a larger water service /meter is required.
1
1
publiciprivate system
All on -site wati
irlines are private.
1
1 2
21
Fireflow calculations
Looped 12" m
terline - 5,000gpm
WellHead Protection Area
No
Irrigation System
Site is within t
e City of Yakima's W. Walnut Irrigation district. Site has an existing irrigation
2
service.
Misc. Comments
If additional pl
mbing fixtures are being added as part the improvements, a complete plumbing
fixture count s
ould be provided to determine the adequacy of the existing water service and
2
meter size.
goo
J
Mike Shane 1 3/10/2009
CITY OF Y. IMA - PUBLIC UTILITIES' PARTMENT
DOMESTIC WATER DIVISION — SKETCH CARD
Address
Lot Block in Addition
-4
2:
- I
I
I i I
i - 1 -1 1 li-I
5-
Date Installed Order No.
355 1 EA. COPPER S E R V1 Q E - FT.
T-
Pavement (width & type)
Main (size & location)
7
Location of Tap `" �! -
t
Material (size & type)
Meter Location
Original Meter No. Date Drawn
FORM 5, AUG. '62 - 3M MAP ON OTHER SIDE YAKIMA 13INDERY & PrG. Co. 231343
-4
2:
- I
I
I i I
i - 1 -1 1 li-I
5-
FV,
T-
DOC.
INDEX
# 0-
1
1
1
Wastewater Division
2220 E. Viola
Yakima, WA 98901
' DATE: March 9, 2009
TO: Kevin Futrell, Assistant Planner
' FROM: Shelley Willson, Utility Engineer
SUBJECT: RZ #1 -09, CL(3) #5 -09, EC #4 -09
PROPOSAL: Environmental Review and Rezone of property
' LOCATION: 420S.32 nd Avenue
PARCEL # 181322 -44051
Wastewater has no wastewater related comments regarding this proposal. Existing wastewater
easement to be retained is shown on application.
Public Utility easements for wastewater pipes shall allow for access of wastewater equipment to
' all sewer manholes and clean-outs. A proper surface to accommodate these vehicles shall be
provided and maintained by the property owner. Access shall not be blocked by fences. The
property owner should not plant landscaping or construct permanent or temporary structures
' within the easement. In the event that access or repairs cause the removal of any fences,
structures or landscaping, the property owner shall assume the risk and costs associated with the
removal and /or replacement. In addition, the owner shall assume all liability for any claims
filed in association with property damage caused directly from a sewer back up from the sewer
pipes in which the City's access was blocked or hampered by the property owner.
DOC.
INDEX
a�
iwiIIal1113
Thursday April 2, 2009 08:39
r arc I U1 I I
http: / /c1tymmsap: 7778/ fonns/ PennitAttachments /html_out/Remarks.html
DOC. ,
INDEX
#
4/2/2009
The proposed
additions at
this
residential
property are
DST
03/09/2009
RMELOY
03/09/2009
below 5,000
18132244051
RZ #001 -09
COMMENTS
square feet
and it is not a
high use site.
There are no
drainage
requirements.
http: / /c1tymmsap: 7778/ fonns/ PennitAttachments /html_out/Remarks.html
DOC. ,
INDEX
#
4/2/2009
03/0U/2009 15:40 15095756185
03/06/2009 14:40 FAX 1509575 5 VakimaAifferminal
I
DEPARTMENT OF COMMiIN T AND ECONOMIC DEVELOPMENT
[a 001/004
Planning division
129 North Second S �� " a, WW hington 98901
(509) 575 -6183 o F 509) 575 -6105 www ci yakima.wa.us
FW
CITY OF YANIMA YADGNA AM TZ7- -bUNAL
NOTICE OF AIPP'LICATION FOR EPWffRONMIENTAL ROM* WAS)E31111WYON A@iz.
AND PUBLIC HEARING Yom, WA 99903
February 25, 2009 /jag
To: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners
tFrom: Joan Davenport, Planning Manager
Subject: Notice of Application for an Environmental Review, Rezone, & Type (3) Review
NOTICE OF APPLICATION
Project Applicant: John & Patricia Tate, 11 N. 59th Avenue, Yakima, WA
X00
Project ]Location: 420 S. 32nd Avenue, Yakima, WA ®� 9 .
Assessor ]Parcel No: 181322 -44051 ��
City File Numbers: RZ #1 -09, CL(3) #5 -09, & EC #4-09
Project Description: The City of Yakima, Department of Community & Economic
Development, received an application for an Environmental Review, Rezone, & Type (3)
' Review. The applicant proposes to change the zoning from Single - Family Residential to Two -
Family Residential. A Class (3) land use for a "convalescent, nursing, and group borne" facility
is associated with the requested rezone. The applicant is requesting the rezone to enable them to
apply for the "convalescent, nursing, and group home" facility as a Class (3) land use. The
proposed Rezone does not require a Comprehensive Plan Amendment to complete the rezone,
because Two - Family Residential zoning is compatible with the Low Density Residential Future
Land Use Designation.
NOTICE OF ENVIRONMENTAL REVIEW
This is to notify private agencies with jurisdiction and environmental expertise and the public
that the City of Yakima, planning Division, has been established as the load agency, pursuant to
the Washington State Environmental Policy Act (WAG § 197 -11 -926) for the above stated
rezone.
The City of Yakima has reviewed the proposed rezone for probable adverse environmental
I impacts and expects to issue a Determination of Nonsignificance (DNS). The Optional DNS
process in WAC § 197 -11 -355 is being used. The proposal may include mitigation measures
under applicable codes regardless of whether an EIS is prepared. A copy of the subsequent
threshold determination may be obtained by request and may be appealed pursuant to YMC § Yalmma
DOC.
INDEX
i'11�.t?TP%yi' n r T� r r.f't rT/� n J
DEPAA ��:�, � 00r COHNFUI� � �v�ll -� t� 0 �� DE` rT -uTt 1'
''� %� 1 L9 I�T�? fill Second Street, .~'.rd Floor
Yakima, Washira.gtoa 98901
(509) 575 -6126 $ Fax (_$09) 5761 -6"76,
MEMORANDUM
Date: 2/27/09
From: Carolyn Belles, Code Administration Office Supervisor
Re: RZ #001 -09
This proposal does not appear to require an address change.
Thank you.
DOC.
INDEX
n-3
11
February 24, 2009
ITo: Kevin Futrell
From: Sandy Cox
Re: Tate — RZ #1 -09, CL(3) #5 -09, EC 4 -09
420S32 "d Ave
Mary Valladares and I have been through this structure with John Tate
asking that he renovate the bathroom on the main floor for handicap
accessibility. There is a room on the first floor that if any of the parents were
disabled, they could be accommodated easily in that room.
Mr. Tate told us that he would be constructing a ramp for the ease of getting
patients, medical beds and equipment inside the structure. This will also
serve for accessibility for a disabled person. He will also be installing a fire
alarm system.
' Plan review, permits and inspections are required prior to occupancy per
Section 105 of the 2006 International Residential Code.
1
u
DOC.
INDEX
�n
-DST Distribution L
Applicant: John Tate
File Number: RZ #1 -09, EC #4-09, & CL(3) #5 -09 ,
Date of DST Meeting: March 11, 2009
Assigned Planner: Kevin Futrell '
City of Yakima Divisions and Yakima County Public Services
1
Codes
Joe Caruso
2
Codes
Sandy Cox
3
Codes
Carolyn Belles
4
Codes
Jerry Robertson
5
Codes
Royale Schneider
6
Codes
Nathan Thompson
7
Codes
Mary Valladares
8
Engineering
Mike Anti'unti
9
Stormwater Engineer
Randy Melo
10
Water/ Irrigation
Mike Shane
11
Wastewater
Wastewater
12
Wastewater
Shelly Willson
Other Azencies
13
Fire Department
Ron Melcher
P.O. Box 9668, Yakima 98909
14
Traffic Engineering
Joan Davenport
P.O. Box 881, Yakima 98901
15
Utility Services
Pete Hobbs/
470 Camp 4 Rd. Yakima, WA 98908
16
Parks and Recreation
Ken Wilkinson
'
17
Transit
Ken Mehin
1210 Ahtanum Ridge Dr, Union Gap 98903
18
Transit
Gary Pira
15 W Yakima Ave Ste #200, Yakima 98902
19
Police Department
Greg Copeland
1606 Perry St Ste F, Yakima 98902
20
Refuse
Nancy Fortier
500 N. Keys Rd, Yakima 98901
21
Yakima County Public Svcs
Vern Redifer
8 South 2nd Ave Rm 304, Yakima 98902
22
Yakima County Planning
Steve Erickson
701 South 1st Ave, Yakima 98902
23
911 Communications
Wayne Wantland
104 North 41h Ave, Yakima 98902
24
West Valley School District #208
Peter Ansingh
8902 Zier Rd, Yakima 98908
Updated as of 02/12/09
DOC
INDEX
r
1
1
I
1
Committee for Downtown Yakima
James Stickel
P.O. Box 9668, Yakima 98909
Committee Manager - CDY
Manager
P.O. Box 881, Yakima 98901
Yakima Tieton Irrigation District
Rick Dieker/John Dickman
470 Camp 4 Rd. Yakima, WA 98908
Nob Hill Water
Jenna Leaverton
6111 Tieton Drive, Yakima 98908
Yakima County Health District
Art McKuen
1210 Ahtanum Ridge Dr, Union Gap 98903
WA State Department of Ecology
Gwen Clear
15 W Yakima Ave Ste #200, Yakima 98902
No. Yakima Soil Conservation District
Ray Wondercheck
1606 Perry St Ste F, Yakima 98902
Pacific Power and Light Co.
Mike Paulson
500 N. Keys Rd, Yakima 98901
Qwest
Tom McAvoy
8 South 2nd Ave Rm 304, Yakima 98902
Cascade Natural Gas Co.
Sheila Ross
701 South 1st Ave, Yakima 98902
Yakima School District #7
Ben Soria
104 North 41h Ave, Yakima 98902
West Valley School District #208
Peter Ansingh
8902 Zier Rd, Yakima 98908
Charter Communications
Kevin Chilc6te
1005 North 161h Ave, Yakima 98902
County Clean Air Authority
Gary Pruitt
329 North 1s' Street, Yakima 98901
Yakima Waste Systems
Scott Robertson
2812 terrace Hei hts Dr, Yakima 98901
Yakima Greenway Foundation
Al Brown
111 South 181h Street, Yakima 98901
US Post Office
Colleen Ellingsworth
205 West Washington Ave, Yakima 98903
Yakima Valley Canal Co.
Robert Smoot
1640 Garretson Lane, Yakima 98908
Department of Wildlife
1701 South 24th Ave, Yakima 98902
Department of Natural Resources
713 Bowers Rd, Ellensburg 98926
WSDOT (Dept of Transportation)
Salah Al- Tamini
2809 Rudkin Rd, Union Gap 98903
Department of Fisheries
Eric Bartrand
P.O. Box 9155, Yakima 98909
Yakama Indian Nation
A'a Decoteau
P.O. Box 151, Toppenish 98948
Yakima Airport
Manager
2400 West Washington Ave, Yakima 98903
Trolleys
Paul Edmondson
313 North 3rd Street, Yakima 98901
City of Union Gap
Bill Rathbone
P.O. Box 3008, Union Gap 98903
WSDOT, Aviation Division
John Shambaugh
P.O. Box 3367, Arlington WA 98223
Governor's Office of Indian Affairs
PO Box 40909, Olympia, WA 98504
Ahtanum Irrigation District
Beth Ann Brulotte
PO Box 563, Yakima, WA. 98907
Yakima - Klickitat Fisheries Project
John Marvin
771 Pence Road, Yakima, WA 98909
Updated as of 02/12/09
DOC
INDEX
r
1
1
I
1
1
1
1
1
1
1
1
i
1
1
1
1
1
1
1
1
1
1
REQUEST FOR COMMENTS
To: City of Yakima, Development Services Team
From: Kevin Futrell, Assistant Planner
Date: February 23, 2009
Subject: Tate - RZ #1 -09, CL(3) #5 -09, EC #4 -09
Proposal: Environmental Review & Rezone of a parcel of property zoned R -2
Location: 420 S. 32nd Avenue
Parcel: 181322 -44051
Please review the attached site plan and prepare any written comments you might have regarding
this proposal for an Environmental Review, Rezone (From Single - Family Residential to
Two - Family Residential), and Type (3) Review (to operate a `convalescent, nursing, and
group home" facility). The proposed group home does not meet the definition of family. This
project will come up for discussion at the weekly DST meeting to be held March 11, 2009, at
9:30 a.m. Should you have comments, but find you are unable to attend please submit your
comments prior to the meeting. Your comments must be received by March 13, 2009, to be
considered. If you have any questions regarding the proposed development, please call me at
(509)575 -6164 or email me kfutrell @ci.yakima.wa.us.
COMMENTS:
Contact
Department / Agency
DOC.
INDEX
1
JOHN AND PATRICIA TAT'E
RZ#001 -09, CL3 #005 -09, SEPA #004 -09
LJ
. I
I , *
t
11
EXHIBIT LIST
CHAP'T'ER E
SEPA Checklist
�,�.7,;.
. �
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E -1
Environmental Checklist
02/10/2009
r_
1
LI
1
1
1
REQUIRED ATTACHMENT:
� ENVIRONMENTAL CHECKLIST
STATE ENVIRONMENTAL POLICY ACT (SEPA) RECEIVED
(AS TAKEN FROM WAC 197 -11 -960) FE9 I o 200g
,ti • ........ .... .�,r ��pp aa
CHAP pad
TER 6.88, YAKIMA MUNICIPAL CODE (YMC) Y OF NU
PURPOSE OF CHECKLIST
The State Environmental Policy Act (SEPA), chapter 43.2 IC RCW, requires all governmental agencies to consider the
environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be
prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of
this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or
avoid impacts from the proposal, if it can be done) and to help the a ency decide whether an EIS is required.
INSTRUCTIONS FOR APPLICANTS
This environmental checklist asks you to describe some basic information about your proposal. Governmental
agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring
preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best
description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you
should be able to answer the questions from your own observations or project plans without the need to hire experts. If
you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not
apply ". Complete answers to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations.
Answer these questions if you can. If you have problems, the governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or
on different parcels of land. Attach any additional information that will help describe your proposal or its environmental
effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional
information reasonably related to determining if there may be significant adverse impact.
USE OF CHECKLIST FOR NONPRO.IECT PROPOSALS
Complete this checklist for non - project proposals, even though questions may be answered "does not apply." IN
ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D).
For non project actions, the references in the checklist to the words "project," "applicant," and "property or site"
should be read as "proposal," " ro oser," and "affected geographic area," respectively.
A. BACKGROUND INFORMATION (To be completed by the applicant.)
1. NAME OF PROPOSED PROJECT (if applicable) °' ,r,
2. APPLICANT'S NAME & PHONE
3. APPLICANT'S ADDRESS /` 7 1/ T
4. CONTACT PERSON & PHONE ?� 16
5. AGENCY REQUESTING CHECKLIST Q� /
6. DATE THE CHECKLIST WAS PREPARED
1
7. PROPOSED TIMING OR SCHEDULE (including phasing, if applicable) S
f
Revised 10 -98 page 1 of 10
6 �
vim`
BACKGROUND QUESTIONS (Attach if Lengthy)
'
1.
Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal?
If yes, explain. I
Ex/' ff�a P/}�XirVy
'
AlMeIAG TO &4. 74/"c; �fiiu'c�%r
;
lW?C0e /®/? - CR64 16 4-cc 63S/&I ct 6OVYIAG4'm&1vT Bh, /ITT )CZ4 : 19Wx)
'
/NSThU, o9l,,6 1rF Sr>T F/V . (Ph/AT Pc-- F /�v1S1' CK, )
2.
List any environmental information you know about that has been prepared, or will be prepared, directly related to
'
this proposal.
.wz5 R� P, & &X84 /J M ! ;,`olil -f7'T ,7 AG
1
3.
Do you know whether applications are pending for governmental approvals of other proposals directly affecting the
property covered by your proposal? If yes, explain. RECEIVED
'
A/0
FEB 1 2009
'
CITY OF YAKIMA
PLANNING �lV.
'
4.
List any government approvals or permits that will be needed for your proposal, if known.
/--O2 P/ rCi lGj /i Ce_ ES - l tF � GGb2
19GT69,9 4114 ,
'
1
5.
Give brief, complete description of your proposal, including the proposed uses and the size of the project and site.
There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do
'
not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific
information on project description.)
61,5 C- 5TP, &e_,7 65 (GxXlSTiA(j Z s-1-m llopr6) X42 7X'IYA116'1 TNIAl- elldle:
'
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T6 r�lG CH /LAS Ho�tG �i2 icS /OC.�/C�
6.
Location of the proposal. Give sufficient information for a person to understand the precise location of your pro-
posed project, including a street address, if any, and section, township, and range, if known. If a proposal would
'
occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan,
vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the
agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to
'
this checklist.
`�
THe 5'T1eaC7_411?6 �5�� &T AA0,Q&3S /S,' 20 �v7,"a 32 -Ave,
fflA 9 o Z
7hV& TAr)( Po$ &b� NW 1351 1s4 ��� X22 -yeas/ INDEX
page 2 of 10
t
B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant)
Space Reserved for
1. Earth Agency Comments
a. General description of the site (✓ one):
❑ flat 0 rolling ❑ hilly ❑ steep slopes ❑ mountainous FEB I a 2009
❑ other N/A
CITY OF YAKI A
b. What is the steepest slope on the site (approximate percent slope)? RANIVING 01V
9�/O'?
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat,
muck)? If you know the classification of agricultural soils, specify them and note any
prime farmland.
51G T/5141,�9416-1G 7-
A/0 rAp /0 &A�i0
d. Are there surface indications or history of unstable soils in the immediate vicinity? If
so, describe.
A10.
e. Describe the purpose, type, and approximate quantities of any filling or grading
proposed. Indicate source of fill.
iYd l= /G�
f. Could erosion occur as a result of clearing, construction, or use'? If so, generally
describe.
fV6
g. About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)?
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
1wa1116T 69N-7-1 ciMrZ�
2. Air
a. What types of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, industrial wood smoke) during construction and when the project is
completed? If any, generally describe and give approximate quantities if known.
b. Are ere ,y/to'
o -site sources o emmssions or odor that may affect your proposal? If so,
generally describe.
NO DM.
c. Proposed measures to reduce or control emissions or other impacts to air, if an�y:: INDEX
�
`° %;V h 6 4Ae-?-WK1 A ',, Mk' 5 6642'. ,,'Z Mlr I page 3 of 10
Space Reserved for
3. Water Agency Comments
a. Surface: RECEIVE,)
1. Is there any surface water body on or in the immediate vicinity of the site (including FEB 1 0 2009
year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, I�.�
describe type and provide names. If appropriate, state what stream or river it flows CITY OF GAKIIL4
into. IJIV.
N0
2. Will the project require any work over, in, or adjacent to (within 200 feet) the
described waters? If yes, please describe and attach available plans.
NO
3. Estimate the amount of fill and dredge material that would be placed in or re moved
from surface water or wetlands and indicate the area of the site that would be
affected. Indicate the source of fill material
NONE
4. Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
N6
5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site
plan.
NU
6. Does the proposal involve any discharges of waste materials to surface waters? If
so, describe the type of waste and anticipated volume of discharge.
N / A
/Vo
b. Ground:
1. Will ground water be withdrawn, or will water be discharged to ground water? Give
general description, purpose, and approximate quantities if known.
N6
2. Describe waste material that will be discharged into the ground from septic tanks or
other sources, if any (for example: Domestic sewage; industrial, containing the
following chemicals...; agricultural; etc.). Describe the general size of the system,
the number of such systems, the number of houses to be served (if applicable), or
the number of animals or humans the system(s) are expected to serve.
/Vo/V61-
c. Water Runoff (including storm water):
Doc.
1. Describe the source of runoff (including storm water) and method of collection and INDEX
disposal, if any (include quantities, if known). Where will this water flow? Will this
water flow into other waters? If so, describe.
T-WIelit, 57TORWOATM /*�_/Z7,1111/f
ZA O IST111G`i IA SCAWAKF page 4 of 10
L
1
1
2. Could waste materials enter ground or surface waters? If so, generally describe
Aj()
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if
any:
C,eMTMK PI)RK11'WT &P-&-14v
4. Plants:
a. Check (✓) types of vegetation found on the site:
deciduous tree: ❑ alder ❑ maple ❑ aspen V other
evergreen green: ❑ fir ❑ cedar ❑ pine 0 other/ j ,7.jfi -i 4
shrubs &)G71 711r-6 t-/J7`(II)SG'/ ''i 1,
grass
❑ pasture crop or grain
wet soil plants: ❑ cattail ❑ buttercup ❑ bullrush ❑ skunk cabbage
❑ other
water plants: ❑ water lily ❑ eelgrass ❑ milfoil ❑ other
other types of vegetation:
b. What kind and amount of vegetation will be removed or altered?
c. List threatened or endangered species known to be on or near the site.
Me M/6..
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any:
5. Animals:
a. Check ( ✓) any birds and animals which have been observed on or near the site or are
known to be on or near the site:
1) birds: ❑ hawk ❑ heron ❑ eagle ❑ songbirds
other :Ey
2) mammals: ❑ deer ❑ bear ❑ elk ❑ beaver
other " � �ZC- 5- � 16 �
3) fish: ❑ bass ❑ salmon ❑ trout ❑ herring ❑ shellfish
❑ other Al��e--
b. List any threatened or endangered species known to be on or near the site.
/tom /vim
c. Is the site part of a migration route? If so, explain.
A/O
d. Proposed measures to preserve or enhance wildlife, if any:
Space Reserved for
Agency Comments
RECEWED
FEB 1 0 2009
CITY OF YAKII*i
PLANNING DIV.
DOC.
INDEX
0 C--I
I I page 5 of 10 1
6. Energy and Natural Resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet
the completed project's energy needs? Describe whether it will b used for heating,
manufacturing, etc. (40 0 /G Gl/6r6r2) 57-6V f E6LA;6
MI ST141 R630621IT119L A(,to r6
RM&Al /N C/Ss.
b. Would your project affect the potential use of solar energy by adjacent properties? If so,
generally describe.
NO
c. What kinds of energy conservation features are included in the plans of this proposal?
List other proposed measures to reduce or control energy impacts, if any:
*'� 6X1 ,5,7_11V4 s ;WIC7W,�, 4WIV T�11114fZ).
7. Environmental Health
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk
of fire and explosion, spill, or hazardous waste, that could occur as a result of this
proposal? If so, describe.
M
1. Describe special emergency services that might be required.
AlDNC` R45-0 c -11R601
2. Proposed measures to reduce or control environmental health hazards, if any:
A/0 &S'
b. Noise
1. What types of noise exist in the area, which may affect your project (for example:
traffic, equipment, operation, other)?
IYoIV6'
2. What types and levels of noise would be created by or associated with the project
on a short-term or a long -term basis (for example: traffic, construction, operation,
other)? Indicate what hours noise would come from the site.
Al,o &S Z4Y6'7-5 GAS )7// *1/ r3�0iCMG
3. Proposed measures to reduce or control noise impacts, if any:
IVOAIC
8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties? t
b. Has the site been used for agriculture? If so, describe.
W:52 &,557 Td /A/ 19570J.
c. Describe any structures on the site.
d. Will any structures be demolished? If so, what?
(/ ) Gooms-;- 7a Cry 'PiXxo/rz
e. What is the current zoning classification of the site? jJ
Space Reserved for
Agency Comments
RECEIVED
FEE I Q 2009
CITY OF YAKIMA
PLANNING DIV.
DDC.
INDEX
# F--1
Page 6 of 10
I
f. What is the current comprehensive plan designation of the site?
CioGo ,9 BYES 111_y1 ;ZOS /JD OTIAOIi
g. If applicable, what is the current shoreline master program designation of the site?
�11A
h. Has any part of the site been classified as an "environmentally sensitive" area? If so
specify.
A1d
i. Approximately how many people would reside or work in the completed roject?
UP X 9/l & (6) Pr�T161,rT CAXZPe�' / IV TEMPo,P�Y kalPe*M
Tilplcho, Two (a) 57A9Qc 1k//7H UP 76 Two C2) f PPIz- V7_,AAF
j. Approximately how many people would the completed project displlace?
/S A /tO,% 11MO 4X.. 1/
k. Proposed measures to avoid or reduce displacement impacts, if any
r' (J'A'Y
1. Proposed measures to ensure the proposal is compatible with existing and projected land
uses and plans, if any:
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a. Approximately how many units would be provided, if any? Indicate whether high,
middle, or low- income housing.
I/D e&117Wj5_
b. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low- income housing.
c. Proposed measures to reduce or control housing impacts, if any:
14/6A1{�
10. Aesthetics
a. What is the tallest height of any proposed structures, not including antennas; what is the
principal exterior building materials proposed?
4K 1.5171-111a 1425'143?Y71
b. What views in the immediate vicinity would be altered or obstructed? :�;—IRIIC177166-
AX)Alc A9/o
c. Proposed measures to reduce or control aesthetic impacts, if any:
IVa1116,_
11. Light and Glare
a. What type. of light or glare will the proposal produce? What time of day would it mainly
occur?
/Vowe�_
b. Could light or glare from the finished project be a safety hazard or interfere with views?
A10
c. What existing off -site sources of light or glare may affect your proposal?
d. Proposed measures to reduce or control light and glare impacts, if any:
NQ*g_
Space Reserved for
Agency Comments
RECEIVED
FEB I ® 2009
CITY OF YAKIMA
PLANNING IJIV.
90
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12. Recreation
a. What designated and informal recreational opportunities are in the immediate vicinity?
1d A3
b. Would the proposed project displace any existing recreational uses? If so, describe.
A1d
c. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
lyl9& '
13. Historic and Cultural Preservation
a. Are there any places or objects listed on, or proposed for, national, state, or local
preservation registers known to be on or next to the site? If so, generally describe.
Al a
b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or
cultural important known to be on or next to the site.
410J�
c. Proposed measures to reduce or control impacts, if any:
/YD/1�r
14. Transportation
a. Identify public streets and highways serving the site, and describe proposed access to
the existing street system. Show on site plans, if any.
b. Is site currently serviced by public transit? If not, what is the approximate distance to
the nearest transit stop?
c. How many parking spaces would the completed project have? How many would the
project eliminate?
AC.
6Z,1 rill &&T& A, 1e
d. Will the proposal require any new roads or streets, or improvements to existing roads or
streets, not including driveways? If so, generally describe (indicate whether public or
private).
/VQ
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe.
BYO
f. How many vehicular trips per day would be generated by the completed project? If
known, indicate when peak volumes would occur.
ir'6'7 Af V01,(IlT f AT e�3'7-1,f ifs
g. Proposed measures to reduce or control transportation impacts, if any:
A101l
Space Reserved for
Agency Comments
RECEIVIED
FEB 1 0 2009
CITY OF YAKMWA
PLANNING JIV.
# E—/
8 of 10
7
15. Public Services
a. Would the project result in an increased need for public services (for example: fire
protection, police protection, health care, schools, other) ?.If so, generally describe:
AIOA,°C /I-iT ;-/ 0 /A � I z �1 �,
b. Describe the utilities that are proposed for the project, the utility providing the service,
and the general construction activities on the site or in the immediate vicinity, which
might be needed.
' 116. Utilities
n
a. Circle utili ' urrenil3uailable at the site electricity, atural gas, . ater refuse
service telephone sanitary sewer septic system, o r.
b. Describe the utilities that are proposed for the project, the utility providing the service,
and the general construction activities on the site or in the immediate vicinity, which
might be needed.
1 C. SIGNATURE (To be completed by the applicant.)
Space Reserved for
Agency Comments
RECEIVED
FEg 1 0 2009
CITY OF VAKIM�
PLAIYf!!NG JIV.
The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on
' them to make its decision. d ��
' Signature /! Date Submitted-
D. `SUPPLEMENT° SI EET:F® _ ®NPR®JECT ACTIONS,, (Tobe'coffipleted by:the applicant.)
(Do not use the followin g for ro'ect actions.)
Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of
the environment.
When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the
proposal, would affect the item at a Ecater intensity or at a faster rate than if the proposal were not implemented.
1. How would the proposal be likely to increase discharge to water; emissions to air; Space Reserved for
' production, storage, or release of toxic or hazardous substances; or production of noise? Agency Comments
1
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DOC.
NDEX
� E-- I
9of10
Proposed measures to avoid or reduce such increases are:
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
Proposed measures to protect or conserve plants, animals, fish, or marine life are:
3. How would the proposal be likely to deplete energy or natural resources?
Proposed measures to protect or conserve energy and natural resources are:
4. How would the proposal be likely to use or affect environmentally sensitive areas or areas
designated (or eligible or under study) for governmental protection; such as parks,
wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or
cultural sites, wetlands, floodplains, or prime farmlands?
Proposed measures to protect such resources or to avoid or reduce impacts are:
5. How would the proposal be likely to affect land and shoreline use, including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
Proposed measures to avoid or reduce shoreline and land use impacts are:
6. How would the proposal be likely to increase demands on transportation or public services
and utilities?
Proposed measures to reduce or respond to such demand(s) are:
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or
requirements for the protection of the environment.
Space Reserved for
Agency Comments
RCEI VEL-1
EEB 1 0 2009
%ITY OF YAMI&
PLANNING DIV.
DOC.
INDEX
# C- I
a e 10 of 10
JOHN AND PATRICIA TATE
' RZ #001 -09, CL3 #005 -09; SEPA #004 -09 ,
i
1
EXHIBIT LIST
CHAPTER P
Application
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F -1
Land Use Application and Narrative for Class 3 Review
02/10/2009
F -2
Land Use Application for Rezone
02/10/2009
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Receav�fi'
- CITY OF YAKIMA FEB
��_ �•�`' I ®2009
LAND USE APPLICATION CITY OF Y
NNIkd D@�
:I DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
129 NORTH SECOND STREET, 2 "D FLOOR
°i YAKIMA, WASHINGTON 98902
VOICE: (509) 575 -6183 FAX: (509) 575 -6105
INSTRUCTIONS — PLEASE READ FIRST Please type or print your answers dearly.
Answer all questions completely. If you have any questions about this form or the application process call, come in
person or refer to the accompanying instructions.
This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are
on this page. PART H and III contain additional information specific to your proposal and MUST be attached to this
page to complete the application. Remember to bring all necessary attachments and the required filing fee when the
application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid.
Filing fees are not refundable.
PART I — GENERAL INFORMATION
1. APPLICANT
NAME Jahn / f� '-f
2. APPLICANT ADDRESS
STREET f q 52 -. P CITY y
AND PHONE NUMBER
STATE ,,P ZIP {�' F PHONE _. 1fsMESSAGK6 )
3. APPLICANT'S
CHECK OWNER ❑ OWNER REPRESETATIVE
INTEREST IN
PROPERTY
ONE El CONTRACT PURCHASER El OTHER
4. PROPERTY OWNER
(IF OTHER THAN
_
NAME
APPLICANT)
5. PROPERTY OWNER'S
STREET CITY
ADDRESS AND PHONE
(IF OTHER THAN
STATE ZIP PHONE MESSAGE
APPLICANT)
6. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: ,r
N/A
7. EXISTING ZONING OF SUBJECT PROPERTY:
N/A
_
8. ADDRESS OF SUBJECT PROPERTY: d f R of
J?,0'.i
N/A
9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY)
❑ Class (2) Use ❑ Environmental Checklist (SEPA) ❑ Right -of -Way Vacation
Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption
Rezone ❑ Appeal ❑ Shoreline
❑ Variance ❑ Non - Conforming Structure/Use ❑ Utility Easement Release
❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner
❑ Administrative Adjustment ❑ Short Plat ❑ Other — Comp Plan Amendment
PART H — SUPPLEMENTAL APPLICATION AND PART III — REQUIRED ATTACHMENTS
10. SEE ATTACHED SHEETS
PART IV — CERTIFICATION
11. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge.
/ SIG T DATE
Revised 9 -98 V FOR ADMINISTRATIVE USE ONLY
FILE N _!N® X
D�4 FE AID 2rvED BY - REICETrNNO._ "ARINGDATE
1. REQ T:
(I we he property owner srequest that the following described property be rezoned:
From
g' 1 To
2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy
OWNER'S SIGNATURE:
(I, w certify that (I e) re the ownpf(.s'Fyf record of all of the above described roperty:
( WNER(S) SIGNA )
STATE OF WASHINGTON)
A,
COUNTY OF YAKIMA ) d � S ON� R9 F
� � SF�
On this day personally appeared before me c) kno o be the
individual(s) described in and who executed the within and foregoing instrument and acknowle that e°' m
owner(s) of the property requested to be rezoned, have read the application and know the conte s e -ecp. eve
same to be true. � 0��
�y �,- AF �eER 01,
GIVEN under my hand and official seal this (;�day of A&-b-9 9 WA sH \�G/
4. ENVIRONMENTAL CHECKLIST A properly completed Environmental Checklist is mandated by the Washington State ,
Environmental Policy Act (SEPA) for a rezone request. Checklists should be obtained from the Planning Division.
5. WRITTEN NARRATIVE thoroughly answers the following questions in as much detail as possible:
A. Is the requested zoning change suitable with the property in question (subject property)? How so?
B. How is the rezone request in compliance with and /or how does the request deviate from the 1997 Yakima Urban Area '
Comprehensive Plan as amended?
C. Are there adequate public facilities, such as traffic capacity, sewer service,potable water, storm water and other public
services and infrastructure existing on and around the subject property? Are the existing public facilities capable of ,
supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be
implemented to address any short falls in public services that may exist?
D. Is the proposed zone change and associated land uses changes compatible with the existing neighboring uses? What
mitigating measures are planned to address incompatibility, such as site screening,buffering building design, open spacl
traffic flow alternation, etc.?
E. Is there a public need for the proposed change?
6. SPECIFIC PROJECT If this request is for a specific project please include the following:
A. Written project description including number of housing units and parking spaces. If the proposal is for a business
describe hours of operation, days per week and all other pertinent information related to business operations.'
B. Site Plan (Please use the City of Yakima Site Plan Checklist) (�
Note: All submitted information will be forwarded to the Hearing Examiner along with your application and will become IRhe public hearing record.
Clear, comprehensive and accurate detail of the information is in the best interest of the applicant. ®®�EX '
Revised 9 -98 ���
I�
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Property Address: 420 SO 32ND AVE
YAK.IMA, WA 98902
E X11IBIT "A"
LEGAL DESCRIPTION
APN#1 181322 -44051
RECEIVE[)
FEB I a 2009
CITY OF YAKIIWA
PLANNINs DIV.
That portion of the Southeast Y of the Southeast 1/4 of the Southeast'/ of Section 22,
Township 13 North, Range 18, E.W.M., hereafter called "said subdivision ", described as
follows;
Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said
subdivision;
thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of
beginning;
thence North 89 °50' West 223.5 feet, more or less, to a point 90 feet East of the North and
South center line of said subdivision
thence South along the line 90 feet East of and parallel to the said center line 98.5 feet to
the North line of Tieton Drive;
thence East 223.5 feet to the West line of Grandview Avenue-,
.thence North along the West line of said Avenue 98 feet to the true point of beginning,
EXCEPT the West 42 feet,
EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25,
1964, under Auditor's File No. 2000604,
AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded
December 2, 1991, under Auditor's File No. 2943047
END OF EXHIBIT A
fig
a
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DOC.
1-4 nINDEX
0 F - --)L
ST" `T EMENTAL APPLICATION FOR:
0. CLASS (2) REVIEW 0 CLASS (3) REVIEW
CHAPTER 15.14 AND 15.15, YAKIMA URBAN AREA ZONING ORDINANCE (UAZO)
1. PROPOSED LAND USE TYPE (Important: Must be taken From Table 4-1, of the Urban Area Zoning Ordinance)
fC, Z. 6RozzP
2 LEGAL DESCRIPTION OF THE SUBJECT PROPERTY. (Attach if lengthy)
5. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist)
6. A WRITTEN NARRATIVE: (Please answer the following questions in the narrative) ,��ts a C %l16
A. Fully describe the proposed development, including number of housing units and parking spaces. If the
proposal is for a business describe hours of operation, days per week and all other pertinent information
related to business operations.
B. How is the proposal compatible to neighboring properties? What mitigation measures a
promote compatibility?
C. Is your proposal consistent with current zoning of your property; and, FEB I 0 2009
Is your proposal consistent with uses and zoning of neighboring properties? CITY OF YAKIMA
PLANNING DIV.
D. Is your proposal in the best interest of the community?
7. AN ENVIRONMENTAL CHECKLIST: (If required by the Washington State Environmental Policy Act (SEPA))
Note: If you have any questions about this process please come in person to the Planning Division, 129 North
2nd St. Yakima, WA or call the Planning Division at (509) 575 -6183, Monday through Friday 8 a.m. to 5 p.m.
FOR ADMINISTRATIVE USE ONLY
For Class (2) Applications, the proposed development requires Class (2) Review for the following reasons:
❑ Listed as a Class (2) use in Table 41; or,
❑ Structural or other physical site improvements are proposed or required by this title, and the use has frontage on a
designated collector or arterial road (single - family dwellings, duplexes, and their accessory structures are exempt from
this provision); or
❑ All or part of the parcel proposed for development is in the Flood Plain, Airport, or Greenway Overlay Districts; or,
❑ The proposed use includes hazardous materials; or,
❑ A mobile or manufactured home listed as a Class (2) use in Section 15.04.120. DOC.
INDEX
Revised 9 -98
t
' JOHN A. TATS - CONSULTENG ENGINEER
11 NORTH 59th AVENUE, YAKIMA, WASHINGTON 98908
PH (509) 972 -3079 FAX (509) 972 -7920 CELL (509) 910 -7124
' January 29, 2009 RECEIVED
Regarding: Class (3) Review FEB 1 Q 2009
Part III, Section 6 - Written Narrative
CITY OF YAK!MA
Referencing: Kinderhafen, L.L.C. PLANNING �l�.
t 420 South 32nd Avenue
Yakima, WA. 98902
' Item A. Kinderhafen would provide transitional care for medically fragile children; i.e., from a hospital setting where the
level of care and expense are no longer warranted to the eventual residence or home of the medically fragile child (a child
with a tracheotomy tube is an example of such a child.) Kinderhafen would provide a setting with a trained medical staff to
monitor and care for medically fragile children until arrangements and training of the parents /guardians can be completed.
' The child's length of stay within the Kinderhafen facility would vary according the level and complexity of required care and
the speed that receiving arrangements are made. Medical procedures would be minimal and limited to the level that would
typically be provided by trained nursing staff in such settings.
' Kinderhafen is intended to be able to provide care and monitoring for up to five (5) medically fragile children with a
minimum of two (2) trained personnel present at all times (24 hours a day and 7 days a week).
As a courtesy, Kinderhafen would provide short term (typically two to three days) sleeping quarters for the parents /guardians
until the parents /guardians are comfortable to perform on their own the medical procedures for their medically fragile child.
Scheduling of this courtesy would insure the relative privacy needed during this training period. If this courtesy proves to be
' a problem or sticking point within this process, then this courtesy can be denied and the parents would need to provide for
their own sleeping quarters while learning, at the Kinderhafen facility, to care for their child.
The Kinderhafen facility will be easily accommodated within the existing residential structure with some minor remodeling to
the ground level of the structure to provide accessibility. If sleeping quarters are to be provided for the parents /guardians of
the children, then these quarters will be in the existing bedrooms on the second level of the structure. Parking for the staff
will have to be created at the Northwest comer of the lot (where the existing older garage is located). It is intended to provide
' five (5) parking stalls and one (1) H.C. accessible parking stall. A sloped ramp will need to be constructed from the created
parking area to the structure.
' Item B. It is the intent of the Kinderhafen facility to be a very low - profile facility and to appear from the exterior to be no
more than a typical residence. Thus, from the exterior, there will appear to be no substantial change in the existing residence
as it was when families resided there and therefore compatible with the surrounding residential properties.
Since the facility will not produce, sell, manufacture or distribute goods of any kind, the traffic and noise associated with such
production/business facilities will not occur. Also, since the Kinderhafen facility will not treat patients by appointment or by
drop -in emergency basis, the traffic and noise with these types of medical facilities will not occur.
No mitigation measures to promote compatibility with the neighborhood are currently proposed since the operation of the
Kinderhafen facility will not overtly change from the residential nature of the surrounding properties.
Item C. The use of the Kinderhafen facility (proposed) is consistent with the current property zoning (R -1) of a largely
' residential neighborhood. The intent of the operations of the Kinderhafen facility will not change or degrade the residential
nature of the surrounding properties in appearance and impact.
Currently, the properties to the North, West and South are zoned R -1. To the Fast are a medical office currently zoned B -1
and the Yakima Valley Memorial Hospital campus zoned R -2. Since the proposed Kinderhafen facility will not change the Sao
DOC.
INDEX Of
# ��
nature of the current property zoning of R -1, the proposed zoning change from R -1 to R -2 for the facility is certainly
consistent with the surrounding properties.
Item D. The proposed Kinderhafen facility would provide a transition for medically fragile children from a hospital setting to
their home. Currently there is no such facility in Eastern Washington. Therefore, the transition now requires the transport of
the children to the Puget Sound area where the only like facilities are located and the parents /guardians of the children to
travel and stay in the Puget Sound area while they are learning to care for their child. Obviously, if the child is originally
from the Puget Sound area, the burden on the child and parents is nominal and can be tolerated. However, should the child be
from the Eastern half of the State, this burden can be a large logistical and monetary problem.
The Kinderhafen facility would provide a quiet and professional atmosphere in Eastern Washington where the medically
fragile children and their parents/guardians can comfortably work through the transition from a hospital setting to their home.
The State of Washington, through taxation of its citizens, now funds for the transport to the Puget Sound area and care for
these children during the transition process. The savings to the State of Washington are obvious and can be simply viewed as
a logistics and relative cost of living problem. The benefit to the Yakima area would be the start-up and prosperity of a
facility that provides a necessary function and provides employment for the required professional staff. The benefit to the
surrounding neighborhood would be maintaining the quiet and residential nature that it enjoys presently while providing for
the upkeep and maintenance of a very visible structure within the neighborhood. Simply put, there would be no losers with
the Kinderhafen facility.
Respectfully submitted,
F� 4
J A. Tate, P.E., S.E.
ERHAFEN -3
RECEIVE[)
EB I o 2009
L'Ty OF YAKIM $
PLANNING DIV.
I
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JOHN AND PATRICIA TATE
RZ#001 -09, CL3#005-09, SEPA#004-09
EXHIBIT LIST
CHAPTER G
Public Notices
M
Mrl, 411
ox 111?0_921,1171rlr�
0� WWO kg
M MINIM
I SIM
� I
G-1
Determination of Application Completeness
02/20/2009
G-2
Land Use Action Installation Certificate
02/24/2009
G-3
Notice of Application for Environmental Review and Public
02/25/2009
Hearing
G-3a: Press Release and Distribution List
G-3b: Legal Notice and Confirmation E-mail.
G-3c: Parties and Agencies Notified
G-3d: Affidavit of Mailing
G-4
Notice of SEPA Determination — DNS
03/20/2009
G-4a: Press Release and Distribution List
G-4b: Legal Notice and Confirmation E-mail
G-4c: Parties and Agencies Notified
G-4d: Affidavit of Mailing
G-5
'Hearing Examiner Packet and Agenda Distribution List
04/02/2009
G-6
Hearing Examiner Agenda
04/09/2009
G-7
Hearing Examiner Sign — In Sheet
04/09/2009
G-8
Notice of Hearing Examiner's Decision and Recommendation
05/19/2009
(See DOC INDEX# BB-2 for HE Recommendation & Decision)
G-8a: Website Posting
G-8b: Certified Mail to Applicant
G-8c: Parties of Record Notified
G-8d: Affidavit of Mailing
G-9
Letter of Transmittal: City Council Public Hearing
05/27/2009
(Mailing Labels, Vicinity Map, Site Plan, E-mail to City Clerk)
G-10
Agenda Statement — Revision: Set Date of City Council Public
06/02/2009
_G-11
Hearing for Rezone and Development Agreement
Notice of City Council Closed Record Public Hearing
06/03/20
M
' CITY OF YAKIMA
NOTICE OF CLOSED RECORD PUBLIC HEARING
Rezone of Property at 420 South 32nd Avenue
NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a Closed Record
Public Hearing to consider the Hearing Examiner's recommendation on the application
submitted by John and Patricia Tate to rezone the property located at 420 South 32nd
' Avenue from R -1 (Single - family Residential) to R -2 (Two - family Residential). In addition,
the Yakima City Council will conduct an Open Record Public Hearing on the proposed
Development Agreement for the project.
Said public hearings will be held Tuesday, June 16, 2009 at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chambers at City Hall located at
129 North 2nd Street, Yakima, Washington.
' Closed Record Hearing means the public is invited to testify on the existing Hearing
Examiner's records, but will not be allowed to introduce any new information. Any
citizen wishing to comment on this request is welcome to attend the closed record public
hearing or contact the City Council in the following manner:
1) Send a letter via regular mail to "Yakima City Council, 129 N. 2 "d Street,
' Yakima, WA 98901", or,
2) E -mail your comments to ccouncil @ci.yakima.wa.us. Include in the e-mail
subject line, "Tate rezone." Please also include your name and mailing
address.
Dated this 3rd day of June, 2009.
t Deborah Moore
City Clerk
DOC.
ONDEX
I 6 -10
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT - REVISION
Item No.
For Meeting of: June 2, 2009
Item Title: Set June 16, 2009, as the date for a "Closed Record" public hearing to consider the
Hearing Examiner's recommendation on a rezone request and an "Open Record" Hearing on
the proposed Development Agreement by John and Patricia Tate for property located at 420 S.
32nd Avenue, Yakima, WA.
Submitted By: William Cook, Director of Community & Economic Development
Contact Person/Telephone: Kevin Futrell, Assistant Planner, 509 - 575 -6164
Summary Explanation: Set June 16, 2009, as the date for a "Closed Record" public hearing to
consider the Hearing Examiner's recommendation to conditionally approve a request by John
and Patricia Tate to rezone a parcel of land, approximately 0.16 acres in size, from Single -
Family Residential (R -1) to Two - Family Residential (R -2). A transitional care facility is being
proposed with this rezone request and a Development Agreement, which requires an "Open
Record" Hearing. The Hearing Examiner held an Open Record" public hearing on April 9,
2009, to consider this application. On May 15, 2009, the Hearing Examiner issued his
recommendation to conditionally approve the rezone request.
Resolution Ordinance
Funding Source,
Approval for Submittal:
Contract Other X (Specify) Vicinity Map
City Manager
Staff Recommendation: Set date of Closed Record Public Hearing for June 16, 2009
Board Recommendation: On May 15, 2009, the Hearing Examiner recommended that the
rezone be approved.
Council Action:
DOC.
INDEX
I G -►O
7
1
L
1
1
1
1
1
1
1
1
1
1
1
1
CITY OF YAKIMA, PLANNING DIVISION
LETTER OF TRANSMITTAL
I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division,
have transmitted to: Debbie Moore, Yakima City Clerk, by hand delivery, the
following documents:
1. Mailing labels for JOHN AND PATRICIA TATE (RZ #001 -09,
CL3 #005 -09, SEPA #004 -09); including all labels for adjoining property
owners within 500 feet of subject property, agencies and parties of
record.
2. One black and white vicinity map.
3. One site plan.
4. I have also transmitted to Debbie Moore, Yakima City Clerk, by e -mail,
a Legal Notice which was published for the Hearing Examiner Public
Hearing. This will supply information to be included in the City
Clerk's legal notice of the City Council Public Hearing.
Signed this 27th day of May 2009.
Ro'salinda Ibarra
Planning Specialist
Received By:
Date: '5 — -�- —I — O 1
DOC.
INDEX
0 G -9
101.D4 .J-.»UUi 181322 -44456 181327 -11002
ADRIENNE L ENGELHART ANN & MUHAMMAD CHAUDHRY ANNA T & TIMOTHY A DUFAULT
401 S 32ND AVE 420 S 34TH AVE 610 S 32ND AVE
YAKIMA, WA 98902 -3634 YAKIMA, WA 98902 YAKIMA, WA 98902
181322 -44024
BERT & JEANETTE OTTO
PO BOX 9552
YAKIMA, WA 98909
161326 -22505
BRIAN C & JENNIFER S MCCOWN
610 S 31ST AVE
YAKIMA, WA 98902
181323 -33021
BILL & GLENDA EPPERHEIMER
411 S 32ND AVE
YAKIMA, WA 98902
181323 -33018
C. L. HILL
409 S 32ND AVE
YAKIMA, WA 98902 -3634
iI
u
181322 -44050
BOBBY G & LUCILLE D JONES '
3301 TIETON DR
YAKIMA, WA 98902
1
181327 -11007
CHISTIAN EVANGELISTIC ASSEMBL
3414 TIETON DR
YAKIMA, WA 98902
181326 -22509 181322 -44014 181322 -44042 '
CHRISTOPHER M & DIAUN D JENSEN CRAIG D & PATRICIA J SUNDQUIST CRAIGrp & TR IA QUIS
607 S 31ST AVE 408 S 32ND AVE 4 9'N2N V
YAKIMA, WA 98902 YAKIMA, WA 98902 YAk-T`MA,\-Wfk 98902
181327 -11410
CRAIG E & CYNTHIA ELQUIST
602 VOLTAIRE AVE
YAKIMA, WA 98902
181322 -44453
DARL L. TAYLOR
412 S 34TH AVE
YAKIMA, WA 98902 -3641
1 1322 -44507
D VID EA
P B { 13
YAK MA, A 989
181327 -11412
DEREK A & JOAN C LA FRAMBOISE
606 S 32ND AVE
YAKIMA, WA 98902
181327 -11418
DOUGLAS D & JANETTE HEARRON
615 S 34TH AVE
YAKIMA, WA 98902
181322 -44009
EDWARD L STYSKEL
3304 HOME DR
YAKIMA, WA 98902
181323 -33015
JAMES E & MARY E ACKERMAN
406 S 31ST AVE
YAKIMA, WA 98902
181323 -33003
D BRUCE SIMPSON
216 S 24TH AVE
YAKIMA, WA 98902
181327 -11404
DAVID E & GAIL PARK FAST
607 VOLTAIRE AVE
YAKIMA, WA 98902
181327 -11403
DAVID MD ETAL BROWN
613 VOLTAIRE AVE
YAKIMA, WA 98902 -3960
181326 -22011
DON C. DILLON
617 S 32ND AVE
YAKIMA, WA 98902 -4019
181327 -11420
EDITH DRURY MATSEN
605 S 34TH AVE
YAKIMA, WA 98902
181326 -22502
DAN R & PAMELA D HAMMONTRE
611 S 32ND AVE
YAKIMA, WA 98902
181322 -44506 ,
DAVID HEAD
PO BOX 1304
YAKIMA, WA 98907
1
181326 -22504
DEBORAH L WAGNER '
614 S 31ST AVE
YAKIMA, WA 98902
181322 -44033 '
DONALD & DIANNE J WOLTERSTORF.
416 S 32ND AVE '
YAKIMA, WA 98902
181323 -33010 '
EDUARDO PACHECO
402 S 31ST AVE
YAKIMA, WA 98902 1
181323 -33014 181326 -22004 ,
HAROLD D & SARAH R HUNTER JACQUILYN G KNIGHT
581 OLD NACHES HWY ' 3010 TIETON DR
YAKIMA, WA 98908- 892:DQC. YAKIMA, WA 98902
INDEX '
181326 -22510 181326 -22009
JAMES G & MARY E HOPFINGER JAMES M & JUDY M HORST
605 S 31ST AVE 605 S 32ND AVE
YAKIMA, WA 98902 YAKIMA, WA 98902
I81;22 -44015
OE R & DIANE L
3305 TIETON DR
YAKIMA, WA 98902
1 1322 -44049
ROBERSON J SAE & ANE O ON
33 N
YAK , WA 98902
81322 -44016
ANCE J & CHERYL L REESE
09 S 34TH AVE
YAKIMA, WA 98902
r
181322 -44025
IAWRENCE A & DOLORES ALVARADO
17 S 34TH AVE
AKIMA, WA 98902
481322 -44048
LINDA D BENJAMIN
207 TIETON DR
AKIMA, WA 98902
81323 -33013
ISA M DALEY
403 S 32ND AVE #2
1A KIMA, WA 98902
81322 -44041
RVIN GENE & JO ANN COLLIER
10 S 32ND AVE
YAKIMA, WA 98902
1
18 322 046
Y P J k N IVERA
04 S 32N KIMA, WA 02
181327 -11421
CHAEL MORALES
1 S 34TH AVE
KIMA, WA 98902
11322 -44026
PATRICK J & NANCY L CRABB
t11 TIETON DR
KIMA, WA 98902 -3657
1322 -44020
Y �BLODIN
8
1327 -11407
CHARD JOHN & SANDRA
6 VOLTAIRE AVE
(AKIMA, WA 98902
181327 -11497
LARRY S & JUDITH
602 S 32ND AVE
YAKIMA, WA 98902
181323 -33020
JOSEPH KETTERER
412 S 31ST AVE
YAKIMA, WA 98902
181 2A74 98 C LEFORS LAR Y J IT EFORS
602 S D YAK 98902
181322 -44012
LEANNE HELEN BIRRAN
407 SO 34TH AVE
YAKIMA, WA 98902
181322 -44017
LINDA KIME
411 S 34TH AVE
YAKIMA, WA 98902 -3640
181323 -33011
MARLENE Y PARKS
404 S 31ST AVE
YAKIMA, WA 98902
181322 -44032
MARY A VERHEY
414 S 32ND AVE
YAKIMA, WA 98902
181326 -22506
MICHAEL D KAUTZMAN
7012 LOREN PL
YAKIMA, WA 98908
181326 -22007
MOISES E & MARGARITA BRAVO
3106 TIETON DR
YAKIMA, WA 98902 -3672
181326 -22503
PAUL & CHRISTINE
HARBECK
616 S 31ST AVE
YAKIMA, WA 98902
181322 -44021
RAYMOND G & ELOISE R BLONDIN
411 N 63RD AVE
v
im ® ®v
YAKIMA, WA 98908
INDEX
181323 -33022
LESLIE P HEIMGARTNER
PO BOX 8173
YAKIMA, WA 989080173
181327 -11408
LINDA M BURDETTE
613 VOLTAIRE AVE
YAKIMA, WA 98902 -3960
181327 -11409
MARVEL LEE
606 VOLTAIRE AVE
YAKIMA, WA 98902 -3961
181322 -44040
MAYRA P & JOHN N NAIDEN RIVER)
404 S 32ND AVE
YAKIMA, WA 98902
181323 -33016
MICHAEL J GUNDERSON
720 N 44TH AVE
YAKIMA, WA 98908
181327 -11419
NORMA MANTEY
611 S 34TH AVE
YAKIMA, WA 98902 -3928
181326 -22026
QUETIN M COULTER
603 S 31ST AVE
YAKIMA, WA 98902
181bN 44031
RAY ELO L DIN
411 RD VE
YAKWA 9 08
# (� _ q
181327 -11422 181322 -44038
KAYE FAIRB ROBERT C & LESLIE GAYE KORN ROGER SCHMAHL
3308 TIETON DR 406 S 32ND AVE
YAKIMA, WA 98902 YAKIMA, WA 98902
1 132 -44 1 ✓ 181322 -44027
R NA A. R S `�O! C)\ SAMUEL R & ANNE ISHMAEL
42 3 D E \ (�hhC�� PO BOX 1220
YAKIMA, WA 8902 -3635 cl YAKIMA, WA 98907
18 322 44047 181323 -33019
SEA RO N WHI AN OFLINN SHIRLEY A MURPHY
3 20 I 0 D 410 S 31ST AVE
YAKIMA, W 989 2 -3656 YAKIMA, WA 98902 -3632
181322 -44037
SUMIKO M. HARRIS
406 1/2 S 32ND AVE
YAKIMA, WA 98902 -3635
181323 -33012
THOMAS J & MARIA TOVAR
403 S 32ND AVE # 1
YAKIMA, WA 98902 -3634
181326 -22501
WILLIAM A HAMBELTON
615 S 32ND AVE
YAKIMA, WA 98902 -4019
181 23 -3 87
YAK A V L Y M M I H SPITAL
2811 TI TON
YAKI , WA 98902
181322 -44034
SUZANNE FROMHERZ
418 S 32ND AVE
YAKIMA, WA 98902
181322 - 44023
THOMAS R & SHIRLEY JOLLY
413 S 34TH AVE
YAKIMA, WA 98902
181327 -11402
WILLIAM J GLENSKI
621 VOLTAIRE AVE
YAKIMA, WA 98902
181323 -33'
YAK MA VA L MEMO AL TAL
281 TIE ON D
YAKI A 989
84 labels printed for map sheet tate q
n4-c CF C,o L' .c I
(z k cx) I —c)q
Gl. 5: t V DU 5 —�1
18 326 22010
60 3 ND/AVE
PUI IAM
60 ,g� 3�ZND/AVE � �-
YAKIMA, WA 9R�n2 '
181326 -22006
'
STIG & MARIANNE MARELD
'
602 S 31ST AVE
YAKIMA, WA 98902
181323 -33017
TERRYL A GOECKLER
'
3171 SPEYERS RD
SELAH, WA 98942 -9244
1
181322 -44454
TIM A & SHELLY L PRICE '
414 S 34TH AVE
YAKIMA, WA 98902
181323 -33024 '
YAKIMA VALLEY MEMORIAL HOSPIT;
2811 TIETON DR
YAKIMA, WA 98902
1 1323 -33509
Y KIMA LLE U IDIARY LL
1 01 H V # 50
SE T E, 96101 -2647 '
i'
L
DOC.
'
INDEX
John and Patricia Tate Kinderhafen LLC Barge- Chestnut Neighborhood Assn.
'11 North 56`h Avenue 420 South 32nd Avenue 2607 Barge Street
Yakima, WA 98908 Yakima, WA 98902 Yakima, WA 98902
Cindy Noble Philip Steele Gary Forrest
5609 West Arlington Street 910 South 34'h Avenue 3011 Barge Street
' Yakima, WA 98908 Yakima, WA 98902 Yakima, WA 98902
Ralph Call Jim Aberle Linda Vance
2608 West Chestnut Avenue 2811 Tieton Drive 3207 Tieton Drive
Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98902
'Pat Reynolds Kristina Harris
2910 West Yakima Avenue 220 South 32nd Avenue
Yakima, WA 98902 Yakima, WA 98902
1
u
11
J
1
n+c- c �
J
00 t -09
DOC.
INDEX
-j -'3
FAA
Yakima Co Health Dist
Gwen Clear
I
2200 W. Washington
LIST OF SEPA REVIEWING AGENCIES
Dept of Ecology
OD -RG, SEPA Reviewer
Union Gap, WA 98903
15 W. Yakima Ave. St. 200
Army Corps
Dept. of Natural Resources
Mr. Greg Griffith
'
PO Box c -3755
713 Bowers Rd
Div. of Archeol & Hist. Pres.
'
Seattle, WA 98124
Ellensburg, WA 98926
PO Box 48343
Yakima, WA 98901
PO Box 47703
Olympia, WA 98504 -7703
Olympia, WA 98504
,
Cascade Natural Gas
Dept of Soc /Health Service
Pacific Power
701 S. I" Ave
Capital Programs Ofc. Bldg #2
WA State Attomey Gen, Office
Yakima, WA 98902
MS OB -23B
1433 Lakeside Ct. Ste102
Yakima, WA 98902
Olympia, WA 98504
Yakima, WA 98902
Chamber of Commerce
Dept. of Health
City of Union Gap
i
10 N 9 "' St.
Michelle Vazquez
,,,
PO Box 3008
'
Yakim WA 98901
1500 W. 4 Ave. 305
Union Gap, WA 98903
ne , WA 992200 4
Spokane,
'
Dept. of T ran spo rtation
Torn McAv oy
Gary W. Pruitt
Planning Engineer
Q -West
Clean Air Authority
2809 Rudkin Road
8S.2 " `' Ave. Room 304
329 North 1" Street
,
Union Gap, WA 98903
Yakima, WA 98902
Yakima, WA 98901
West Valley School
Environmental Protection Agency
g y
District
Mr. Lee Faulconer
1200 6`'' Ave. MS 623
Attn: Peter Ansingh
Dept. of Agriculture
Seattle, WA 98101
8942 Zier Road
PO Box 42560
'
Yakima, WA 98908
Olympia, WA 98504
FAA
Yakima Co Health Dist
Gwen Clear
2200 W. Washington
1210 Ahtanum Ridge Drive
Dept of Ecology
Yakima, WA 98903
Union Gap, WA 98903
15 W. Yakima Ave. St. 200
Yakima, WA 98902
Yakima Greenway Foundation
Department of Ecology
Nob Hill Water Co
'
1 1 1 S. 18'x' St.
Environmental Review Section
6111 Tieton Drive
Yakima, WA 98901
PO Box 47703
Olympia, WA 98504 -7703
Yakima, WA 98908
Yakima School District
Chuck Hagerhjelm
Pacific Power
Superintendent
WA State Emergency Mgmt. Div.
Mike Paulson
104 N. 01 Ave
Mitigation, Analysis &Planning Mgr
500 N. Keys Rd
Yakima, WA 98902
Building 20
Camp Mun-ay, WA 98430 -5122
Yakima, WA 98901
i
Yakima Airport
Manager
2400 W. Washington Ave
Yakima, WA 98903
Yakama Indian Nation
Cultural Resources Program
Johnson Meninick, Mgr
PO Box 151
Toppenish, WA 98948
Yakima- Klickitat Fisheries Project
John Marvin
771 Pence Road
Yakima, WA 98909
DOC.
INDEX
# 6_�
Page 1 of 2
Ruth Jim Mr. Marty Miller
Yakima County Commissioners Yakama Tribal Council Office of Fann Worker Housing
PO Box 151 1400 Suminitview #203
tToppenish, WA 98948 Yakima, WA 98902
'Mr. Vern Redifer
Dept. of Archaeology & Historic
LIST OF SEPA REVIEWING AGENCIES
Yakima County Public Services
Preservation
Dept. of Fisheries
YVCOG
Yakama Indian Nation
1701 S. 24 Ave
Ahtanum Irrigation District
Transportation Planner
Environmental Protection Prog.
13.0. Box 563
311 N. 4"' Street STE 202
Moses Segouches
Yakama Indian Nation- Fisheries
Yakima, WA 98907
Yakima, WA 98901
PO Box 151
P.O. Box 3367
Toppenish, WA 98948
Toppenish, WA 98948
'
Federal Aviation Administration
Dept. of CTED
So]] Conservation Dist
John Baugh
Cayla Morgan, Airport Planner
Environmental Coordinator
Yakima Valley Museum
2105 Tieton Drive
Wastewater Division
Seattle Airports District Office
Bureau of Indian Affairs
'
Wastewater Treatment Plant
1601 Lind Ave. S.W.
PO Box 632
Renton, WA 98055 -4056
Toppenish, WA 98948
Ruth Jim Mr. Marty Miller
Yakima County Commissioners Yakama Tribal Council Office of Fann Worker Housing
PO Box 151 1400 Suminitview #203
tToppenish, WA 98948 Yakima, WA 98902
'Mr. Vern Redifer
Dept. of Archaeology & Historic
Eric Bartrand
Yakima County Public Services
Preservation
Dept. of Fisheries
PO Box 48343
1701 S. 24 Ave
'
Olympia, WA 98504 -8343
Yakima, WA 98902
Mr. Scott Nicola]
WSDOT Aviation Division
Mr. Steven Erickson
Yakama Indian Nation- Fisheries
John Shambaugh
Yakima County Planning
PO Box 151
P.O. Box 3367
Toppenish, WA 98948
Arlington, WA 98223
Dept. of CTED
So]] Conservation Dist
John Baugh
Growth Management Services
' PO Box 42525
Attn: Ray Wondercheck
1606 Peery St Suite F
Yakima Valley Museum
2105 Tieton Drive
Olympia, WA 98504 -2525
Yakima, WA 98902
Yakima, WA 98902
IJ
r
DOC.
INDEX
# C
Page 2 of
IN -HOUSE DISTRIBUTION LIST
Royale Schneider Ron Melcher Mike Antijunti
Code Administration Fire Dept. Engineering Division
Carolyn Belles Jerry Robertson
Code Administration City Legal Dept.
Code Administration
Sandy Cox, Codes City Clerk Bill Cook, CED
DECISIONS DECISIONS D
ONLY ONLY DEE
CISIONS
ONLY
For the Record /File Binder Copy
DECISIONS ONLY
Mike Shane
Water/lrrigation Div.
'
'
Office of Neighborhood
& Development
Services
'
Nathan Thompson
DECISIONS
ONLY
'
1
1
DOC.
'
INDEX
# 6.q
1
YAKIMA AVENUE
TFMTFTI-
1 M
� a i
2 v
Q � Q
F q c
4L-
x
a
w
CITY OF YA]KIMA, WASHINGTON
VICINITY MAP
FILE NO: RZ#001 -09, CL3#005 -09, SEPA#004 -09
APPLICANT: John and Patricia Tate
REQUEST: Rezone from RA to R-2 and establish
a transitional care facility.
LOCATION: 420 South 32nd Avenyue
®OC .
INDEX
Q > C1
WALNUT AVENUE
a �
x
a
a x
m
N
ARLINGTON AVENUE
N
s
s .
,a"- sso
®®l Subject Propert
Yakima City Limits
Scale — I in = 400ft
0 200 400
tate 02/11/09 '
�
N
Z
N
N
C:
O
w
w
U
ome
Driv.
_J
=
7
Z
a
x
2
In
Q
m
Z
W
Q
N
TIETON DRIVE
7f--
TIETON
IT
I
a
I Ave
m
cn
N
Webster
Ave
x
a
w
CITY OF YA]KIMA, WASHINGTON
VICINITY MAP
FILE NO: RZ#001 -09, CL3#005 -09, SEPA#004 -09
APPLICANT: John and Patricia Tate
REQUEST: Rezone from RA to R-2 and establish
a transitional care facility.
LOCATION: 420 South 32nd Avenyue
®OC .
INDEX
Q > C1
WALNUT AVENUE
a �
x
a
a x
m
N
ARLINGTON AVENUE
N
s
s .
,a"- sso
®®l Subject Propert
Yakima City Limits
Scale — I in = 400ft
0 200 400
tate 02/11/09 '
II-age 1 Ul 1
' Ibarra, Rosalinda
From: Ibarra, Rosalinda
'Sent: Wednesday, May 27, 2009 2:35 PM
To: Moore, Debbie
Subject: Legal Notice Example: John and Patricia Tate - Rezone, CL3, SEPA
' Attachments: NTC OF APPL for SEPA and HEARING - Tate, John - RZ1 -09, CL3 5 -09, SEPA4 -09_ Legal
Notice.doc
'Debbie,
Attached is the legal notice which was published for the Hearing Examiner Public Hearing on
John and Patricia Tate (RZ #001 -09, CL3 #005 -09, and SEPA #004 -09). This is an example for you to
' use for publishing the City Council hearing which will be set on June 2, 2009 for a public hearing
on June 16, 2009. The mailing labels will be delivered to you shortly. Thanks!
1
1
1
1
1
1
1
1
D ®C.
INDEX
0 G -61
&satinda 16arra
Planning Specialist
ribarra @ci.yakima.wa.us
City of Yakima
129 North 2nd Street
WA 98901
tYakima,
p: (509) 575 -6183
f: (509) 575 -6105
1
1
1
1
1
1
1
1
D ®C.
INDEX
0 G -61
AFFIDAVIT OF MAILING
STATE OF WASHINGTON
CITY OF YAKIMA
RE: RZ #001 -09, CL3 #005 -09, SEPA #004 -09
John and Patricia Tate dba Kinderhafen LLC
420 South 32nd Avenue
I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division,
have dispatched through the United States Mails, a Notice of Hearing
Examiner's Decision and Recommendation. A true and correct copy of which is
enclosed herewith; that said notice was addressed to the applicant, and parties of
record, that said property owners are individually listed on the mailing list
retained by the Planning Division, and that said notices were mailed by me on
the 191h day of Mav, 2009.
That I mailed said notices in the manner herein set forth and that all of the
statements made herein are just and true.
L -C M, A
C,
Rosalinda Ibarra
Planning Specialist
DUG
INDEX
8 G - gw
'Applicant and Parties of Interest Notified for NOTIFICATION OF HEARING EXAMINER'S DECISION
AND RECOMMENDATION dated May 19, 2009.
'Applicant: John and Patricia Tate
File: RZ#001 -09, CL3 #005 -09, SEPA #004 -09
CERTIFIED MATE,
1'
1
005 2570 0000 1372 0928
Royale Schneider
John and Patricia Tate
Kinderhafen LLC
Barge- Chestnut Neighborhood Assn.
11 North 59`h Avenue
420 South 32nd Avenue
2607 Barge Street
Yakima, WA 98908
Yakima, WA 98902
Yakima, WA 98902
NFRD
Yakima Air Terminal
Yakima Regional Clean Air Agency
c/o Cindy Noble
2400 West Washington Avenue
c/o Hasan Tahat
5607 West Arlington Street
Yakima, WA 98903
329 North ls` Street
Yakima, WA 98908
Code Administration
Yakima, WA 98901
Department of Ecology
Philip Steele
Gary Forrest
c/o Gwen Clear
34th 910 South 34 Avenue
3011 Barge Street
15 West Yakima Avenue, Ste #200
Yakima, WA 98902
Yakima, WA 98902
Yakima, WA 98902
Nathan Thompson, Codes
DECISIONS ONLY
Ralph Call
Jim Aberle
Linda Vance
2608 West Chestnut Avenue
2811 Tieton Drive
3207 Tieton Drive
Yakima, WA 98902
Yakima, WA 98902
Yakima, WA 98902
Pat Reynolds
Bill Cook, CED Dir.
2910 West Yakima Avenue
Binder Copy
DECISIONS ONLY
Yakima, WA 98902
DECISIONS ONLY
In -House Distribution List
Royale Schneider
Ron Melcher
Mike Antijunti
Mike Shane
Code Administration
Fire Dept.
Engineering Division
Water/Irrigation Div.
Carolyn Belles
City Legal Dept.
Office of Neighborhood
Code Administration
& Development Services
Jerry Robertson
For the Record /File
Nathan Thompson, Codes
DECISIONS ONLY
Code Administration
Sandy Cox, Codes
City Clerk
Bill Cook, CED Dir.
Binder Copy
DECISIONS ONLY
DECISIONS ONLY
DECISIONS ONLY
DECISIONS ONLY
DOC.
INDEX
—y c'
co
fill U �1 d�C
1. Article Addressed to:
If YES, enter delivery address below: ❑ No
ru��1f
i�
CITY OF YAKIMA
John and Patricia Tate
to
11 North 59th Avenue
3. Service Type
Yakima, WA 98908
1.:
-
M
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (EWm Fee) ❑ Yes
T
r-3
Postage
$
E3
O
certified Fee
O
0
Return Receipt Fee
(Endorsement Required)
Postmark
Hem
O
Restricted Delivery Fee
///yyy `''�G
�(,� e V r
Iti
(Endorsement Required)
/
Ili
f1J
Total Postage & Fees
54
OSen
John and Patricia Tate
f`
11 North 59th Avenue
o F
ei& Yakima, WA 98908
o Complete items 1, 2, and 3. Also complete A S'
item 4 if Restricted Delivery is desired.
E3 Print your name and address on the reverse
so that we can return the card to you. g
D Attach this card to the back of the mailpiece,
or on the front if space permits.
❑ Agent
C. Date of
1
INDEX
. I
7
J
Ll
IT I WWent from item 1? ❑ Yes
1. Article Addressed to:
If YES, enter delivery address below: ❑ No
MAY 2 6 2009
CITY OF YAKIMA
John and Patricia Tate
I
11 North 59th Avenue
3. Service Type
Yakima, WA 98908
.Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (EWm Fee) ❑ Yes
T
2. Article Number 7005 2570 0000 1372 0928
(transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595- 02 -W1540
1
INDEX
. I
7
J
Ll
6- -
Ibarra, Rosallnda
From: Ibarra, Rosalinda
Sent: Tuesday, May 19, 2009 10:33 AM
To: Brackney, Rosanne
Subject: 05 -19 -09 Website Posting: HE Decision Recommendation - Tate Rezone
Attachments: HECity TateRZ3.doc
Rosanne, please post to: http: / /www.ci.yakima.wa.us/ services /planning/hearingexaminer.asp
4�qsaCnda 16arra
Planning Specialist
ribarra@ci.yakima.wa.us
City of Yakima
129 North 2nd Street
Yakima, WA 98901
p: (509) 575 -6183
f: (509) 575 -6105
5/19/2009
DOC.
INDEX
# (a -�-
Gary M. ICufflier
ATTORNEY AT LAW
314 N. SECOND STREET
YAKIMA, WASHINGTON 98901
May 15, 2009
Yakima City Planning Division
Attn: Rosalinda
129 North Second Street
Yakima, WA 98901
Re: Hearing Examiner's Recommendation and Decision
John and Patricia Tate, RZ #001 -09, CL(3) #005 -09, SEPA #004 -09
Dear Rosalinda:
MECEIIVE®
MAY A 5 2009
CITY OF YAKHWA
PLANNING DIV.
(509) 575 -1800
FAX: (509) 452 -4601
Enclosed is the Hearing Examiner's Recommendation and Decision regarding the above -
entitled matter. The hearing was held on April 9, 2009 and the record was left open until May 1,
2009. The recommendation and decision have been issued within ten business days of May 1,
2009.
If you have any questions, please give me a call.
Very truly yours,
GARY M. CLULIER
GMC: bvv
Enclosure
cc: Vicki Adams, Yakima County Planning Department, w/ Enclosure
Pat Spurgin, City of Yakima Pro Tem. Hearing Examiner, w/ Enclosure
DOC.
INDEX
#
' NOTICE OF DECISION & RECOMMENDATION
City of Yakima
' Hearing Examiner Decision
May 19, 2009
' On April 9, 2009, the City of Yakima, Hearing Examiner, conducted a public hearing to consider
a Rezone application to rezone parcel of land from Single - Family Residential (R -1) to Two-
' Family Residential (R -2) and a Type (3) application to establish a "convalescent, nursing, and
group home" facility in the vicinity of S. 32nd Avenue & W. Tieton Drive in a Two - Family
Residential (R -2) zoning district. On May 15, 2009, the Hearing Examiner rendered his decision
' to recommend approval of the requested rezone subject to conditions and to approve the
proposed Class (3) land use subject to conditions.
' Parcel number: 181322 -44051
' City of Yakima file number: RZ# 001 -09 & CI.,(3)# 005 -09
Enclosed is a copy of the Hearing Examiner's final findings, decision, and recommendation. The
' decision may be appealed to the Yakima City Council. Such appeal shall be filed within fourteen
days following the date of mailing of this notice and shall be in writing on forms provided by the
' Planning Division along with the $295.00 appeal fee.
' The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a
public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the
public hearing.
1
For further information or assistance, you may contact Kevin Futrell, Assistant Planner, at 509-
, 575 -6164 or by email at kfutrell(d�ci.,yakima.wa.us.
CJww
J Davenport
' Planning Manager
' Encl. Hearing Examiner's Decision, Mailing Map, and Site Plan
DOC.
INDEX
`3/
HEAFJNG SIGN-IN SHEET
CITY OF YAKIMA
HEARING EXAMINER
YAKIMA CITY COUNCIL CHAMBERS
HEARING DATE: Thursday April 9, 2009
PLEASE WRITE LEGIBLY!
Please indicate which Proposal you are interested in: A or B.
IV
VMS Egg,
a '•7i4 �Ie Am
A.
RZ#001-09
420 South 32 "d Avenue
CL3#005-09
John and Patricia Tate
SEPA#004-09
usz)cl *N\
B.
CL3#003-09
Foursquare Church / Yakima Valley
1705 West Chestnut Avenue
Memorial Hospital
oc- to, CLef"ttlL, _Q_
PLEASE WRITE LEGIBLY!
Please indicate which Proposal you are interested in: A or B.
Page I
DOC.
INDEX
# 67--7
IV
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Page I
DOC.
INDEX
# 67--7
DEPART MP— T OF COMMUNITY AND ECONOMIC - -TELOPMENT
Planning Division
129 North Second Street, 2nd Floor Yakima, Washington 98901
(509) 575 -6183 o Fax (509) 575 -6105 o www.ci.yakima.wa.us
CI'T'Y OF YAKIMA
HEARING EXAMINER
AGENDA
Thursday April 9, 2009
Yakima City Hall Council Chambers
Beginning at 9:00 a.m.
I. CALL TO ORDER
II. INTRODUCTION
III. PUBLIC HEARINGS
A. JOHN A & PATRICIA J TATE (02/10/2009) RZ #001 -09
Planner: Kevin Futrell CL3 #005 -09
Address: 420 South 32"d Avenue SEPA #004 -09
Request: Rezone one parcel from R -1 to R -2 for the purpose of
establishing a transitional care facility.
(Continued from March 26, 2009)
B. FOURSQUARE CHURCH/ (01/12/09) CL3 #003 -09
MEMORIAL HOSPITAL
Planner: Alice Klein
Address: 1705 West Chestnut Avenue
Request: Establish a day care center in the ground floor of the church.
IV. ADJOURNMENT
IE you are unable to attend the hearing, you may submit your comments in writing prior to the hearing.
You may also submit written testimony at the hearing.
Yakima
MC. 04MffbCfiT
1994
m
Hearing Examiner Packet Phil Lamb
Distribution List 311 North 3",1 Street
AGENDA ONLY Yakima, WA 98901
Ben Soria
Carolyn Belles Yakima School Dist. #7
Codes 104 North 4th Street
Yakima, WA 98902
Dave Zabell Business Times
Assistant City Manager Bruce Smith
P.O. Box 2052
Yakima, WA 98907
Dick Zais Yakima Valley C.O.G.
City Manager 311 N. 411, Street STE 202
Yakima, WA 98901
KAPP TV
Codes Bulletin Board Brian Paul
P.O. Box 10208
Yakima, WA 98909 -1208
Radio KDNA
P.O. Box 800
Granger, WA 98932
KIT -KATS Radio
1
4010 Summitview, Suite 200 1
Yakima, WA 98908
KARY Radio 1
1200 Chesterly Dr. #160
Yakima Assoc. of Realtors
Ken Crockett
Yakima, WA 98902
Gov. Affairs Committee
Mike Brown
1
KIMA TV
2707 River Road
Comm. Relations
Yakima, WA 98907
Yakima, WA 98902 -1165
KNDO TV
KCYU -FOX 68
Sam Granato
David Okowski
Police Chief
1205 West Lincoln Ave.
Yakima, WA 98902
1
Pacific Power
Charlie Hines
Mike Paulson
Fire Chief
1
Yakima, WA 98909
500 N. Keys Rd.
Yakima, WA 98901
VIVA
Office of Rural FWH
Debbie Moore
Marty Miller
City Clerk
1400 Summitview #203
Yakima, WA 98902
Ben Soria
Carolyn Belles Yakima School Dist. #7
Codes 104 North 4th Street
Yakima, WA 98902
Dave Zabell Business Times
Assistant City Manager Bruce Smith
P.O. Box 2052
Yakima, WA 98907
Dick Zais Yakima Valley C.O.G.
City Manager 311 N. 411, Street STE 202
Yakima, WA 98901
KAPP TV
Codes Bulletin Board Brian Paul
P.O. Box 10208
Yakima, WA 98909 -1208
Radio KDNA
P.O. Box 800
Granger, WA 98932
KIT -KATS Radio
1
4010 Summitview, Suite 200 1
Yakima, WA 98908
KARY Radio 1
1200 Chesterly Dr. #160
1
Gary Cuillier
314 N. 2nd
Yakima, WA 98902
1
1
KIMA TV
P.O. Box 702
Yakima, WA 98907
1
KNDO TV
1
1608 S. 24th Ave
Yakima, WA 98902
1
Yakima Herald - Republic
P.O. Box 9668
1
Yakima, WA 98909
1
VIVA
P.O. Box 511
1
Toppenish, WA 98948
1
KBBO -KRSE Radio
1200 Chesterlye Dr. St. 160
Yakima, WA 98902
1
Patrick D. Spurgin
1
411 N. 2nd St.
Yakima, WA 98901
1
Gary Cuillier
314 N. 2nd
'
Street
Yakima, WA 98901
DOC. 1
INDEX
6 1
Hearing Examiner Packet
,AGENDA, STAFF REPORT,
SITE PLAN AND MAPS.........
Yakima County Planning
' County Courthouse
Binder Copy
1
1
City Legal Department
Office of Neighborhood and
Development Services
For the Record /File
Engineering
Mike Antijunti
Bill Cook
CED Director
DON'T FORGET TO SEND
ONE TO THE
APPLICANT...........
John and Patricia Tate
11 North 59th Avenue
Yakima, WA 98908
Barge- Chestnut Neighborhood
2607 Barge Street
Yakima, WA 98902
Cindy Noble
5609 West Arlington Street
Yakima, WA 98908
DOC.
INDEX
-.5
AFFIDAVIT OF MAILING
STATE OF WASHINGTON
CITY OF YAKIMA
RE: SEPA #004 -09
John and Patricia Tate
420 South 32nd Avenue
I, Rosalinda Ibarra, as an employee of the Yakima City Plarming Division, have
dispatched through the United States Mails, a Notice of Final DNS. A true and
correct copy of which is enclosed herewith; that said notice was addressed to the
applicant, listed SEPA agencies, and all interested parties of record. That said
property owners are individually listed on the mailing list retained by the
Planning Division, and that said notices were mailed by me on the 20th day of
March, 2009.
That I mailed said notices in the manner herein set forth and that all of the
statements made herein are just and true.
Rosalinda Ibarra
Planning Specialist
DOC.
INDEX
1tiLxl�rvrv� L ENGELHART ANN & MUHAMMAD CHAUDHRY ANNA T & TIMOTHY A DUFAULT
401 S 32ND AVE 420 S 34TH AVE 610 S 32ND AVE
YAKIMA, WA 98902 -3634 YAKIMA, WA 98902 YAKIMA, WA 98902
'181322 -44024
BERT & JEANETTE OTTO
YPO BOX 9552
AKIMA, WA 98909
81326 -22505
RIAN C & JENNIFER S MCCOWN
610 S 31ST AVE
IAKIMA, WA 98902
181323 -33021
BILL & GLENDA EPPERHEIMER
411 S 32ND AVE
YAKIMA, WA 98902
181323 -33018
C. L. HILL
409 S 32ND AVE
YAKIMA, WA 98902 -3634
181322 -44050
BOBBY G & LUCILLE D JONES
3301 TIETON DR
YAKIMA, WA 98902
181327 -11007
CHISTIAN EVANGELISTIC ASSEMBL=
3414 TIETON DR
YAKIMA, WA 98902
181326 -22509 181322 -44014 181322 -44042
HRISTOPHER M & DIAUN D JENSEN CRAIG D & PATRI J SUNDQUIST CRAIG D & PATRICIA J SUNDQUIS7
07 S 31ST AVE 408 S 32ND 408 S 32ND AVE
YAKIMA, WA 98902 YAKIMA 98902 YAKIMA, WA 98902
81327 -11410 181323 -33003 181326 -22502
RAIG E & CYNTHIA ELQUIST D BRUCE SIMPSON DAN R & PAMELA D HAMMONTREE
02 VOLTAIRE AVE 216 S 24TH AVE 611 S 32ND AVE
AKIMA, WA 98902, YAKIMA, WA 98902 YAKIMA, WA 98902
1
181322 -44453
RL L. TAYLOR
2 S 34TH AVE
KIMA, WA 98902 -3641
11322 -44507
DAVID HEAD
BOX 1304
KIMA, WA 98907
1327 -11412
REK A & JOAN C LA FRAMBOISE
506 S 32ND AVE
KIMA, WA 98902
1327 -11418
UGLAS D & JANETTE HEARRON
5 S 34TH AVE
.'AKIMA, WA 98902
1
.81322 -44009
ARD L STYSKEL
4 HOME DR
IMA, WA 98902
81323 -33015
ES E & MARY E ACKERMAN
S 31ST AVE
IMA, WA 98902
181327 -11404 ,
DAVID E & GAIL PARK
607 VOLTAIRE AVE
YAKIMA, WA 98902
181322 -44506
FAST DAVID HEAD
PO BOX
YAK WA 98907
181327 -11403
DAVID MD ETAL BROWN
613 VOLTAIRE AVE
YAKIMA, WA 98902 -3960
181326 -22011
DON C. DILLON
617 S 32ND AVE
YAKIMA, WA 98902 -4019
181327 -11420
EDITH DRURY MATSEN
605 S 34TH AVE
YAKIMA, WA 98902
181323 -33014
HAROLD D & SARAH R HUNTER
581 OLD NACHES HWY
YAKIMA, WA 98908 -8922
181326 -22510
JAMES G & MARY E HOPFINGER
605 S 31ST AVE
YAKIMA, WA 98902
181326 -22504
DEBORAH L WAGNER
614 S 31ST AVE
YAKIMA, WA 98902
181322 -44033
DONALD & DIANNE J
416 S 32ND AVE
YAKIMA, WA 98902
181323 -33010
EDUARDO PACHECO
402 S 31ST AVE
YAKIMA, WA 98902
WOLTERSTORFF
181326 -22004
JACQUILYN G KNIGHT
3010 TIETON DR
YAKIMA, WA 9860C.
INDEX
181326 -22009
JAMES M & JUDY M HORST
605 S 32ND AVE
YAKIMA, WA 98902
181322 -44015
JOE R & DIAN OBERSON
3305 TI- LR
Y WA 98902
181322 -44016
LANCE J & CHERYL L REESE
409 S 34TH AVE
YAKIMA, WA 98902
181322 -44025
LAWRENCE A & DOLORES ALVARADO
417 S 34TH AVE
YAKIMA, WA 98902
181322 -44048
LINDA D BENJAMIN
3207 TIETON DR
YAKIMA, WA 98902
181323 -33013
LISA M DALEY
403 S 32ND AVE #2
YAKIMA, WA 98902
181322 -44041
MARVIN GENE & JO ANN COLLIER
410 S 32ND AVE
YAKIMA, WA 98902
181322 -44049
181323 -33020
RAYMOND G & ELOISE R BLONDIN
JOSEPH & DIANE ROBERSON
JOSEPH KETTERER
'
3305 TIETON DR
412 S 31ST AVE
YAKIMA, WA 98902
YAKIMA, WA 98902
#
181327 -11497
181327 -11498
ROGER SCHMAHL
LARRY S & TH C LEFORS
LARRY S & JUDITH C LEFORS
602 S AVE
602 S 32ND AVE
,
YA WA 98902
YAKIMA, WA 98902
181322 -44012
181323 -33022
LEANNE HELEN BIRRAN
LESLIE P HEIMGARTNER
407 SO 34TH AVE
PO BOX 8173
YAKIMA, WA 98902
YAKIMA, WA 989080173
'
'
181322 -44017
181327 -11408
LINDA KIME
LINDA M BURDETTE
411 S 34TH AVE
613 VOLTAIRE AVE
YAKIMA, WA 98902 -3640
YAKIMA, WA 98902 -3960
'
181323 -33011
181327 -11409
'
MARLENE Y PARKS
MARVEL LEE
404 S 31ST AVE
606 VOLTAIRE AVE
YAKIMA, WA 98902
YAKIMA, WA 98902 -3961
'
181322 -44032
MARY A VERHEY
414 S 32ND AVE
YAKIMA, WA 98902
181322 -44046 181326 -22506
MAYRA P & N NAIDEN RIVERA MICHAEL D KAUTZMAN
404 S 3 AVE 7012 LOREN PL
Y WA 98902 YAKIMA, WA 98908
181327 -11421
MICHAEL MORALES
601 S 34TH AVE
YAKIMA, WA 98902
181322 -44026
PATRICK J & NANCY L CRABB
3311 TIETON DR
YAKIMA, WA 98902 -3657
181322 -44
RAY G NDIN
4 63RD AVE
YAKIMA, WA 98908
181327 -11407
ZICHARD JOHN & SANDRA KAYE FAIRB
316 VOLTAIRE AVE
[AKIMA, WA 98902
181326 -22007
MOISES E & MARGARITA BRAVO
3106 TIETON DR
YAKIMA, WA 98902 -3672
181326 -22503
PAUL & CHRISTINE HARBECK
616 S 31ST AVE
YAKIMA, WA 98902
181322 -44021
R ELOISE R BLONDIN
AVE
98908
181327 -11422
ROBERT C & LESLIE GAYE KORN
3308 TIETON DR
YAKIMA, WA 98902
181322 -44040
MAYRA P & JOHN N NAIDEN RIV I
404 S 32ND AVE
YAKIMA, WA 98902
181323 -33016
MICHAEL J GUNDERSON '
720 N 44TH AVE
YAKIMA, WA 98908
181327 -11419
NORMA MANTEY
611 S 34TH AVE '
YAKIMA, WA 98902 -3928
181326 -22026
QUETIN M COULTER
603 S 31ST AVE
YAKIMA, WA 98902 1
181322 -44031
RAYMOND G & ELOISE R BLONDIN
411 N 63RD AVE
YAKIMA, WA 98908
DOC.
'
INDEX
#
181322 -44038 _ �G
ROGER SCHMAHL
406 S 32ND AVE
YAKIMA, WA 98902
C1j12-44051 181322 -44027
ONALD A. KROUS SAMUEL R & ANNE ISHMAEL
20 S 32ND AVE. PO BOX 1220
YAKIMA, WA 98902 -3635 YAKIMA, WA 98907
1
t 1322 -44047 "� 181323 -33019
AN P & M WHI SON OFLINN SHIRLEY A MURPHY 09 ON DR 410 S 31ST AVE
A, WA 98902 -3656 YAKIMA, WA 98902 -3632
181322 -44037
SUMIKO M. HARRIS
�6 1/2 S 32ND AVE
KIMA, WA 98902 -3635
1323 -33012
THOMAS J & MARIA TOVAR
403 S 32ND AVE # 1
KIMA, WA 98902 -3634
181322 -44034
SUZANNE FROMHERZ
418 S 32ND AVE
YAKIMA, WA 98902
181322 -44023
THOMAS R & SHIRLEY JOLLY
413 S 34TH AVE
YAKIMA, WA 98902
181326 - 22010
SARA CEL PULLIAM�
6 AVE
98902
181326 -22006
STIG & MARIANNE MARELD
602 S 31ST AVE
YAKIMA, WA 98902
181323 -33017
TERRYL A GOECKLER
3171 SPEYERS RD
SELAH, WA 98942 -9244
181322 -44454
TIM A & SHELLY L PRICE
414 S 34TH AVE
YAKIMA, WA 98902
1326 -22501 181327 -11402 181323 -33024
LLIAM A HAMBELTON WILLIAM J GLENSKI YAKIMA VALLEY MEMORIAL HOSPIT
615 S 32ND AVE 621 VOLTAIRE AVE 2811 TIETON DR
KIMA, WA 98902 -4019 YAKIMA, WA 98902 YAKIMA, WA 98902
i
1323 -33487 181323 -33488 181323 -33509
KIMA VA MEMORIAL HOSPITAL YAKIMA VA MEMORIAL HOSPITAL YAKIMA VA SUBSI IARY LLC
11 ON DR 2811 T N DR 1301 AVE # 3500
YA MA, WA 98902 YA WA 98902 S TLE, WA 98101 -2697
84 label t+ed for map sheet tate
' v
1�
k
e\.0-
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Nc5
oc OoA
John and Patricia Tate
11 North 59th Avenue
Yakima, WA 98908
Barge- Chestnut Neighborhood
2607 Barge Street
Yakima, WA 98902
Cindy Noble
5609 West Arlington Street
Yakima, WA 98908
DOC.
INDEX IC, _ �-
Use•AveryO template 516000
OD -RG; SEPA Reviewer
Army Corps
PO Box c -3755
Seattle, WA 98124
Cascade Natural Gas
701 S. 1" Ave
Yakima, WA 98902
Chamber of Commerce
10N9 "'St.
Yakima, WA 98901
Dept. of Transportation
Planning Engineer
2809 Rudkin Road
Union Gap, WA 98903
Environmental Protection Agency
1200 6"' Ave. MS 623
Seattle. WA 98101
FAA
2200 W. Washington
Yakima, WA 98903
Yakima Greenway Foundation
1 1 1 S. 18'x' St.
Yakima, WA 98901
Yakima School District
Superintendent
104 N. 4 "' Ave
Yakima, WA 98902
Yakima Airport
Manager
2400 W. Washington Ave
Yakima, WA 98903
Ahtanum Irrigation District
P.O. Box 563
Yakima, WA 98907
Etiquettes faciles a peler
Utilisez le gabarit AVERY® 51600
Feed Paper 0====' expose Pop-Up Edger"
Dept. of Natural Resources
713 Bowers Rd
Ellensburg, WA 98926
Dept of Soc /Health Service
Capital Programs Ofc. Bldg #2
MS OB -23B
Olympia, WA 98504
Dept. of Health
Michelle Vazquez
1500 W. 4'1' Ave. St. 305
Spokane, WA 99204
Tom McAvoy
Q -West
8 S. 2"'1 Ave. Room 304
Yakima, WA 98902
West Valley School District
Attn: Peter Ansingh
8902 Zier Road
Yakima, WA 98908
Yakima Co Health Dist
1210 Ahtanum Ridge Drive
Union Gap, WA 98903
Department of Ecology
Environmental Review Section
PO Box 47703
Olympia, WA 98504 -7703
.- ---- 1,
Mr. Greg Griffith
Div. of Archeol & Hist. Pres.
PO Box 48343
Olympia, WA 98504
WA State Attorney Gen. Office
1433 Lakeside Ct. Ste102
Yakima, WA 98902
City of Union Gap
PO Box 3008
Union Gap, WA 98903
Gary W. Pruitt
Clean Air Authority
329 North 1" Street
Yakima, WA 98901
Mr. Lee Faulconer
Dept. of Agriculture
PO Box 42560
Olympia, WA 98504
Gwen Clear
Dept of Ecology
15 W. Yakima Ave. St. 200
Yakima, WA 98902
Nob Hill Water Co
6111 Tieton Drive
Yakima, WA 98908
Chuck Hagerhjelm
WA State Emergency Mgmt. Div. Pacific Power
Mike Paulson
Mitigation, Analysis & Planning Mgr
500 N. Keys Rd
Building 20
Camp Murray, WA 98430 -5122 Yakima, WA 98901
Yakama Indian Nation
Cultural Resources Program
Johnson Meninick, Mgr
PO Box 151
Toppenish, WA 98948
YVCOG
Transportation Planner
311 N. 4 "' Street STE 2 ®C. ftew
k" WA 98901
Dept. of CTED
Growth Management Services
PO Box 42525
Olympia, WA 98504 -2525
Yakama Indian Nation
Environmental Protection Prog
Moses Segouches
Ya una, PO Box 151
f✓ Toppenish, WA 98948
' Se ®de Repliez A la hachure An de
chargement r6v6ler le rebord Pop -UpTm
wwnw.avery.com
1- 800 -GO -AVERY
Easy Peel® Labels G Bend along line to AVERY@ 59607M
Use Avery® Template 51600 _ Feed Paper expose Pop-Up EdgeTu d
Federal Aviation Administration Environmental Coordinator
Cayla Morgan, Airport Planner
Mr. Doug Mayo Seattle Airports District Office Bureau of Indian Affairs
Wastewater Treatment Plant 1601 Lind Ave. S.W. PO Box 632
rRenton, WA 98055 -4056 Toppenish, WA 98948
Ruth Jim Mr. Marty Miller
ly akima County Commissioners Yakama Tribal Council Office of Farm Worker Housing
PO Box 151 1400 Summitview #203
Toppenish, WA 98948 Yakima, WA 98902
r
Mr. Vern Redifer Dept. of Archaeology & Historic Eric Bartrand
Preservation Dept. of Fisheries
Ivakia m County Public Services PO Box 48343 1701 S. 24`x' Ave
Olympia, WA 98504 -8343 Yakima, WA 98902
rMr. Scott Nicolai WSDOT Aviation Division
Mr. Steven Erickson Yakama Indian Nation - Fisheries John Shambaugh
akima County Planning PO Box 151 P.O. Box 3367
Toppenish, WA 98948 Arlington, WA 98223
I al(iiiia-Kll'ckitat Fisheries Project Soil Conservation Dist John Baugh
ohn Marvin Attn: Ray Wondercheck Yakima Valley Museum
771 Pence Road 1606 Perry St Suite F 2105 Tieton Drive
�akima, WA 98909 Yakima, WA 98902 Yakima, WA 98902
r
r �
r r\
r
DOC.
INDEX
IN -HOUSE DISTRIBUTION LIS I
Royale Schneider Ron Melcher Mike Antijunti
Code Administration Fire Dept. Engineering Division
Carolyn Belles City Legal Dept. .Terry Robertson
Code Administration Code Administration
Sandy Cox, Codes City Clerk Bill Cook, CED
DECISIONS DECISIONS Der.
ONLY ONLY DECISIONS
ONLY
For the Record /File Binder Copy
DECISIONS ONLY
C-9 0
1
i
Mike Shane
Water /Irrigation Div.
1
1
Office of Neighborhood
& Development
Services
1
Nathan Thompson
DECISIONS
ONLY
1
r
1
1
1
1
1
1
DOC.
INDEX
# _ G
1
' I�G. VJ -GV-V7 1 Gr- dl 1NULIUU. 1J1V3 - JUllll dllll rdUll:ld ZULU - I'L, I,LJ, 3rrt4 rUUHS11 J//-V. til:L:l 1... rduDG 1 U1 1
Ibarra, Rosalinda
From: Legals [legals @yakimaherald.com
]
Sent: Monday, March 16, 2009 3:47 PM
To: Ibarra, Rosalinda
Subject: Re: 03 -20 -09 Legal Notice: DNS -John and Patricia Tate - RZ,CL3, SEPA. Publish 3/20. Acct 11002
II've scheduled the attached legal notice for 3/20, for a cost of $87.23.
IOn 3/16/09 2:39 PM, "Ibarra, Rosalinda" <ribarra @ci.yakima.wa.us> wrote:
t
Please publish only once on Friday March 20, 2009.
Send affidavit of publication and invoice to: Account 11002
City of Yakima, Planning Division
129 forth 2nd Street, Yakima, WA 98901
Rosalinda Ibarra
Planning Specialist
ribarra @ci.yakima.wa.us
City of Yakima
129 North 2nd Street
Yakima, WA 98901
p: (509) 575 -6183
f: (509) 575 -6105
Simon Sizer
Legal /Obituary Clerk
Yakima Herald- Republic
'Phone: 509- 577 -7740
Fax: 509- 577 -7766
legals @yakimaherald.com
3/20/2009
DOC.
INDEX
Project Description: Rezone from Single - Family Residential to Two - Family Residential.
Determination: The lead agency for this proposal has determined that it does not have a
probable significant adverse impact on the environinent. An Environmental Impact Statement
(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a
completed envircrunental checklist and other information on file with the lead agency. This
information is available to the public on request. '
There is no corrr►nent period for this DNS
This DNS is issued after using the optional DNS process in WAC S 197 -11 -355. There is no r
further comment period on the DNS.
This DNS is issued u rider WAC § 197 -11- 340(2); the lead agency will not act on this proposal for
20 days from the date below.
Responsible Official: William Cook, Director of Community & Economic Development, 129 N.
2nd St., Yakima, WA 98901 (509)575 -6113
Date: March 20 2009 ,
You may appeal this determination to: Joan Davenport, Planning Manager, 129 N. 2nd St.,
'v Yakima, WA 98901, no later than April 3, 2009. You must submit a completed appeal application
form with the 5505 application fee. Be prepared to make specific factual objections.
There is no agency appeal.
Contact the City of Yakima, Planning Division, for information on appeal procedures. t
'
DOC.
PRESS RELEASE
WASHINGTON STATE ENVIRONMENTAL POLICY ACT
'
DETERMINATION OF NONSIGNIFICANCE
CITY OF YAKIMA, WASHINGTON
March 20, 2009
Owner /Applicant:
John & Patricia Tate, 11 N. 59th Avenue, Yakima, WA 98908
Location:
420 S. 32nd Avenue, Yakima, WA 98908
Parcel Number:
181322 -44051
Lead Agency:
City of Yakima
t
City File Number:
SEPA 4 -09
'
Current Zoning:
Single - Family Residential (R -1)
Project Description: Rezone from Single - Family Residential to Two - Family Residential.
Determination: The lead agency for this proposal has determined that it does not have a
probable significant adverse impact on the environinent. An Environmental Impact Statement
(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a
completed envircrunental checklist and other information on file with the lead agency. This
information is available to the public on request. '
There is no corrr►nent period for this DNS
This DNS is issued after using the optional DNS process in WAC S 197 -11 -355. There is no r
further comment period on the DNS.
This DNS is issued u rider WAC § 197 -11- 340(2); the lead agency will not act on this proposal for
20 days from the date below.
Responsible Official: William Cook, Director of Community & Economic Development, 129 N.
2nd St., Yakima, WA 98901 (509)575 -6113
Date: March 20 2009 ,
You may appeal this determination to: Joan Davenport, Planning Manager, 129 N. 2nd St.,
'v Yakima, WA 98901, no later than April 3, 2009. You must submit a completed appeal application
form with the 5505 application fee. Be prepared to make specific factual objections.
There is no agency appeal.
Contact the City of Yakima, Planning Division, for information on appeal procedures. t
'
DOC.
INDEX
# (� - a
'
rage toii
Ibarra, Rosalinda
From: Ibarra, Rosalinda
Sent: Friday, March 20, 2009 8:29 AM
To: Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times;
Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin
Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra,
Rosalinda; Jenny Escobar; KDNA; KIMA TV; KNDO News; KUNS -TV Univision; Lance Tormey;
Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez -
Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott Mayes;
Yakima Business Journal; Yakima Herald Republic Newspaper
Subject: 03 -20 -09 Press Release: DNS - John and Patricia Tate - RZ, CL3, SEPA
Attachments: DNS - John and Patricia Tate - RZ, CL3, SEPA Press Release.doc
Rosanne, please post to: http / /www.ci.yak n a.wa.us /s.ervices/ punning /SEPADeterm nati_ons,asp
Thanks!
1
3/20/2009
DOC.
INDEX
x - A-
Rosalinda Ibarra
Planning Specialist
6barra@ci.yakima.vva.us
Citv of Yakima
129 North 2nd Street
Yakima, XVA 98901
p: (509) 575-6183
'
f: (509) 575 -6105
1
3/20/2009
DOC.
INDEX
x - A-
NOTICE OF DETERMINATION
Washington State Environmental Policy Act (SEPA)
March 20, 2009
On February 25, 2009, the City of Yakima, Washington issued a Notice of Application and
Environmental Review regarding an application submitted by John and Patricia Tate to rezone a
parcel of land from Single - Family Residential (R -1) to Two - Family Residential (R -2). The
rezone will be in compliance with the Yakima Urban Area Comprehensive Plan's Future Land
Use Designation. The subject property is located at 420 S. 32nd Avenue, Yakima, WA.
Parcel Numbers: 181322 -44051
City File Number: EC #4 -09
Following the required 20 -day comment period, and consideration of all comments received, the
City of Yakima has issued the enclosed SEPA Threshold Determination and issuance of a
Determination of Nonsignificance (DNS). The SEPA Determination may be appealed within 14
days from the date of this mailing. The appeal period ends at 5:00 PM on April 3, 2009 Appeals
must be in writing and on forms available from the City of Yakima Planning Division, 129 N.
2nd St., Yakima, Washington, accompanied by a $505.00 appeal fee.
For further information, please contact Kevin Futrell, Assistant Planner at (509) 575 -6164.
J n Davenport
Planning Manager
Notice of Decision Mailing Date: March 20, 2009
Enclosures: SEPA Determination of Nonsignificance, Vicinity & Mailing Maps, and Site Plan
DOC.
INDEX
1 6 -
1
t
1
f
1
I�l
1
d
1
WASHINGTON STATE ENVIRONMENTAL POLICY ACT
(DETERMINATION OF NONSIGNIFICANCE
CITY OF YAIUMA, WASHINGTON
March 20, 2009
Owner /Applicant: John & Patricia Tate, 11 N. 59th Avenue, Yakima, WA 98908
Location: 420 S. 32nd Avenue, Yakima, WA 98908
Parcel Number: 181322 -44051
Lead Agency: City of Yakima
City File Number: SEPA 4 -09
Current Zoning: Single - Family Residential (R -1)
Project (Description: Rezone from Single - Family Residential to Two - Family Residential.
Determination: The lead agency for this proposal has determined that it does not have a
probable significant adverse impact on the environment. An Environmental Impact Statement
(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a
completed environmental checklist and other information on file with the lead agency. This
information is available to the public on request.
i-- There is no comment period for this DNS
ld This DNS is issued after using the optional DNS process in WAC § 197 -11 -355. There is no
further comment period on the DNS.
This DNS is issued under WAC § 197 -11- 340(2); the lead agency will not act on this proposal for
20 days from the date below.
Responsible Official: William Cook, Director of Community & Economic Development, 129 N.
2nd St., Yakima, WA 98901 (509)575 -6113
(Date: March 20, 2009 Signature:
You may appeal this determination to: Joan Davenp P Manager, 129 N. 2nd St.,
f� Yakima, WA 98901, no later than April 3, 2009. You bmit a completed appeal application
form with the $505 application fee. Be prepared to make specific factual objections.
r— There is no agency appeal.
IContact the City of Yakima, Planning Division, for information on appeal procedures.
DOG.
' INDEX �I
u
AFFIDAVIT OF MAILING i
STATE OF WASHINGTON '
CITY OF YAKIMA
RE: RZ #001 -09, CL3 #005 -09, SEPA #004 -09 '
John and Patricia Tate
420 South 32nd Avenue
I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division,
have dispatched through the United States Mails, a Notice of Application,
Environmental Review, and Public Hearing. A true and correct copy of which
is enclosed herewith; that said notice was addressed to the applicant; SEPA
reviewing agencies and all property owners of record within a radius of 500 feet
of subject property, that said property owners are individually listed on the
mailing list retained by the Plaiming Division, and that said notices were mailed
by me on the 25th day of February, 2009.
That I mailed said notices in the manner herein set forth and that all of the
statements made herein are just and true.
' �1/gah
osalinda Ibarra
Planning Specialist
.1
roc. �
INDEX
6-3d 1
t 132'3-33009
RIENNE L ENGELHART
1 S 32ND AVE
YAKIMA, WA 98902 -3634
I
181322 -44024
RT & JEANETTE OTTO
BOX 9552
KIMA, WA 98909
181326 -22505
BRIAN C & JENNIFER S MCCOWN
0 S 31ST AVE
KIMA, WA 98902
1,1326 -22509
CHRISTOPHER M &
607 S 31ST AVE
ItKIMA, WA 98902
DIAUN D JENSEN
1327 -11410
IG E & CYNTHIA ELQUIST
602 VOLTAIRE AVE
YAKIMA, WA 98902
1322 -44453
L L. TAYLOR
S 34TH AVE
YAKIMA, WA 98902 -3641
l
181322 -44507
tID D 1 0
WA 9 8 7
1
L 327 -11412
DEREK A & JOAN C LA FRAMBOISE
S 32ND AVE
.IMA, WA 98902
X 327-11418
GLAS D & JANETTE HEARRON
i15 S 34TH AVE
fIMA, WA 98902
J322-44009
ARD L STYSKEL
4 HOME DR
'AKIMA, WA 98902
At323 -33015
ES E & MARY E ACKERMAN
S 31ST AVE
IMA, WA 98902
181322 -44456
ANN & MUHAMMAD CHAUDHRY
420 S 34TH AVE
YAKIMA, WA 98902
181323 -33021
BILL & GLENDA EPPERHEIMER
411 S 32ND AVE
YAKIMA, WA 98902
181323 -33018
C. L. HILL
409 S 32ND AVE
YAKIMA, WA 98902 -3634
181327 -11002
ANNA T & TIMOTHY A DUFAULT
610 S 32ND AVE
YAKIMA, WA 98902
181322 -44050
BOBBY G & LUCILLE D JONES
3301 TIETON DR
YAKIMA, WA 98902
181327 -11007
CHISTIAN EVANGELISTIC ASSEMBL'
3414 TIETON DR
YAKIMA, WA 98902
181322 -44014
18 322 -44042
CRAIG D & PATRICIA J SUNDQUIST
CR I P A SUNDQUIS'.
408 S 32ND AVE
408 2 VE
YAKIMA, WA 98902
YAKIMA, WA 98902
181323 -33003
181326 -22502
D BRUCE SIMPSON
DAN R & PAMELA D HAMMONTREE
216 S 24TH AVE
611 S 32ND AVE
YAKIMA, WA 98902
YAKIMA, WA 98902
181327 -11404
181322 -44506
DAVID E & GAIL PARK FAST
DAVID HEAD
607 VOLTAIRE AVE
PO BOX 1304
YAKIMA, WA 98902
YAKIMA, WA 98907
181327 -11403 181326 -22504
DAVID MD ETAL BROWN DEBORAH L WAGNER
613 VOLTAIRE AVE 614 S 31ST AVE
YAKIMA, WA 98902 -3960 YAKIMA, WA 98902
181326 -22011 181322 -44033
DON C. DILLON DONALD & DIANNE J
617 S 32ND AVE 416 S 32ND AVE
YAKIMA, WA 98902 -4019 YAKIMA, WA 98902
181327 -11420 181323 -33010
EDITH DRURY MATSEN EDUARDO PACHECO
605 S 34TH AVE 402 S 31ST AVE
YAKIMA, WA 98902 YAKIMA, WA 98902
WOLTERSTORFF
181323 -33014 181326 -22004
HAROLD D & SARAH R HUNTER JACQUILYN G KNIGHT
581 OLD NACRES HWY 3010 TIETON DR
YAKIMA, WA 98908 -8922 YAKIMA, WA ��e
INDEX
181326 -22510 181326 -22001 (�1 - 3 �+
JAMES G & MARY E HOPFINGER JAMES M & J
605 S 31ST AVE 605 S 32ND AVE
YAKIMA, WA 98902 YAKIMA, WA 98902
181322 -44015
181322 -44049
181323 -33020
,
JOE R & DIANE L ROBERSON
JOSEPH & D NE q0E)RON
JOSEPH KETTERER
RIV
3305 TIETON DR
330 I
412 S 31ST AVE
YAKIMA, WA 98902
YAKIMA, WA 98902
YAKIMA, WA 98902
181322 -44016
LANCE J & CHERYL L REESE
181327 -11497
LARRY S & JUDITH C LEFORS
181327 -11498
LAR Y S UDI
r�
409 S 34TH AVE
602 S 32ND AVE
C- ORS
602 ND
YAKIMA, WA 98902
YAKIMA, WA 98902
YAKIMA, WA 98902
'AKI WA 98902
YAKIMA, WA 98908
YAKIMA, WA 98908
181322 -44025
181322 -44012
181323 -33022
LAWRENCE A & DOLORES ALVARADO
LEANNE HELEN BIRRAN
LESLIE P HEIMGARTNER
417 S 34TH AVE
407 SO 34TH AVE
PO BOX 8173
YAKIMA, WA 98902
YAKIMA, WA 98902
YAKIMA, WA 989080173
'AKIMA, WA 98902
YAKIMA, WA 98902 -3672
YAKIMA, WA 98902 -3928
181322 -44048
181322 -44017
181327 -11408
LINDA D BENJAMIN
LINDA KIME
LINDA M BURDETTE
3207 TIETON DR
411 S 34TH AVE
613 VOLTAIRE AVE
YAKIMA, WA 98902
YAKIMA, WA 98902 -3640
YAKIMA, WA 98902 -3960
181323 -33013 181323 -33011 181327 -11409
LISA M DALEY MARLENE Y PARKS MARVEL LEE
403 S 32ND AVE #2 404 S 31ST AVE 606 VOLTAIRE AVE
YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 -3961
181322 -44041
181322 -44032
181322 -44040
AARVIN GENE & JO ANN COLLIER
MARY A VERHEY
MAYRA P & JOHN N NAIDEN
RIV
410 S 32ND AVE
414 S 32ND AVE
404 S 32ND AVE
'AKIMA, WA 98902
YAKIMA, WA 98902
YAKIMA, WA 98902
r�
L81322 -44046
4A RA P JO N QEN RIVERA
181326 -22506
MICHAEL D KAUTZMAN
181323 -33016
MICHAEL J GUNDERSON
t04 S N E
7012 LOREN PL
720 N 44TH AVE
'AKI WA 98902
YAKIMA, WA 98908
YAKIMA, WA 98908
.81327 -11421
181326 -22007
181327 -11419
iICHAEL MORALES
MOISES E & MARGARITA BRAVO
NORMA MANTEY
;01 S 34TH AVE
3106 TIETON DR
611 S 34TH AVE
'AKIMA, WA 98902
YAKIMA, WA 98902 -3672
YAKIMA, WA 98902 -3928
81322 -44026
181326 -22503
181326 -22026
ATRICK J & NANCY L CRABB
PAUL & CHRISTINE HAR13ECK
QUETIN M COULTER
311 TIETON DR
616 S 31ST AVE
603 S 31ST AVE
AKIMA, WA 98902 -3657
YAKIMA, WA 98902
YAKIMA, WA 98902
81322 -44020
181322 -44021
181322 -44031
AY G BLONDIN
RAYMOND G & ELOISE R BLONDIN
RAYMOND & RLILY R BLONDIN
11 N 63RD AVE
411 N 63RD AVE
411 N 6 E
AKIMA, WA 98908 YAKIMA, WA 98908 YAKSM, WA 9890600.
INDEX
81327 -11407 181327 -11422 181322 -44038 # 6 - 3L l
ICHARD JOHN & SANDRA KAYE FAIRB ROBERT C & LESLIE GAYE KORN ROGER SCHMAHL
16 VOLTAIRE AVE 3308 TIETON DR 406 S 32ND AVE
AKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902
81322 -44051
181322 -44027
ONALD A. KROUS
SAMUEL R & ANNE ISHMAEL
420 S 32ND AVE
PO BOX 1220
rKIMA, WA 98902 -3635
YAKIMA, WA 98907
-44047
181323 -33019
EAN P & ROBIN M WHITSON OFLINN
'181322
SHIRLEY A MURPHY
209 TIETON DR
410 S 31ST AVE
YAKIMA, WA 98902 -3656
YAKIMA, WA 98902 -3632
1
181322 -44037
t AMIKO M. HARRIS
6 1/2 S 32ND AVE
KIMA, WA 98902 -3635
181323 -33012
THOMAS J & MARIA TOVAR
3 S 32ND AVE # 1
KIMA, WA 98902 -3634
1326 -22501
WILLIAM A HAMBELTON
615 S 32ND AVE
t. KIMA, WA 98902 -4019
1323 -334
2 V LEY E �11PITAL
2811 TON DR
YAKIMA, WA 98902
for map sheet tate rffc W AP/ 1
181322 -44034
SUZANNE FROMHERZ
418 S 32ND AVE
YAKIMA, WA 98902
181322 -44023
THOMAS R & SHIRLEY JOLLY
413 S 34TH AVE
YAKIMA, WA 98902
181326 -22010
SARA CELESTE PULLIAM
601 S 32ND AVE
YAKIMA, WA 98902
181326 -22006
STIG & MARIANNE MARELD
602 S 31ST AVE
YAKIMA, WA 98902
181323 -33017
TERRYL A GOECKLER
3171 SPEYERS RD
SELAH, WA 98942 -9244
181322 -44454
TIM A & SHELLY L PRICE
414 S 34TH AVE
YAKIMA, WA 98902
181327 -11402 181323 -33024
WILLIAM J GLENSKI YAKIMA VALLEY MEMORIAL HOSPIT
621 VOLTAIRE AVE 2811 TIETON DR
YAKIMA, WA 98902 YAKIMA, WA 98902
181323 -33488 181323 -33509
YAKI VALLEY HO ITAL YAKIMA VALLEY SUBSIDIARY LLC
2811 IETON�DR \� 1301 5TH AVE # 3500
YAKIMA, 98902 SEATTLE, WA 98101 -2647
labelw ted
-0- P,
a
+erg
a f
D-5 /0
John and Patricia Tate
11 forth 59th Avenue
Yakima, WA 98908
Barge- Chestnut Neighborhood
2607 Barge Street
Yakima, WA 98902
Cindy Noble
5609 West Arlington Street
Yakima, WA 98908
DOC.
INDEX
OD -RG, SEPA Reviewer
Army Corps
PO Box c -3755
Seattle, WA 98124
Cascade Natural Gas
701 S. 1" Ave
Yakima, WA 98902
Chamber of Commerce
10 N 9 "' St.
Yakima, WA 98901
Dept. of Transportation
Planning Engineer
2809 Rudkin Road
Union Gap, WA 98903
Environmental Protection Agency
1200 6 "' Ave. MS 623
Seattle, WA 98101
FAA
2200 W. Washington
Yakima, WA 98903
Yakima Greenway Foundation
111 S. 18t1, St.
Yakima, WA 98901
Yakima School District
Superintendent
104 N. 4 "' Ave
Yakima, WA 98902
Yakima Airport
Manager
2400 W. Washington Ave
Yakima, WA 98903
Dept. of Natural Resources
713 Bowers Rd
Ellensburg, WA 98926
Dept of Soc/Health Service
Capital Programs Ofc. Bldg #2
MS OB -23B
Olympia, WA 98504
Dept. of Health
Michelle Vazquez
1500 W. 4`'' Ave. St. 305
Spokane, WA 99204
Tom McAvoy
Q -West
8 S. 2" d Ave. Room 304
Yakima, WA 98902
West Valley School District
Attn: Peter Ansingh
8902 Zier Road
Yakima, WA 98908
Yakima Co Health Dist
1210 Ahtanum Ridge Drive
Union Gap, WA 98903
Department of Ecology
Environmental Review Section
PO Box 47703
Olympia, WA 98504 -7703
Mr. Greg Griffith
Div. of Archeol & Hist. Pres
PO Box 48343
Olympia, WA 98504
WA State Attorney Gen. Office
1433 Lakeside Ct. Stel02
Yakima, WA 98902
City of Union Gap
PO Box 3008
Union Gap, WA 98903
Gary W. Pruitt
Clean Air Authority
329 North 15' Street
Yakima, WA 98901
Mr. Lee Faulconer
Dept. of Agriculture
PO Box 42560
Olympia, WA 98504
Gwen Clear
Dept of Ecology
15 W. Yakima Ave. St. 200
Yakima, WA 98902
Nob Hill Water Co
6111 Tieton Drive
Yakima, WA 98908
Chuck Hagerhjelm Pacific Power
WA State Emergency Mgmt. Div. Mike Paulson
Mitigation, Analysis & Planning Mgr
Building 20 500 N. Keys Rd
Camp Murray, WA 98430 -5122 Yakima, WA 98901
Yakama Indian Nation
Cultural Resources Program
Johnson Meninick, Mgr
PO Box 151
Toppenish, WA 98948
Dept. of CTED
Growth Management Services
PO Box 42525
Olympia, WA 98504 -2525
YVCOG Yakama Indian Nation
Ahtanum Irrigation District Transportation Planner Environmental Protection Prog.
P.O. Box 563 311 N. 4"' Street STE 2 Moses Segouches
Yakima, WA 98907 Yakima, WA 98901 160C' PO Box 151
INDEX Toppenish, WA 98948
# a _3C,
CJ
1
p
u
1
1
'Mr. Doug Mayo
Wastewater Treatment Plant
Yakima County Commissioners
Mr. Vern Redifer
Yakima County Public Services
Mr. Steven Erickson
Yakima County Planning
Yakima - Klickitat Fisheries Project
John Marvin
771 Pence Road
Yakima, WA 98909
1
1
u
u
Federal Aviation Administration
Cayla Morgan, Airport Planner
Seattle Airports District Office
1601 Lind Ave. S.W.
Renton, WA 98055 -4056
Ruth Jim
Yakama Tribal Council
PO Box 151
Toppenish, WA 98948
Dept. of Archaeology & Historic
Preservation
PO Box 48343
Olympia, WA 98504 -8343
Mr. Scott Nicolai
Yakama Indian Nation - Fisheries
PO Box 151
Toppenish, WA 98948
Soil Conservation Dist
Attn: Ray Wondercheck
1606 Perry St Suite F
Yakima, WA 98902
nAc of
cv - -Oq
y �1
G' cal
a�a�l
Ave
Environmental Coordinator
Bureau of Indian Affairs
PO Box 632
Toppenish, WA 98948
Mr. Marty Miller
Office of Farm Worker Housing
1400 Summitview #203
Yakima, WA 98902
Eric Bartrand
Dept. of Fisheries
1701 S. 24'x' Ave
Yakima, WA 98902
WSDOT Aviation Division
John Shambaugh
P.O. Box 3367
Arlington, WA 98223
John Baugh
Yakima Valley Museum
2105 Tieton Drive
Yakima, WA 98902
DOC.
INDEX
-3G
Royale Schneider
Code Administration
Carolyn Belles
Code Administration
Jerry Robertson
Code Administration
Sandy Cox, Codes
DECISIONS
ONLY
In-House Distribution List
Ron Melcher
Fire Dept.
City Legal Dept.
For the
Record /File
City Clerk
DECISIONS
ONLY
Mike Antijunti
Engineering Division
Jo Da nport
Traffi ering
Bill Cook, CED
Dir.
DECISIONS
ONLY
n-{c or ArP ; S E
12-ZJ't- p�S —OG1
0 ppt� -DPI
Mike Shane
Water /Irrigation Div.
Office of
Neighborhood &
Development Services
Nathan 'Thompson
DECISIONS
ONLY
Binder Copy
DECISIONS
ONLY
DOC.
INDEX
# U -3c,
t
f]
u
LI
' Ke: •JL- LJ -t)9 Legal Notice: N LU ' '" AVFL for JbYA ana riitAK1Nu - 1aT— Jonn - L1 -Vy, l,L... rage i or 1
Ibarra, Rosalinda
From: Legals [legals @yakimaherald.com]
Sent: Monday, February 23, 2009 11:20 AM
To: Ibarra, Rosalinda
Subject: Re: 02 -25 -09 Legal Notice: NTC OF APPL for SEPA and HEARING -Tate, John - RZ1 -09, CL3 5 -09, SEPA4-
09
I've scheduled the attached legal notice for 2/25, for a cost of $248.27.
On 2/23/09 10:17 AM, "Ibarra, Rosalinda" <ribarra @ci.yakima.wa.us> wrote:
Please publish only once on Wednesday February 25, 2009.
Send affidavit of publication and invoice to: Account 11002
'
City of Yakima Planning Division
129 North 2nd Street, Yakima, WA 95901
Rosalinda Ibarra
Planning Specialist
ribarra @ci.yakima.wa.us
1 City of Yakima
r•,s r• r•,: r •.+ -,. N ry !v n..+ r.: ry >v.t 7'..1 r�
Simon SiZer
Legal /Obituary Clerk
Yakima Herald- Republic
Phone: 509-577-7740
Fax: 509- 577 -7766
legals @yakimaherald.com
2/23/2009
DOC.
INDEX
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129 North 2nd Street
Yakima, WA 98901
p: (509) 575 -6183
f: (509) 575 -6105
r•,s r• r•,: r •.+ -,. N ry !v n..+ r.: ry >v.t 7'..1 r�
Simon SiZer
Legal /Obituary Clerk
Yakima Herald- Republic
Phone: 509-577-7740
Fax: 509- 577 -7766
legals @yakimaherald.com
2/23/2009
DOC.
INDEX
# (a -3b
CITY OF'YAKIMA
NOTICE OF APPLICATION FOR ENVIRONMENTAL
REVIEW�
AND PUBLIC HEARING
::February
_ �
25,2009
To: SEIPA ,ing Agencies, Applicant, and Adjoin-
ing Property Owners
From: Joan Davenporti'Planning �anageir
Subject: Notice of Application for r an Environme-ntal.Re-
view, Rezone, & Type (3) Review
Project Location: 4�O S 32nd Av e ;Yakima;_, WA
98908
Assessor ParceiNo:,181322-44051-
Project. Applicant: John & Patricia Tate, 11 .N N. _59th
Ave., Yakima--, WA 98908
City File Numbers: RZ #1-09, CL(3) #5-09, & EC #4-
0P9r ra-
tct L Descript'ion: be City of Yakima,: Department
mmunity &;Ecbn6mic- :Dbvblbphent,:receiVed an
application' for"lan" Environmbntal,'LReview` Rezone, .&
Type
. (3)
I . R, 6- v_1,ew_ -_Th6 applicant. proposes � to'cha�nge the
zoning from -SnglelFamitytF6�idenflal to Two - Family
Residential.4k_Cla§ ,(3 itand `use_for-a" onvalikdrt
I
use: -T
hensi�
cause
t,he,Lb
tion. h
to not!
tal Policy. Act'(WAC'§ 197-11'4926) f6t4he ab6W Mated
rezpne.,.t6iiC,ft'y bfYakiiiiaha's�'r�evie'w' posed
rezond.fdr, probable aclveise 6 ' ' - nmerital impacts and
_expects jo__rl;Ssue -a D41ermiriAtkin of. on i pjfl ' ce
(DNS)" TheO0ti6fial1bNS,,,'pr , o _ cess;iriy,
isb'bing"useal;:Thi'propo . sil m inci �i
` tion
measures under applicable codes -regardless of wheth-
er --
an EIS is prepared. A copy of the subsequent thresh-
old determination may be obtained,by request. and. may
be appealed pursuant to YMC §,6.88.170, Thisl�*bp
your only ooportunity-lio�'
_PR environ-
mental impacts of the pidpp-"' rezone fi&iii
ated project. The environmental chkklist ind other ' 6-
formation are on*r file and. are --available -,to the public
upon request at the 1City';6fydkihia;.,,P .1i nind Division,
2nd floor of on this
proposal, contad,1<6itv Futrellzat-509- 576-6164 or kfu-
to operate a'!.V66VEilese6fit, "hbt§irig;--encl 'group home*
facility. at-,-this l6bati6n'..-Thq-.-d6v6lopment as
prop, ".
meets or- can -meet the City of Yaldma's, site design re=
quirerrients and the City anticipates recommending ap-
proval for the proposed use.
NOTICE OF OPEN `REC HEARING j A
public hearing:b6fore the Hearing Examiner for the Re-
zone and Type,(3) Review,will be-held on'Thursday,
April 9, 2009; at 9AM .ifi_tftei 'City of Yakima Council
Chambers, 129 North 26d Street, Yakima, WA. You are
welcome, to,attend.the, public. hearing. REQUEST FOR
WRITTEN COMMENTS: Y6ur-_4i6%;is-onJhis rezone_.are
welcome. �'Agericie's,Mribes; , "" . Pnd;t6&-
aged
tiom (for',the= Reidhe)�'.Will,pe',,'&iall6d`.4t.�iba§t�teii bu-si-
ness days', 'a'fte' 'r":th'"'e';*�,'H'eadng'.'F-Y:;a tineir clo's'e's tfi6� 06-
cord. 'The -.d6t6rrrii66ti6 ni'r and 6 - -
,. eqp99s,,,may,-be, ap-
pealed to the City':bf,YaIdma.W01n fourteen days
the data the determination -ainddebisi6hi are mailed.
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PRESS RELEASE
CITY OF YAICIMA
NOTICE OF APPLICATION FOR ENVIRONMENTAL REVIEW
AND PUBLIC HEARING
February 25, 2009
To: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners
From: Joan Davenport, Planning Manager
Subject: Notice of Application for an Environmental Review, Rezone, & Type (3) Review
NOTICE OF APPLICATION
Project Applicant: John & Patricia Tate, 11 N. 59th Avenue, Yakima, WA
Project Location: 420 S. 32nd Avenue, Yakima, WA
Assessor Parcel No: 181322 -44051
City File Numbers: RZ #1 -09, CL(3) #5 -09, & EC #4 -09
Project Description: The City of Yakima, Department of Community & Economic
Development, received an application for an Environmental Review, Rezone, & Type (3)
Review. The applicant proposes to change the zoning from Single - Family Residential to Two -
Family Residential. A Class (3) land use for a "convalescent, nursing, and group home" facility
is associated with the requested rezone. The applicant is requesting the rezone to, enable them to
apply for the "convalescent, nursing, and group home" facility as a Class (3) land use. The
proposed Rezone does not require a Comprehensive Plan Amendment to complete the Rezone,
because Two - Family Residential zoning is compatible with the Low Density Residential Future
Land Use Designation.
NOTICE OF ENVIRONMENTAL REVIEW
This is to notify private agencies with jurisdiction and environmental expertise and the public
that the City of Yakima, Planning Division, has been established as the lead agency, pursuant to
the Washington State Environmental Policy Act (WAC § 197 -11 -926) for the above stated
rezone.
The City of Yakima has reviewed the proposed rezone for probable adverse environmental
impacts and expects to issue a Determination of Nonsignificance (DNS). The Optional DNS
process in WAC § 197 -11 -355 is being used. The proposal may include mitigation measures
under applicable codes regardless of whether an EIS is prepared. A copy of the subsequent
threshold determination may be obtained by request and may be appealed pursuant to YMC §
6.88.170. This may be your only opportunity to comment on the environmental impacts of
the proposed rezone and associated project.
NOTICE OF TYPE (3) REVIEW
The Type (3) Review is required to allow the applicant to operate a "convalescent, nursing, and
group home" facility at this location. The development as proposed meets or can meet the City of
Yakima's site design requirements and the City anticipates recommending approval for the
proposed use.
REO VEST FOR WRITTEN COMMENTS
Your views on this rezone are welcome. Agencies, tribes, and the public are encouraged to
review and comment on the rezone and its probable environmental impacts. Written comments
received by March 17, 2009, will be considered prior to issuing the final SEPA Determination.
You may submit your written comment on the Class (3) land use and Rezone up until the hearing
date. Mail your comments on the proposed project to:
Joan Davenport, Planning Manager
City of Yakima
DOC.
INDEX
C-� -3c� -
PRESS RELEASE
129 N. 2nd Street
Yakima, WA 98901
The environmental checklist and other information are on file and are available to the public
upon request at the City of Yakima, Planning Division, 2nd floor of City Hall. If you have any
questions on this proposal, contact Kevin Futrell at 509 -575 -6164 or kfutrell @ci.yakima.wa.us.
Please reference the applicant's name or file number in your correspondence. (Tate - RZ #1 -09,
CL(3) #5 -09, or EC #4 -09)
NOTICE OF OPEN RECORD PUBLIC HEARING
A public hearing before the Hearing Examiner, for the Rezone and Type (3) Review, will be held
on Thursday, April 9, 2009, at 9AM in the City of Yakima Council Chambers, 129 N. 2nd
Street, Yakima, WA. You are welcome to attend the public hearing.
Required Permits /Studies: None Known
Existing Environmental Documents: None Known
Development Regulations For Project Mitigation And Consistency Include: the State
Environmental Policy Act, Yakima Urban Area Zoning Ordinance, and Yakima Urban Area
Comprehensive Plan 2025.
NOTICE OF DECISION
A copy of the Final SERA Determination will be mailed to parties of record at the end of the 20-
day comment period. The Hearing Examiner's Decision (for the Type (3) Review) and
Recommendation (for the Rezone) will be mailed at least ten business days after the Hearing
Examiner closes the record. The determination and decisions may be appealed to the City of
Yakima within fourteen days from the date the determination and decisions are mailed.
itl
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Ibarra, Rosalinda
From: Futrell, Kevin
Sent: Wednesday, February 25, 2009 8:51 AM
To: Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times;
Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin
Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra,
Rosalinda; Jenny Escobar; KDNA; KIMA TV; KNDO News; KUNS -TV Univision; Lance Tormey;
Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez -
Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott Mayes;
Yakima Business Journal; Yakima Herald Republic Newspaper
Subject: 02 -25 -09 Press Release: NTC OF APPL for SEPA and HEARING - Tate, John - RZ1 -09, CL3 5 -09,
S E PA4 -09
Attachments: NTC OF APPL for SEPA and HEARING - Tate, John - RZ1 -09, CL3 5 -09, SEPA4 -09_ Press
Release.doc
Rosanne to post to planning website at:
http_ / /vyww.ci_.ygl .1 a.wa.us /services /pllnnin- oticeofap.as_p
Essentially wars,
Kevin Futrell, J.D.
Assistant Planner
509-57.5-6164
®®C.
INDEX
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CITY OF YAKIMA
NOTICE OF APPLICATION FOR ENVIRONMENTAL REVIEW
AND PUBLIC HEARING
February 25, 2009
To: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners
From: Joan Davenport, Planning Manager
Subject: Notice of Application for an Envirommental Review, Rezone, & Type (3) Review
NOTICE OF APPLICATION
Project Applicant: John & Patricia Tate, 11 N. 59th Avenue, Yakima, WA
Project Location: 420 S. 32nd Avenue, Yakima, WA
Assessor Parcel No: 181322 -44051
City File Numbers: RZ #1 -09, CL(3) #5 -09, & EC #4 -09
Project Description: The City of Yakima, Department of Cornnunity & Economic
Development, received an application for an Environmental Review, Rezone, & Type (3)
Review. The applicant proposes to change the zoning from Single- Family Residential to Two -
Family Residential. A Class (3) land use for a "convalescent, nursing, and group home" facility
is associated with the requested rezone. The applicant is requesting the rezone to enable them to
apply for the "convalescent, nursing, and group home" facility as a Class (3) land use. The
proposed Rezone does not require a Comprehensive Plan Amendment to complete the Rezone,
because Two - Family Residential zoning is compatible with the Low Density Residential Future
Land Use Designation.
NOTICE OF ENVIRONMENTAL REVIEW
This is to notify private agencies with jurisdiction and enviromnental expertise and the public
that the City of Yakima, Planning Division, has been established as the lead agency, pursuant to
the Washington State Environmental Policy Act (WAC § 197 -11 -926) for the above stated
rezone.
The City of Yakima has reviewed the proposed rezone for probable adverse environmental
impacts and expects to issue a Detennination of Nonsignificance (DNS). The Optional DNS
process in WAC § 197 -11 -355 is being used. The proposal may include mitigation measures
under applicable codes regardless of whether an EIS is prepared. A copy of the subsequent
threshold determination may be obtained by request and may be appealed pursuant to YMC §
D ®C.
INDEX
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6.88.170. This may be your only opportunity to comment on the environmental impacts of
the proposed rezone and associated project.
NOTICE OF TYPE (3) REVIEW
The Type (3) Review is required to allow the applicant to operate a "convalescent, nursing, and
group home" facility at this location. The development as proposed meets or can meet the City of
Yakima's site design requirements and the City anticipates recommending approval for the
proposed use.
REQUEST FOR WRITTEN COMMENTS
Your views on this rezone are welcome. Agencies, tribes, and the public are encouraged to
review and comment on the rezone and its probable environmental impacts. Written comments
received by March 17, 2009, will be considered prior to issuing the final SEPA Determination.
You may submit your written comment on the Class (3) land use and Rezone up until the hearing
date. Mail your comments on the proposed project to:
Joan Davenport, Planning Manager
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
The environmental checklist and other information are on file and are available to the public
upon request at the City of Yakima, Planning Division, 2nd floor of City Hall. If you have any
questions on this proposal, contact Kevin Futrell at 509 -575 -6164 or kfutrell @ci.yakima.wa.us.
Please reference the applicant's name or file number in your correspondence. (Tate - RZ #1 -09,
CL(3) #5 -09, or EC #4 -09)
NOTICE OF OPEN RECORD PUBLIC HEARING
A public hearing before the Hearing Examiner, for the Rezone and Type (3) Review, will be held
on Thursday, April 9, 2009, at 9AM in the City of Yakima Council Chambers, 129 N. 2nd
Street, Yakima, WA. You are welcome to attend the public hearing.
Required Permits /Studies: None Known
Existing Environmental Documents: None Known
Development Regulations For Project Mitigation And Consistency Include: the State
Environmental Policy Act, Yakima Urban Area Zoning Ordinance, and Yakima Urban Area
Comprehensive Plan 2025.
NOTICE OF DECISION
A copy of the Final SEPA Determination will be mailed to parties of record at the end of the 20-
day comment period. The Hearing Examiner's Decision (for the Type (3) Review) and
Recommendation (for the Rezone) will be mailed at least ten business days after the Hearing
Examiner closes the record. The determination and decisions may be appealed to the City of
Yakima within fourteen days from the date the determination and decisions are mailed.
Encl: Written Narrative, Environmental Checklist, Mailing & Vicinity Maps, and Site Plan
DOC.
INDEX
Pro'ect Number: Date of Installation:
Site Address:
Location of Installation (Check One)
Land Use Action Sign is installed per standards described in YUAZO §
15.11.090(C).
Land Use Action Sign is installed in an alternate location on the site. Note: this
alternate location (if not pre- approved by the Code Administration and Planning
Manager) may not be acceptable by the Code Administration and Planning
Division and is subject to relocation (at the owner's expense) to a more visible
site on the property.
The alternative location is:
I hereby testify that the sign installed fully complies with the Land Use Action sign
layout specifications and installation standards, and that the sign will be maintained until
a decision has been rendered.
Applicants Name (please print)
Date
Applican Si aturd
Tel hone Number of Applicant
L
' `' e required comment period will begin when the Code Administration and Planning
Division have received the Land Use Action Sign Installation Certification. The date of
installation certificate receipt will begin the notice period. Failure to post a Land Use
Action sign and return this form in a timely manner will cause a delay in the application
review.
Please remit the above certification and deliver; FAX at 509 -575 -6105; or mail to:
City of Yakima, Code Administration and Planning Division, 129 North Second
Street, Yakima, WA 98901. DOC.
INDEX
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DEPART M 'vT OF COMMUN17T AND ECONOMIC "J'VELUPMEN7'
Planning Division
129 North Second Street, 2nd Floor Yakima, Washington 98901
(509) 575 -6183 . Fax (509) 575 -6105 . www.ci.yakima.wa.us
February 20, 2009
John Tate
t 11 N. 59th Avenue
Yakima, WA 98908
Re: Determination of Application Completeness (RZ 1 -09, CL(3) 5 -09, & EC 4 -09)
Dear Mr. Tate:
Your application to rezone a parcel of land from Single - Family Residential (R -1) to Two -
Family Residential (R -2) was received February 10, 2009. You application has been
t determined complete as of February 20, 2009; additional information may be required
throughout the application process. Continued processing of your request will include,
but is not limited to, the following actions:
' 1. Notification to adjacent property owners and SEPA agencies of the proposed
Rezone and the public hearing date for the Rezone and the Type (3) Review, legal
notice for the SEPA review and public hearings published in the Yakima Herald
Republic, and the posting of the property for the proposed Type (3) Review and
Rezone, twenty days prior to the hearing date.
2. Issuance of an environmental determination in compliance with the State
Environmental Policy Act.
3. Preparation of staff report for the proposed Rezone and Class (3) Use.
4. The public hearing before the Hearing Examiner.
5. "Closed Record" public hearing before City Council for the final decision on the
Rezone.
' 6. Notice of City Council's Decision on the Rezone and a fourteen -day appeal
period.
If you have any questions regarding this matter, please call me at 575 -6164 or e-mail me
at kfutrell @ci.yakima.wa.us.
Esse ' all rs,
Kevin Futrell
' Assistant Planner
INDEX
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JOHN AND PATFJCIA TATE
RZ#001-09, CL3#005-09, SEPA#004-09
EXHIBIT LIST
CHAPTER H
Public Comments
.0.,C 00
H-1
Comment Letter submitted by Gary Forrest
04/09/2009
H-2
Comment Letter submitted by John Tate
04/10/2009
H=3
E-mail message from Patricia Tate to Ralph Call
r
04/12/2009
H-4
Comment Letter submitted by Ralph Call
04/0/2009
� � � � � � � i � � � � �� i �� �i � � � .
PIl:N iC�v Page I of .' '
Date: Sunday, April 12, 2009 7:41 PM ,
From: Patty Tate <yakcity( Mcha rter. net>
To: ralphcall@charter.net
charter.net '
Subject: house on 32d and tieton- -from Patty tate
I Ii Raph —let's plan a time to get together and discuss a compromise on this rezoning —would like to get it '
hammered out (hopefully it won't require a hammer) early this week. I will be in the house on 32d for a good
part of the week working —' think that might be a good place to meet. Would prefer not to meet with an
entourage - -just a couple of people please, otherwise Iwe'II feel attacked. '
A couple of city folk suggested we have a formal meeting with planners, lawyers etc. Really don't think all that
drama is necessary. I'm pretty sure that we're all reasonable people and can get this figured out. It seems
that. the ambush method has been fairly effective for your organization, but that's not the way I like to do
things. So I'm going to be up front, no surprises- -want to let you all know what I'm thinking and what I am t
suggesting. Talking points below:
• We do understand where you're coming from. Those of us who have lived in Yakima most of our lives
,
have seen the changes that have taken place especially in the last 20 -25 years, are appalled, but
have been helpless to stop it. Yakima is not the town we used to know. I make a point of driving
through different streets in my neighborhood frequently looking for signs of what 1 call the "creeping
"
crud -- graffiti, broken down cars, too many people living in one house etc etc.
'
• We would like you to acknowledge where Iwe're coming from as well. The house is on a very busy
corner, not likely that any family would want to live there — certainly wouldn't want to have a cat or dog- -
aiid I am confindent we could get it rezoned if we were determined enough to go the distance. The city
is anxious to have more R -2's, and that house is perfect for the cause. Historical designation is not a
,
roadblock to rezoning — plenty of businesses have opened in "historical" houses.
• We realize that you are concerned with what could happen should we fail or quit the business. Actually
that would give me pause if I were a neighbor. I would hate to see that lovely old house turned into a
t
multifamily rness. But an empty house that is unkempt and in disprepair is a negative in any
neighborhood —more than an eyesore, it would attract break -ins, graffit, squaters etc. Actually you
could have a large family living there that could do loads of damage —the neighborhood is actually much
better off having a quiet business there with people who have a vested interest in keeping the property
t
in good order, and who care about keeping the value of the neighborhood intact.
• I think what you really need to control is the type of businesses that could be in houses like that one.
Businesses like ours can be a plus in an area like that (we would certainly keep the property better than
a few of our immediate neighbors do theirs). But th, ) wrong businesses can be problematic to say the
'
least.
• Following are some suggested compromises—
,
1. We agree that if we quit our business within 5 years, the house reverts back to R -1. If however,
we are still operating after 5 years, it becomes R -2 .
or
'
2. The house gets rezoned as R2, but any business aside from the same business that we have,
nr• ist be
'
approved by the BCNA
or '3. We retain the right to refile for unrestricted R2 zoning in 3 years.
or
4. If any house within the area you have designated as being in the BCNA concern gets rezoned,
http:i /ssoniail.charter. net /do/ mail / message/ preview?msgld= INBOXDE[.IM3267 &1 =en -US.. DOC- INDEX ,
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house becomes
R -2 with no agreements attached
We would be available to meet on Tuesday anytime afte 2, on Wednesday most of the day. Let
us know
what's convenient.
I hanks- -Patty Tate
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DOC.INDEX
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JOHN A. TATS - CONSULTING ENGINEER
11 NORTH 59th AVENUE, YAKIMA, WASHINGTON 98908
PH (509) 972 -3079 FAX (509) 972 -7920 CELL (509) 910 -7124
January 29, 2009
Regarding: Open Hearing Thursday April 9, 2009 @ 9 A.M. @ City of Yakima RECOVER
Class (3) Review
Rezone from R -1 to R -2 APR 1 ® 2009
Referencing: Kinderhafen, L.L.C.
420 South 32 °d Avenue
Yakima, WA. 98902
fl
CITY OF YAKIMA I
PLANNING DIV.
At the hearing referenced above, the conclusions and recommendations of the findings from the City of Yakima Planning
Department were read. The City of Yakima proposed acceptance of the proposal with no limitations provided the
recommendations were complied with.
We agree with these conclusions and findings as stated by the City of Yakima.
At the hearing, it was read and recorded that no objections to the proposal from homeowners acting privately were received
during the allotted comment period. At the hearing, objections were voiced from the Barge - Chestnut Homeowners
Association (BCHA).
At the hearing, a member(s) of the BCHA stated that the formation and maintenance of the BCHA was for the purpose of
opposing business within the area. At the hearing, a member(s) stated that it was not the nature of the proposed business that
was objectionable, it was the rezone from R -1 to R -2 that was objectionable. At the hearing, a member(s) of the BC14A stated
that an agreement would be acceptable similar to the one produced for the Simpson property located at 3111 Tieton Drive in
Yakima.
At the hearing, we stated that we would indeed sign a similar document if that signing was the only way the proposal could go
forward, thus placing conditions upon the use of the property when rezoned from R -1 to R -2 for the purpose of conducting
business as outlined the original proposal.
We would certainly rather not sign such an agreement unless it is indeed the only way that the proposal could go forward.
That being said, since the arguments against the proposal were solely and entirely presented by the BCHA, it can be easily
concluded that the intent of such an agreement would need to only be satisfactory to the BCHA and us, provided that it
comply with the City of Yakima conclusions and findings and is legally sound.
It is my opinion, based on the conclusions and finding of the City of Yakima and the statements from representatives of the
BCHA at the hearing, that such an agreement includes the following:
1. Since the agreement was not a requirement of the City of Yakima conclusions and findings regarding this
proposal and since the agreement would benefit only the BCHA and certainly not us, any and all costs
associated with this agreement shall be borne by the BCHA. These shall include but not be limited to drafting,
printing, submitting, recording, maintaining, legal referencing, legal filing et al.
2. Since the agreement was not a requirement of the City of Yakima conclusions and findings regarding this
proposal and since the agreement would benefit only the BCHA and certainly not us, should the entity referred
to as the BCHA cease to exist or cease to be a viable entity, then the agreement would become null and void and
the conclusions and findings of the City of Yakima would become the only limit placed upon the proposal.
3. Since the agreement was not a requirement of the City of Yakima conclusions and findings regarding the
proposal and since the agreement would benefit only the BCHA and certainly not us, then the statements made
by representatives of the BCHA should be honored. It was stated that the BCHA existed for the opposing of
business in the area. Therefore, if a new business is approved and established within the area of my proposal,
then this agreement would become null and void. Again, since the BCHA was the sole voiced opposition to my
proposal, then a like area to my proposal should be enforced for this provision. Barge Street is XXXX feet from
my property on which the proposal would be located. Since the proposal was solely opposed by the BCHA,
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then the area for the new business which would make this agreement null and void should include an area
defined by a horizontal radius from my property of XXXX feet. Further, since the BCHA was not in opposition
to the type of business proposed, our proposal for a similar/like business should not be limited to ownership of
the property by us. Therefore, should we decide to sell the property and the subsequent owner(s) decide to use
the property for the use of a similar/like business, the subsequent owner(s) should be allowed to do so without
contestation by the BCHA provided the owner(s) accepts the conditions of this agreement.
4. Since the opposition by the BCHA to our proposal was based on projected and/or future business failure on our
part and thus the unrestricted sale of an R -2 zoned property, should our proposed business remain viable for a
period of five (5) years from the day of opening, then the agreement accepted by the BCHA and us would
become null and void.
Respectfully submitted,
J Tate, P.E., S.E.
DERHAFEN -4
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APR 1 0 2009
CITY OF YAKIMA
PLANNING DIV.
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April 09, 2009
From: The Barge- Chestnut Neighborhood Association Land Use Committee
To: The City of Yakima Hearing Examiner
Re: RZ #001 -09, CL3 #005 -09, and SEPA #004 -09 concerning the property at 420 S 32nd
Ave. owned by John A & Patricia J Tate; and the associated request to rezone the
parcel from R -1 to R -2 for the purpose of establishing a transitional care facility.
My name is Gary Forrest. I live at 3011 Barge St, just 4 blocks north and 1 block east of
the property in question. I am a member of the BCNA and a member of the BCNA's
Land Use Committee.
Thank you for the opportunity to comment on this proposed rezone and the class (3)
use being proposed for the new level of zoning. The BCNA has been involved in land
use issues for the past several years. Many of us as a concerned citizens and Land Use
Committee members spent numerous hours listening to community leaders and
involved citizens discuss the merits or lack thereof of the entire Yakima Urban Area
Comprehensive Plan including the associated Zoning Ordinance. This was when these
documents were going through a mandated review in 2005 -06. We felt good about the
finished product and all of the goals and policies stated within; such as, Chapter III Goal
3.3 that is titled "Preserve Existing Neighborhoods" or Goal 3.4 titled "Restore old
neighborhoods and Revitalize Declining Neighborhoods." Goal 3.4 and its associated
Policy 3.4.4 are especially important to those of us living in these areas. Policy 3.4.4 says
"Maintain and Preserve the existing single - family residential neighborhoods of
Northeast, Southeast and Barge- Chestnut areas of the City ". These areas where singled
out because of their historical contributions to the City, the architecture represented
within and maybe some guilt because portions of the Northeast and Southeast were
given no protection in the past when they really needed it.
The BCNA is not here to argue against the merits of Mr. and Mrs. Tate's proposed
business plan that would serve a very cherished and vulnerable part of our community.
We are here to argue against placing this business in an R -1 neighborhood when it
could go most any where outside an R -1 zone. We are here to argue strongly against a
rezone of any kind. Rezones like this strip away a neighborhoods protection one layer at
a time. Mr. Tate, in his narrative on his application for a class 3 review argues under 6 -C
that "The use of the Kinderhafen facility (proposed) is consistent with the current
property zoning (R -1) of a largely residential neighborhood" We submit that if such were
the case, no rezone would be necessary. Mr. Tate continues his argument stating that
the properties to the North, West and South are zoned R -1 while to the East was a
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medical office currently zoned B -1 and then the Yakima Valley Memorial Hospital
' campus zoned R -2.
For the record, we wish to point out that the property to the East that Mr. Tate referred
to as a medical office and currently zoned B -1 has an asterisk attached to it. That
' attachment is called, City of Yakima Ordinance No. 2001 -65 (Simpson Rezone &
Development Agreement regarding 3111 Tieton Drive.) This document says that should
the Simpsons sell or dispose of the property, the zoning reverts back to R -1. We also wish
to point out that the adjacent property to the East of 3111 Tieton Drive is a parking lot
facing 31 St Ave. It is also zoned as R -1. Mr. & Mrs. Tate's property is surrounded by R -1.
' They are asking for the creation of an island and wanting to name it R -2. We don't
believe there is a shortage of R -2 zones in the City and see no need to create more. The
' Tate's have made a claim about their proposal bringing the only such facility to the
eastside of the State and as such, would lift a big and expensive travel burden from the
families needing the proposed care facility. We are certain that their claim is true.
' However, the same claim could be made if the facility was placed any where in the
City. To our knowledge, the proposal is not connected to Yakima Valley Memorial
Hospital, nor is it sponsored by Yakima Valley Memorial Hospital. What over powering
' reason is there to place such a facility in a soon to be registered historical district?
The Yakima Urban Area Zoning Ordinance Chapter 15.03.02 District and Map Overlay
Intent Statements on page 34 under B. Single - Family Residential District (R -1) says under
point 2. That it is intended to "preserve existing residential neighborhoods for detached
' single- family dwellings free from other uses to ensure the preservation of the existing
residential character...... It goes on to say "This zone is intended to afford single - family
neighborhoods the highest level of protection from encroachment by potentially
' incompatible non - residential land uses or impacts."
If the zoning change is approved to R -2, the neighborhood is now protected at an
entirely different level. And what if things don't work out for the Tate's and they move
on. The neighborhood is still here but now we have to worry about "churches,
' synagogues, temples, community centers, a meeting hall or a fraternal organization
establishing themselves on the property with only level 2 reviews instead of level 3s. Or,
someone builds a duplex with a level 1 review instead of a level 3. Or worse yet, a multi-
' family dwelling is allowed with a level 2 review instead of none being allowed in an R -1
zone.
' Regarding this proposal, we recommend that the Hearing Examiner
1. Deny the application for failure to be compatible with an R -1 neighborhood. Show us
' that "highest level of protection" that these ordinances, goals and policies so publicly
proclaim.
' Or ,
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something we could live with; a rezone standing on its own merits is not. I
Sincerely
The Barge- Chestnut Neighborhood Association Land Use Committee
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2. Direct the applicant to withdraw their application and with the help of City staff, draft
an ordinance and development agreement patterned after City Ordinance 2001 -65
that would protect the neighborhood with the parcel reverting back to R -1 should the
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Tate's business plan change, fail or is sold. Drafted properly, such an agreement is
something we could live with; a rezone standing on its own merits is not. I
Sincerely
The Barge- Chestnut Neighborhood Association Land Use Committee
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