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HomeMy WebLinkAbout2007-040 Rezone 4202 Summitview Avenue; James A. Obert ORDINANCE NO. 2007- 40 AN ORDINANCE relating to land use regulation and zoning, rezoning, with conditions, one parcel of property located at 4202 Summitview Avenue, Yakima, Washington from Single Family Residential, (R -1) to Local Business, (B- 2) as more fully described herein, and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same, James A. Obert, D C and Stephnie Obert, identified as the applicants herein WHEREAS, by application dated March 16, 2007, James A. Obert, D C and Stephnie Obert requested the rezone of Yakima County Assessor's Parcel No 181322 - 31010, located at 4202 Summitview Avenue, Yakima, Washington (hereinafter "Subject Property "), from Single Family Residential, (R -1), to Local Business, (B -2), and WHEREAS, on May 24, 2007 the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested rezone, and WHEREAS, on June 1, 2007 . the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO RZ #2 -07 and EC #5 -07, (the "recommendation ") recommending that the Subject Property be rezoned from Single Family Residential, (R -1), to Local Business, (B -2), and WHEREAS, at a closed- record public hearing held on July 17, 2007, 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 Yakima Municipal Code ( "YMC ") § 15 23 030(E) and § 15 15.040(5) 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. Section 1. The property located at 4202 Summitview Avenue, Yakima, Washington (Yakima County Assessor's Parcel No 181322- 31010), legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby rezoned from Single Family Residential, (R -1), to Local Business, (B -2) Section 2. The findings within the June 1, 2007 Hearing Examiner's Recommendation (UAZO RZ #2 -07, EC #5 -07) regarding this 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, subject to the conditions stated below, to reflect this rezone (jc)ord/James and Stephnie Obert Rezone 1 1 Section 4 The rezone granted by this ordinance is expressly conditioned on the Owner's satisfaction of the following conditions stated on page 10 of the Hearing Examiner's Recommendation a. Future development of the subject property for uses not stated in the application is subject to environmental review, traffic concurrency, plan review and building permits. All development at the site shall comply with the applicable building and fire code requirements. b. If additional development is proposed at this site in the future, all applicable development standards will be met or adjustments approved following the prescribed public notice and comment requirements Section 5. Severability 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 6. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor Section 7 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-eting and signed and approved this 7th day of August, 2007 4/ David Edier, Mayor ATTEST owe_ City Clerk Publication Date: August 10, 2007 Effective Date: September 9, 2007 (jc)ord /James and Stephnie Obert Rezone 2 1\ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting Of August 7, 2007 ITEM TITLE. Consideration of Ordinance accepting the Hearing Examiner's recommendation to approve a rezone request by James A. Obert for property located at 4202 Summitview Avenue SUBMITTED BY William R. Cook, Director, Community & Economic Development CONTACT PERSON/TELEPHONE Bruce Benson, Supervising Planner 575 -6042 SUMMARY EXPLANATION. On July 17, 2007 the City Council voted to accept the Hearing Examiner's recommendation to approve a rezone for property located in the vicinity of 4202 Summitview Avenue, Yakima, Washington Attached for your action is the ordinance that will affect this rezone from R -1, Single - Family Residential to B -2, Local Business ti Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL. IW Manager STAFF RECOMMENDATION Pass Ordinance BOARD RECOMMENDATION Hearing Examiner recommended approval of this rezone on June 7, 2007 COUNCIL ACTION ■ Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title ORDINANCE NO. 2007-40 Rezoning 4202 Summitview Avenue Grantor City of Yakima Grantee* James A. Obert, D C & Stephme Obert LEGAL DESCRIPTION: S - rto+v 9--2 T wNStif 13 1- 5q 4 18 E115FTOFE'/ 2W ZNW'/ 4NE 4SW'/ 4 &W6OFTOFE %2W' /2NE' /4SW'/4ALLLY N OF CAN EX N RD R/W PARCEL NUMBERS: 181322 -31010 I 75723 Pa 1 of 10/1 85 8/2007 10 15 03R CITY OF YAKIMA - CODES DI ORD $54 00 Yakima Co, _WA ORDINANCE NO 2007 -40 AN ORDINANCE relating to land use regulation and zoning, rezoning, with conditions, one parcel of property located at 4202 Summitview Avenue, Yakima, Washington from Single Family Residential, (R -1) to Local Business, (B- 2) as more fully described herein, and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same, James A. Obert, D C and Stephnie Obert, identified as the applicants herein WHEREAS, by application dated March 16, 2007, James A. Obert, D C and Stephnie Obert requested the rezone of Yakima County Assessor's Parcel No 181322 - 31010, located at 4202 Summitview Avenue, Yakima, Washington (hereinafter "Subject Property "), from Single Family Residential, (R -1), to Local Business, (B -2), and WHEREAS, on May 24, 2007 the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested rezone, and WHEREAS, on June 1, 2007 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO RZ #2 -07 and EC #5 -07, (the "recommendation ") recommending that the Subject Property be rezoned from Single Family Residential, (R -1), to Local Business, (B -2), and WHEREAS, at a closed- record public hearing held on July 17, 2007, 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 Yakima Municipal Code ( "YMC ") § 15.23 030(E) and § 15 15.040(5) 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. Section 1. The property located at 4202 Summitview Avenue, Yakima, Washington (Yakima County Assessor's Parcel No 181322 - 31010), legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby rezoned from Single Family Residential, (R -1), to Local Business, (B -2) Section 2. The findings within the June 1, 2007 Hearing Examiner's Recommendation (UAZO RZ #2 -07, EC #5 -07) regarding this 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, subject to the conditions stated below, to reflect this rezone. 7 1 8 0 5 r1 8 8 5 /2 72 00 2 710 15 03A (jc)ord /James and Stephnie Obert Rezone of CITY OF YAKIMA - CODES DI ORD $54 00 Yakima Co, WA Section 4. The rezone granted by this ordinance is expressly conditioned on the Owner's satisfaction of the following conditions stated on page 10 of the Hearing Examiner's Recommendation a. Future development of the subject property for uses not stated in the application is subject to environmental review, traffic concurrency, plan review and building permits All development at the site shall comply with the applicable building and fire code requirements. b. If additional development is proposed at this site in the future, all applicable development standards will be met or adjustments approved following the prescribed public notice and comment requirements. Section 5. Severability 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 6. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor Section 7 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 7 day of August, 2007 /s/ David Edler David Edler, Mayor ATTEST /s/ Deborah Moore City Clerk Publication Date: August 10, 2007 Effective Date: September 9, 2007 _ (jc)ord /James and Stephnie Obert Rezone 721a0571885/2730073101503A CITY OF YAKIMA - CODES DI ORD $54 00 Yakima Co, WA ; ? + y u yy ? ar r.w ,y ` r x k . f S . l.`a . � �,,,.0 id t >,,i S14e, -;{9 r itta, ''F 1 & f x C[ g '.. ` 40 rwiF ' w.nxesC .:. Ala 9 uue :i.y .._, ., 4 d.4'` n +'j utri a — `31 " " �Pa 11'. 4 t , , col M Parcel Parcot ,.Search a s , Parcel � FS re ation lax Rates a � r M Vt siLegal 4 ' Salesr g g� Taxes k Mapp�n ue; � , ; , !„ ar i� Parcel Number 18132231010 has an effective date of 8/13/2007 IT IS NOT ACTIVE. Legal. E 115 FT OF E1/2 W1 /2 NW1 /4 NE1 /4 SW1 /4 & W 60 FT OF E1 /2 W1/2 NE1 /4 SW1 /4 ALL LY N OF CAN EX NRDR/W EXHIBIT A r - 11 7585723 Page 4 of 15 16/18/22067 10 03A CITY OF YAKIMA - CODES DI ORD 154 60 Yakima Co, WA . . 11r11,._ 1 ------I , -------- LINCOLN AVE W Lincoln Ave ! I — I - I / ! ' i i ' -- --1 / I I 1 I 1 ij 1 , i l 1 I_____ ../._ 7 – /- [ 1-- il ili ; i , , . 1 / / / 1 ■ ' 1 1 , i ' i '1 I i 1 1 1 I F L________ t 7 i / ' 4 __I 1 / /------ ; UPLANDS WV Li 1 1-----il _._ - ' 1 1 I 1 1 I :. / 7-- ,7 / L I I 111111 I I .-',' ,_ I. ---1 T ---- 1 COOK AVE 1 . i . 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T.). ___ (3A R s, rr- -- dI7,9e 1 ■ ; 1 L Li i ! 1 - 7' - \ ( `; L , 1 I 0 / 1 , / ei- -J L__ ■ ___J j j_ , I > 1 / i 71 1 1 1 ;-_,_ , J i 1 j! -- - 7 T _ _ _ L 1,- 1 1 - / 1 r — L 1 ,! ! s,„„ - - ,, i 1 L , I/----------- _L L____[----- 1 1 / I I II 1 . — 1 ri 1--- L_— L,_ , I ---- 1 ' -- - TT 1 1 i I )-1 -1 1 ' – k 1 ! i !-----i !-- 1 -- 17 '--:\ -- 1 -(, 1 — 1 1 L'' 0 1 1 j _ J ,------ , 1 -- ' 1 _____J I _ ; _ J . '---1 ,. ,-- -- r ._! i , _ — W CHESTNUT ___ _ i 0 _1 1- 1 E r l --j I i I 1 ■ I 1 I I I r I 2 I I i _ I _i LLI ,L _ ; 1 . , DRIVE — r --- : --, 1 , ---- ----',--, , T ' , ' r ' 1 ' 1 , , , , [ [ ,, ,,i _J --] 1 1 ' Li 1 ) 1 1 - 1 , i , ,- - ] L _ , !,.. , ) ,--! 1 k ----, L -1 r r, 1 ----i ' 1 ' - -1.---- I i 1----- 11 - -i 7 ---- ' . -- - ,.. I 1 1 u 1 ------- ) 1 i I I - --I-- '--- ■vz°'‘ [ --1 I. I _____ _ ! L I , r ! - 1 ■ 1 1J 1 e4 crry OF YAKIMA, WASHINGTON V FELE NO Rezone #2-07 7 EC #5-07 MAP 7 Y • • • ow. , • *ilea I ' i t Subject Property- ( APPLICANT James A. Obert. D C I REQUEST Rezone from R--1 to B-2 DOC s. Yakima City Limits INDEX Scale - I )n = 400f1 E22r°1 --- - \ LOCATION 4202 Surnaumew Ave. # V ) \ 0 200 .tcx], ob 03/19/07 L IISOMMICIIIIMINA.012.9aVORM10414=11.11.6111114, II 110110 110 1111 Il I 1 1111 7585723 Page 5 of 15 10/18/2007 10 03A CITY OF YAKIMA - CODES DI 'ORD $54 00 Yakima Co, WA ECEI VEr) July City of Yakima, Washington 0 i 2007 Hearing Examiner's Recommendation / y K June 1, 2007 In the Matter of a Rezone Application ) Submitted by ) ) UAZO RZ #2 -07 James A. Obert, D C. & Stephnie Obert ) EC #5 -07 ) To Rezone a Parcel at 4202 Summitview ) Avenue from the R -1 Zone to the B -2 ) Zone and Environmental Review ) Introduction. The Hearing Examiner conducted a pubhc hearing on May 24, 2007, and has issued this recommendation within ten business days thereof The staff report presented by Associate Planner Mary Lovell recommended approval of the rezone application, subject to conditions Applicant James A. Obert, D C testified m favor of the proposed rezone and addressed concerns submitted m a letter received from John and Elba Richards who hve at 4308 Mary Lin Dnve and who suggested that the applicants' parcel should remain undeveloped in perpetuity No one testified m opposition to the rezone at the hearing. Summary of Recommendation. The Hearing Examiner recommends approval of this rezone by the Yakima City Council, subject to conditions Basis for Recommendation. Based upon a view of the site without anyone else present on May 23, 2007, the information contained m the staff report, exhibits, testimony and other evidence presented at an open record public hearing on May James A. Obert, D C. /Stephme Obert 1 DOC Rezone Application - from R -1 to B -2 INDEX 4202 Summ tveew - #181322-31010 UAZO RZ #2 -07 and EC #5 -07 # A 7585723 Page 6 of 15 10/16/2007 10 03A CITY OF YAKIMA - CODES DI ORD *54 00 Yakima Co, WA 24, 2007, and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordmance, the Examiner makes the following FINDINGS Applicants/Property Owners. The applicants /property owners are James A. Obert, D C and Stephnie Obert, 4202 Summitview Avenue, Yakima, Washington. Location. The Location of the requested rezone is 4202 Summitview Avenue, Yakima, Washington. The parcel number is 181322 -31010 Application. This is an application to rezone a parcel that is three- tenths of an acre m size from Single- Family Residential (R -1) to Local Business (B -2) The applicant desires to expand the Obert Chiropractic Cluuc onto the subject parcel. The cluuc is currently on the adjacent parcel to the east of the subject parcel. The two parcels would be merged mto one The expansion would allow room for services to be provided by an additional chiropractor The requested rezone would bnng the subject property into compliance with the current Professional Office designation of the property m the Comprehensive Plan. The proposed use would also be consistent with current uses along Summitview Avenue which is a fully unproved four -lane arterial street with curb, gutter and sidewalk m this location. Notices. Notices were provided in the following manner Posting of notice on property April 8, 2007 Mailing of notice of application, SEPA review & hearing. April 10, 2007 Publishing of said notice m Yakima Herald - Republic Apnl 10, 2007 Mailing of nonce of SEPA Determination (DNS) May 3, 2007 Publishing of said notice m Yakima Herald - Republic May 3, 2007 James A. Obert, D C. /Stephme Obert 2 Rezone Application - from R - to B - DOC 4202 Summitview - 4181322 -31010 INDEX UAZO RZ #2 -07 and EC #5 -07 AA 111 11 1 7585723 Page 7 of 15 10/18/2007 10 03A CITY OF YRKIMA - CODES DI ORD 00 Yakima Co, WA State Environmental Policy Act. A Determination of Nonsignificance (DNS) was issued by the City of Yakima on May 3, 2007 pursuant to the SEPA guidelines in WAC 197 -11 -355 No appeal was filed during the SEPA appeal penod which expired on May 17, 2007 Current Zoning and Land Uses. The subject parcel is zoned Single - Family Residential (R -1) It is a vacant parcel west of the parcel where a chiropractic office has been located since 1978 The characteristics of adjacent properties are Location Zoning Land Use North R -1 Residential South R -1 Residential East B -2 Chiropractic office West R -1 Residential Rezone Review Criteria. Recommendations regarding rezone applications within the Yakuna Urban Area must be based upon the following critena specified m Subsection 15 23 030(E) of the Urban Area Zoning Ordinance (UAZO) 1) The testimony at the public hearing. Associate Planner Mary Lovell and apphcant James A. Obert, D C testified m favor of the requested rezone There was no testimony offered at the heanng m opposition to the requested rezone The testimony at the hearing m favor of the rezone addressed traffic congestion, sight triangle and parkmg concerns detailed m the letter of John and Elba Richards The testimony and photographs m the record mdicated that Sumnutview Avenue operates at the best level of service (LOS A) at this location, that applicants' sign is nine feet, six inches south of the edge of the sidewalk; that applicants' signage and landscaping comply with the City's sight triangle James A. Obert, D C. /Stephme Obert 3 DOC Rezone Application - from R -1 to B -2 INDEX 4202 Stunmitview - #181322 -31010 UAZO RZ #2 -07 and EC #5 -07 ?� ifIi 7585723 Page 8 of 15 10/18/2007 18 03A CITY OF YRKIMR - CODES DI ORD $54 00 Yakima Co, WA requirements and do not obstruct the view of the dnver of a northbound vehicle waitmg at Summitview Avenue on 42 Avenue, that the clinic's patients and staff only travel about 132 feet south from Summitview Avenue on 42n Avenue before turning nght into the clinic's parking area, that all of the cluuc's patients and staff will park on the site and not on 42" Avenue, that the lawn mowing service for applicants' clinic also parks m the lot rather than on 42 Avenue, that apphcants' patients and staff have always parked m the cluuc's lot rather than on 42n Avenue since the clinic was opened m 1978, that applicants were instrumental in having parking prohibited on the west side of 42n Avenue near the clinic and m having the existing signage posted to that effect; that all of the cluuc's patients and staff will enter Sumnutview Avenue from the parking area by way of an exit driveway west of the clinic rather than by way of 42 Avenue, and that the intended expansion of the cynic will add a maximum of four vehicles per hour to the cluuc only on weekdays between the hours of 8 a.m. and 5 00 p.m. Although the letter is critical of traffic into the north driveway of the real estate office to the east and of the parking along the east side of 42 Avenue, the applicants are not responsible for that traffic or that parking. The southbound traffic to applicants' clinic is not turning left m front of northbound traffic on 42" Avenue or traveling north on 42 Avenue at all. It is not parking on 42 Avenue Although the testimony indicated that the City's Traffic Division can be contacted at least about the possibility of prohibiting parking 011 the east side of 42 Avenue, it is not known whether that would be warranted where parking is already prohibited on the west side of that street. Considenng all these circumstances, the testimony at the hearing, on balance, supported a positive recommendation regarding this rezone rather than the requirement requested m the letter that applicants' parcel proposed for rezone remain unused m perpetuity James A. Obert, D CJStephme Obert 4 Rezone Application - from R -1 to B -2 DOC 4202 Summitview - #181322 -31010 INDEX UAZO RZ #2 -07 and EC #5 -07 # / n - 7585723 1011812007 10 03A CITY OF YAKIMA - CODES DI ORD $54 00 Yak Co, WR - 2) The suitability of the property for uses permitted under the proposed zoning* The property is well suited for the range of uses permitted within the B -2 zoning distract and the adjoining property to the east has been used for such a use smce 1978 The existing Professional Office Future Land Use designation fully supports the Local Business (B -2) zoning classification. 3) Recommendations from interested agencies and departments Recommendations or comments from agencies or departments were as follows a) Agencies Recommendations or comments submitted by agencies during the SEPA comment penod were as follows (i) Washington State Department of Community, Trade and Economic Development: Receipt of documents relating to this proposed rezone is acknowledged and notice thereof has been forwarded to other State agencies b) Development Services Team Recommendations or comments from Departments that were expressed at the Development Services Team meeting held on Apnl 11, 2007 regarding the requested rezone were as follows (i) Engmeenng: Any future expansion of the building or parking lot must have an on -site stormwater system designed m accordance with the Eastern Washington Stormwater Guide The design and details together with the runoff calculations supporting the design must be submitted to the City Engineer for review Engineering requires an improved site plan per Title 15 guidelines and, at a minimum, commercial driveway approaches, ADA ramps per City standards and Title 12 requirements (ii) Water: The subject parcel is m the Nob Hill Water Association Area. (ni) Code Administration. The two parcels need to be merged together smce buildings cannot extend over property lines per Table 602 of the 2003 International Building Code The entrance and exit shall be clearly marked as such for one -way traffic One of the parking spaces shall be designated for the disabled. It shall be the closest space to the accessible James A. Obert, D C. /Stephme Obert 5 Rezone Application - from R -1 to B -2 DOC 4202 Summitview - #181322 -31010 INDEX UAZO RZ #2 -07 and EC #5 -07 111111111 1111 11 MI 01 1 11 7585723 Page 10 of 15 10/18'2007 10 03A CITY OF YAKIMA -CODES DI ORD *54 00 Yakima Co, WA entrance to the building and shall be properly signed. An adjacent access aisle shall be striped. The business will be allowed to remain open during the construction process as long as all safety barriers are m place This project will require plan review, permits and mspections before occupancy is allowed. (iv) Wastewater: There are no wastewater concerns regarding this proposal, but it will be reviewed to see if momtormg by Pretreatment will be needed. (v) Fire Department: The proposal does not appear to have any adverse effects on Fire Department operations (vi) Traffic Engmeenng: The Traffic Engmeenng Division has the following comments A) Summitview Avenue is a four -lane Principal Artenal that carries about 20,680 Average Daily Traffic, ADT (in vehicles) and has an operation Level of Service of "A" B) Since the SEPA checklist and supporting matenal cover only the rezone and not a specific buildmg or development plan for this property, no projections of traffic mipact from any possible expansion of the clinic or other development can be determined from this application. C) The intersection of North 40 Avenue and Summitview Avenue is listed on the City's Six -Year Plan for capacity and operation improvements Any future development that requires SEPA review may be asked to contribute to the planned project. D) This rezone application is not subject to review under the Transportation Capacity Management Ordinance (YMC 12 08) Subsequent development may require review under this ordinance if the new or expanded development will generate 10 or more PM Peak hour vehicle traps 4) The extent to which the proposed rezone is in compliance with and /or deviates from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the Zoning Ordinance: a) The Comprehensive Plan The applicants requested a change to the Future Land Use Map dunng the annual Comprehensive Plan amendment James A. Obert, D C. /Stephnie Obert 6 DOC Rezone Application - from R -1 to B -2 4202 Summitview - # 181322 -31010 INDEX UAZO RZ #2 -07 and EC #5 -07 7585723 Page 11 of 15 10/18/2007 10 03A CITY OF YAKIMA - CODES DI ORD $54 00 Yakima Co, WA process m 2000 from Low Density Residential to Professional Office That change was approved by the Regional Planning Commission, Joint Board and Joint City Council and County Commissioners action. It was adopted by Yakima City Council Ordinance No 2001 -04 The Future Land Use Map to Zoning Map Consistency Chart provides that the Comprehensive Plan's Professional Office designation is compatible with the Local Business (B -2) zoning district. The proposed rezone to allow B -2 uses would be in comphance with Objectives and Policies of the 1997 Comprehensive Plan such as Objective G1 1 which is to encourage the physical development of the Yakima Urban Area m a manner that enhances its image as the cultural and business center; Policy G9 4 which is to encourage commercial, industrial, office and multi -family developments to locate m distinct clusters m planned growth areas, and Policy C2 3 which is to allow and encourage small scale mixed -use retail/residentialprofessional development within neighborhoods b) The Zoning Ordinance: Section 15 03 030 of the UAZO states that the purpose of the Local Business (B -2) zoning district is to provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community and accommodate small scale commercial uses requiring high visibility and easy access to major artenals Uses charactenstic of this district include medical and dental laboratones, offices and clinics such as the chiropractic office currently located on the adjacent property The use of the subject parcel must comply with the development standards in the B -2 zoning district m the following particulars (i) Setbacks. The structure setbacks set forth in Table 5 -1 of Chapter 15 05 of the UAZO will apply at such time as the expansion of the professional office building occurs, and a merger of the two lots having James A. Obert, D C. /Stephnie Obert 7 DOC Rezone Application - from R -1 to B -2 4202 Summitview - #181322-31010 INDEX UAZO RZ #2 -07 and EC #5 -07 # f- f- 7585723 I 0111 NI I 11 II II Page 12 of 15 10/1$/2007 10 03A CITY OF YAKIMA - CODES DI ORD $54 0O Yakima Co, WA parcel numbers 181322 -31010 and 181322 -31429 will be required since a structure cannot be located over a shared property line (u) Parking: The parking requirements m Table 6 -1 of Chapter 15 06 of the UAZO are currently satisfied, but will be reevaluated when the professional office building size is increased m the future (in) Signage. A sign plan was not submitted with this application, but any signage must comply with sign standards m Chapter 15 08 of the UAZO (iv) Site Screening. Chapter 15 07 of the UAZO establishes site screening standards to provide a visual buffer between uses of different intensity, streets and structures, to reduce erosion and stormwater runoff; to protect property values, and to ehmmate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, fights, signs, buildings or parking areas Site screening requirements vary depending on the intensity of both the proposed use and its neighbors After a site visit and review of Table 7 -1 of the UAZO, it has been determined that no additional site screening is required at this time (v) Public Facilities. Adequate public water and sanitary sewer currently serve this site 5) The adequacy of public facilities such as roads, sewer, water and other required public services The subject parcel is currently served by all necessary public facihhes It fronts on Summitview Avenue which is a fully improved arterial street. The proposed rezone is an exempt activity under the Transportation Capacity Management Ordinance, but future expansion of the business or redevelopment of the site may require concurrency review if deemed necessary by the City Traffic Engineer 6) The compatibility of the proposed zone change and associated uses with neighboring land uses. The proposed rezone of the subject parcel would be compatible with the chiropractic clinic to the east that has been m operation since 1978 and would allow expansion of that clinic It would also be compatible with the real estate office to the east and other office and commercial uses along Summitview Avenue m that area. James A. Obert, D CJStephme Obert 8 DOC Rezone Apphcation - from R -1 to B -2 4202 Summitview - #181322 -31010 INDEX UAZO RZ #2 -07 and EC #5 -07 # IA _ l 111 1111 1111 I I 111 11111 II 7585723 Page 13 of 15 10118/2007 10 03A CITY OF YAKIMA - CODES DI ORD X54 00 Yakima Co, WA 7) The public need for the proposed change. The requested rezone would fulfill the public need for zoning classifications that are consistent with Comprehensive Plan designations Consistency of the Rezone with Development Regulations and with the Comprehensive Plan under the Cnteria Required by YMC 16.06.020(B) is determined by consideration of the following factors 1) The types of land uses permitted at the site m the City's Local Business (B -2) zoning district are consistent with the Comprehensive Plan's Professional Office designation for the site 2) The density of residential development or the level of development such as units per acre or other measures of density are not a factor weighing against this rezone request because the proposed use will comply with the density allowed by applicable B -2 zoning ordinance provisions 3) The availability and adequacy of infrastructure and public facilities are not an issue and support the applicants' request for approval of the rezone 4) The characteristics of the development are consistent with the B -2 zoning provisions and the applicable development regulations CONCLUSIONS 1 The Hearing Examiner has jurisdiction under Subsections 15.23 030(C) and (E) of the UAZO to make a recommendation to the Yakima City Council regarding this rezone application. 2 The public notice requirements of Chapters 15 and 16 of the Yakima Municipal Code have been satisfied. 3 This requested rezone was determined to be exempt from review under the Transportation Capacity Management Ordmance, but future expansion of the business or redevelopment of the site may require concurrency review if deemed necessary by the City Traffic Engineer James A. Obert, D C./Stephnie Obert 9 DOC Rezone Application - from R -1 to B -2 INDEX 4202 Summitview - #181322-31010 UAZO RZ #2 -07 and EC #5-07 # A — 1 f 3R 585723 ge 14 of 15 1 !ij ll u;0� OF YAKIM ORD 154 @0 4 SEPA review resulted in the issuance of a Determination of Non - significance on May 3, 2007 without any appeal being filed by May 17, 2007 5 The requested rezone satisfies the seven rezone criteria m Subsection 15 23 030(E) of the UAZO and the four consistency cntena 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. RECOMMENDATION The Hearing Exammer recommends to the Yakima City Council that this application for a rezone of one parcel from the Single - Family Residential (R -1) zoning distract to the Local Business (B -2) zoning district described m the documentation submitted for UAZO RZ #2 -07 and EC #5 -07 be APPROVED, subject to the following conditions 1) Future development of the subject property for uses not stated m the application is subject to environmental review, traffic concurrency, plan review and building penults All development at the site shall comply with applicable building and fire code requirements 2) If additional development is proposed at this site m the future, all apphcable development standards will be met or adjustments approved followmg the prescribed public notice and comment requirements DATED this 1 day of June, 2007 .c.... a.. Gary M. Cuillier, Hearing Examiner James A. Obert, D C. /Stephnie Obert 10 Rezone Application - from R -1 to B -2 DOC 4202 Summitview- #181322 -31010 INDEX UAZO RZ #2 -07 and EC #5 -07 t r\ -I r II I I II 7585723 Page 15 of 15 10/18/200? 10 03A CITY OF YAKIMA - CODES DI ORD 454 00 Yakima Co, WA JAMES A. OBERT, D.C. UAZO RZ #2 -07 EC #5 -07 EXHIBIT LIST City Council Public Hearing July 17, 2007 Applicant: James A. Obert, D.C. & Stephnie Obert File Number: UAZO RZ #2 -07, & EC #5 -07 Site Address: 4202 Summitview Ave Staff Contact: Mary Lovell, Associate Planner/ Bruce Benson, Supervising Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D DST (Development Services Team) Comments CHAPTER E SEPA (State Environmental Policy Act) CHAPTER F Application CHAPTER G Public Comments CHAPTER H Notices CHAPTER I Supplemental Information JAMES A. OBERT, D.C. EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation EXHIBIT DOCUMENT DATE AA -1 Hearing Examiner's Recommendation 6/1/07 Filed Hearing Examiner EXH V) 1 Date. (2 I - &' City of Yakima, Washington �`� � 290 Hearing Examiner's Recommendation pa o June 1, 2007 In the Matter of a Rezone Application ) Submitted by: ) ) UAZO RZ #2 -07 James A. Obert, D.C. & Stephnie Obert ) EC #5 -07 ) To Rezone a Parcel at 4202 Summitview ) Avenue from the R -1 Zone to the B -2 ) Zone and Environmental Review ) Introduction. The Hearing Examiner conducted a public hearing on May 24, 2007, and has issued this recommendation within ten business days thereof. The staff report presented by Associate Planner Mary Lovell recommended approval of the rezone application, subject to conditions. Applicant James A. Obert, D.C. testified in favor of the proposed rezone and addressed concerns submitted in a letter received from John and Elba Richards who live at 4308 Mary Lin Drive and who suggested that the applicants' parcel should remain undeveloped in perpetuity. No one testified in opposition to the rezone at the hearing. Summary of Recommendation. The Hearing Examiner recommends approval of this rezone by the Yakima City Council, subject to conditions. Basis for Recommendation. Based upon a view of the site without anyone else present on May 23, 2007; the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing on May James A. Obert, D.C. /Stephnie Obert 1 Rezone Application - from R -1 to B -2 INDEX 4202 Sunimitview - #181322 -31010 UAZO RZ #2 -07 and EC #5 -07 24, 2007; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Examiner makes the following: FINDINGS Applicants/Property Owners. The applicants /property owners are James A. Obert, D.C. and Stephnie Obert, 4202 Summitview Avenue, Yakima, Washington. Location. The location of the requested rezone is 4202 Summitview Avenue, Yakima, Washington. The parcel number is 181322- 31010. Application. This is an application to rezone a parcel that is three- tenths of an acre in size from Single- Family Residential (R -1) to Local Business (B -2). The applicant desires to expand the Obert Chiropractic Clinic onto the subject parcel. The clinic is currently on the adjacent parcel to the east of the subject parcel. The two parcels would be merged into one. The expansion would allow room for services to be provided by an additional chiropractor. The requested rezone would bring the subject property into compliance with the current Professional Office designation of the property in the Comprehensive Plan. The proposed use would also be consistent with current uses along Summitview Avenue which is a fully improved four -lane arterial street with curb, gutter and sidewalk in this location. Notices. Notices were provided in the following manner: Posting of notice on property: April 8, 2007 Mailing of notice of application, SEPA review & hearing: April 10, 2007 Publishing of said notice in Yakima Herald- Republic: April 10, 2007 Mailing of notice of SEPA Determination (DNS): May 3, 2007 Publishing of said notice in Yakima Herald- Republic: May 3, 2007 James A. Obert, D.C. /Stephnie Obert 2 Rezone Application - from R -1 to B -2 C1OC 4202 Summitview - #181322-31010 INDEX UAZO RZ #2 -07 and EC #5 -07 State Environmental Policy Act. A Determination of Nonsignificance (DNS) was issued by the City of Yakima on May 3, 2007 pursuant to the SEPA guidelines in WAC 197-11-355. No appeal was filed during the SEPA appeal period which expired on May 17, 2007. Current Zoning and Land Uses. The subject parcel is zoned Single - Family Residential (R -1). It is a vacant parcel west of the parcel where a chiropractic office has been located since 1978. The characteristics of adjacent properties are: Location Zoning Land Use North R -1 Residential South R -1 Residential East B -2 Chiropractic office West R -1 Residential Rezone Review Criteria. Recommendations regarding rezone applications within the Yakima Urban Area must be based upon the following criteria specified in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance (UAZO): 1) The testimony at the public hearing: Associate Planner Mary Lovell and applicant James A. Obert, D.C. testified in favor of the requested rezone. There was no testimony offered at the hearing in opposition to the requested rezone. The testimony at the hearing in favor of the rezone addressed traffic congestion, sight triangle and parking concerns detailed in the letter of John and Elba Richards. The testimony and photographs in the record indicated that Summitview Avenue operates at the best level of service (LOS A) at this location; that applicants' sign is nine feet, six inches south of the edge of the sidewalk; that applicants' signage and landscaping comply with the City's sight triangle James A. Obert, D.C. /Stephnie Obert 3 DO Rezone Application - from R -1 to B -2 C. 4202 Summitview - #181322 -31010 INDEX UAZO RZ #2 -07 and EC #5 -07 /1Y1 requirements and do not obstruct the view of the driver of a northbound vehicle waiting at Summitview Avenue on 42 Avenue; that the clinic's patients and staff only travel about 132 feet south from Summit -view Avenue on 42 Avenue before turning right into the clinic's parking area; that all of the clinic's patients and staff will park on the site and not on 42 Avenue; that the lawn mowing service for applicants' clinic also parks in the lot rather than on 42 Avenue; that applicants' patients and staff have always parked in the clinic's lot rather than on 42n Avenue since the clinic was opened in 1978; that applicants were instrumental in having parking prohibited on the west side of 42 Avenue near the clinic and in having the existing signage posted to that effect; that all of the clinic's patients and staff will enter Summitview Avenue from the parking area by way of an exit driveway west of the clinic rather than by way of 42 Avenue; and that the intended expansion of the clinic will add a maximum of four vehicles per hour to the clinic only on weekdays between the hours of 8:00 a.m. and 5:00 p.m. Although the letter is critical of traffic into the north driveway of the real estate office to the east and of the parking along the east side of 42 Avenue, the applicants are not responsible for that traffic or that parking. The southbound traffic to applicants' clinic is not turning left in front of northbound traffic on 42 Avenue or traveling north on 42 Avenue at all. It is not parking on 42 Avenue. Although the testimony indicated that the City's Traffic Division can be contacted at least about the possibility of prohibiting parking on the east side of 42 Avenue, it is not known whether that would be warranted where parking is already prohibited on the west side of that street. Considering all these circumstances, the testimony at the hearing, on balance, supported a positive recommendation regarding this rezone rather than the requirement requested in the letter that applicants' parcel proposed for rezone remain unused in perpetuity. James A. Obert, D.C. /Stephnie Obert 4 Rezone Application - from R -1 to B -2 DOC 4202 Summitview - #181322 -31010 INDEX UAZO RZ #2 -07 and EC #5 -07 # /1A-1 2) The suitability of the property for uses permitted under the proposed zoning: The property is well suited for the range of uses permitted w ithi n the B -2 zoning district and the adjoining property to the east has been used for such a use since 1978. The existing Professional Office Future Land Use designation fully supports the Local Business (B -2) zoning classification. 3) Recommendations from interested agencies and departments: Recommendations or comments from agencies or departments were as follows: a) Agencies: Recommendations or comments submitted by agencies during the SEPA comment period were as follows: (i) Washington State Department of Community, Trade and Economic Development: Receipt of documents relating to this proposed rezone is acknowledged and notice thereof has been forwarded to other State agencies. b) Development Services Team: Recommendations or comments from Departments that were expressed at the Development Services Team meeting held on April 11, 2007 regarding the requested rezone were as follows: (i) Engineering: Any future expansion of the building or parking lot must have an on -site stormwater system designed in accordance with the Eastern Washington Stormwater Guide. The design and details together with the runoff calculations supporting the design must be submitted to the City Engineer for review. Engineering requires an improved site plan per Title 15 guidelines and, at a minimum, commercial driveway approaches, ADA ramps per City standards and Title 12 requirements. (ii) Water: The subject parcel is in the Nob Hill Water Association Area. (iii) Code Administration: The two parcels need to be merged together since buildings cannot extend over property lines per Table 602 of the 2003 International Building Code. The entrance and exit shall be clearly marked as such for one -way traffic. One of the parking spaces shall be designated for the disabled. It shall be the closest space to the accessible James A. Obert, D.C. /Stephnie Obert 5 Rezone Application - from R -1 to B -2 DOC, 4202 Summitview - #181322 -31010 INU . UAZO RZ #2 -07 and EC #5 -07 entrance to the building and shall be properly signed. An adjacent access aisle shall be striped. The business will be allowed to remain open during the construction process as long as all safety barriers are in place. This project will require plan review, permits and inspections before occupancy is allowed. (iv) Wastewater: There are no wastewater concerns regarding this proposal, but it will be reviewed to see if monitoring by Pretreatment will be needed. (v) Fire Department: The proposal does not appear to have any adverse effects on Fire Department operations. (vi) Traffic Engineering: The Traffic Engineering Division has the following comments: A) Summitview Avenue is a four -lane Principal Arterial that carries about 20,680 Average Daily Traffic, ADT (in vehicles) and has an operation Level of Service of "A ". B) Since the SEPA checklist and supporting material cover only the rezone and not a specific building or development plan for this property, no projections of traffic impact from any possible expansion of the clinic or other development can be determined from this application. C) The intersection of North 40 Avenue and Summitview Avenue is listed on the City's Six -Year Plan for capacity and operation improvements. Any future development that requires SEPA review may be asked to contribute to the planned project. D) This rezone application is not subject to review under the Transportation Capacity Management Ordinance (YMC 12.08). Subsequent development may require review under this ordinance if the new or expanded development will generate 10 or more PM Peak hour vehicle trips. 4) The extent to which the proposed rezone is in compliance with and /or deviates from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the Zoning Ordinance: a) The Comprehensive Plan: The applicants requested a change to the Future Land Use Map during the annual Comprehensive Plan amendment James A. Obert, D.C. /Stephnie Obert 6 Rezone Application - from R -1 to B -2 D 4202 Summitview - #181322 -31010 iN EP: X UAZO RZ #2 -07 and EC #5 -07 process in 2000 from Low Density Residential to Professional Office. That change was approved by the Regional Planning Commission, Joint Board and Joint City Council and County Commissioners action. it was adopted by Yakima City Council Ordinance No. 2001 -04. The Future Land Use Map to Zoning Map Consistency Chart provides that the Comprehensive Plan's Professional Office designation is compatible with the Local Business (B -2) zoning district. The proposed rezone to allow B -2 uses would be in compliance with Objectives and Policies of the 1997 Comprehensive Plan such as Objective G1.1 which is to encourage the physical development of the Yakima Urban Area in a manner that enhances its image as the cultural and business center; Policy G9.4 which is to encourage commercial, industrial, office and multi - family developments to locate in distinct clusters in planned growth areas; and Policy C2.3 which is to allow and encourage small scale mixed -use retail/residential/professional development within neighborhoods. b) The Zoning Ordinance: Section 15.03.030 of the UAZO states that the purpose of the Local Business (B -2) zoning district is to provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community and accommodate small scale commercial uses requiring high visibility and easy access to major arterials. Uses characteristic of this district include medical and dental laboratories, offices and clinics such as the chiropractic office currently located on the adjacent property. The use of the subject parcel must comply with the development standards in the B -2 zoning district in the following particulars: (i) Setbacks: The structure setbacks set forth in Table 5 -1 of Chapter 15.05 of the UAZO will apply at such time as the expansion of the professional office building occurs, and a merger of the two lots having James A. Obert, D.C. /Stephnie Obert 7 Rezone Application - from R -1 to B -2 D C° 4202 Summitview - #181322 -31010 INDEX UAZO RZ #2 -07 and EC #5 -07 # parcel numbers 181322 -31010 and 181322 -31429 will be required since a structure cannot be located over a shared property line. (ii) Parking: The parking requirements in Table 6 -1 of Ch apter 15.06 of t e T TA 7n are currently satisfied, but will be reevaluated when the professional office building size is increased in the future. (iii) Signage: A sign plan was not submitted with this application, but any signage must comply with sign standards in Chapter 15.08 of the UAZO. (iv) Site Screening: Chapter 15.07 of the UAZO establishes site screening standards to provide a visual buffer between uses of different intensity, streets and structures; to reduce erosion and stormwater runoff; to protect property values; and to eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, buildings or parking areas. Site screening requirements vary depending on the intensity of both the proposed use and its neighbors. After a site visit and review of Table 7 -1 of the UAZO, it has been determined that no additional site screening is required at this time. (v) Public Facilities: Adequate public water and sanitary sewer currently serve this site. 5) The adequacy of public facilities such as roads, sewer, water and other required public services: The subject parcel is currently served by all necessary public facilities. It fronts on Summitview Avenue which is a fully improved arterial street. The proposed rezone is an exempt activity under the Transportation Capacity Management Ordinance, but future expansion of the business or redevelopment of the site may require concurrency review if deemed necessary by the City Traffic Engineer. 6) The compatibility of the proposed zone change and associated uses with neighboring land uses: The proposed rezone of the subject parcel would be compatible with the chiropractic clinic to the east that has been in operation since 1978 and would allow expansion of that clinic. It would also be compatible with the real estate office to the east and other office and commercial uses along Summitview Avenue in that area. James A. Obert, D.C. /Stephnie Obert 8DOC Rezone Application - from R -1 to B -2 4202 Summitview - #181322-31010 INDEX UAZO RZ #2 -07 and EC #5 -07 `# k �l_ 7) The public need for the proposed change: The requested rezone would fulfill the public need for zoning classifications that are consistent with Comprehensive Plan designations. Consistency of the Rezone with Development Regulations and with the Comprehensive Plan under the Criteria Required by YMC 16.06.020(B) is determined by consideration of the following factors: 1) The types of land uses permitted at the site in the City's Local Business (B -2) zoning district are consistent with the Comprehensive Plan's Professional Office designation for the site. 2) The density of residential development or the level of development such as units per acre or other measures of density are not a factor weighing against this rezone request because the proposed use will comply with the density allowed by applicable B -2 zoning ordinance provisions. 3) The availability and adequacy of infrastructure and public facilities are not an issue and support the applicants' request for approval of the rezone. 4) The characteristics of the development are consistent with the B - zoning provisions and the applicable development regulations. CONCLUSIONS 1. The Hearing Examiner has jurisdiction under Subsections 15.23.030(C) and (E) of the UAZO to make a recommendation to the Yakima City Council regarding this rezone application. 2. The public notice requirements of Chapters 15 and 16 of the Yakima Municipal Code have been satisfied. 3. This requested rezone was determined to be exempt from review under the Transportation Capacity Management Ordinance, but future expansion of the business or redevelopment of the site may require concurrency review if deemed necessary by the City Traffic Engineer. James A. Obert, D.C. /Stephnie Obert 9 DOC, Rezone Application - from R -1 to B -2 INDEX 4202 Summitview - #181322-31010 UAZO RZ #2 -07 and EC #5 -07 1` � -I 4. SEPA review resulted in the issuance of a Determination of Non - significance on May 3, 2007 without any appeal being filed by May 17, 2007. 5. The requested rezone satisfies the seven rezone criteria in Subsection 15.23.030(E) of the UAZO 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. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that this application for a rezone of one parcel from the Single- Family Residential (R -1) zoning district to the Local Business (B -2) zoning district described in the documentation submitted for UAZO RZ #2 -07 and EC #5 -07 be APPROVED, subject to the following conditions: 1) Future development of the subject property for uses not stated in the application is subject to environmental review, traffic concurrency, plan review and building permits. All development at the site shall comply with applicable building and fire code requirements. 2) If additional development is proposed at this site in the future, all applicable development standards will be met or adjustments approved following the prescribed public notice and comment requirements. DATED this 1 day of June, 2007. IL, Gary M. Cuillier, Hearing Examiner James A. Obert, D.C. /Stephnie Obert 10 Rezone Application - from R -1 to B -2 [)C, 4202 Summitview - #181322-31010 INDEX UAZO RZ #2 -07 and EC #5 -07 JAMES A. OBERT, D.C. EXHIBIT LIST CHAPTER A Staff Report EXHIBIT DOCUMENT DATE A -1 Staff Report 5/24/07 Filed Hearing Examiner EXH #_' 1 Date 6 I vl File# i0 A‘5-41/ City of Yakima, Washington Department of Community & Economic Development Planning Division — Staff Report MIR!.1C NEARING May 24, 2007 Rezone Application submitted by ) Staff Report James A. Obert, D.C. & Stephnie ) UAZO RZ #2 -07; EC #5 -07 Obert, property owners, for a ) Rezone of one parcel from R -1 ) (Single - family Residential) to B -2 ) Staff Contact (Local Business) and ) Mary Lovell, Associate Planner Environmental Review ) (509) 575 -6164 SUMMARY OF RECOMMENDATION. Staff recommends approval of this rezone application. From the view of the site, the matters contained in the application, Development Services Team comments, and a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, staff makes the following: FINDINGS Applicant: James A. Obert, D.C. & Stephnie Obert 4202 Summitview Avenue Yakima, WA 98908 Location: Vicinity of 4202 Summitview Avenue, Yakima WA Parcel Numbers: 181322 -31010 Application: Rezone one (1) parcel from R -1 (Single - family Residential) to B -2 (Local Business). Proposed Uses: The applicant owns the adjacent parcel to the east of the subject property. Upon approval of the rezone request, the applicant intends to merge the two properties to enable the future expansion of his chiropractic business. Approval of the rezone request will bring the subject property into compliance with the current Urban Area Zoning Ordinance Future Land Use designation. INDEX # A -1 Background: This rezone request concerns one parcel of land, which is approximately .30 acres in size. The property is located within the city of Yakima in the vicinity of 4202 Summitview Avenue. Summitview Avenue is a fully improved four -lane arterial street with curb, gutter and sidewalk. The change from residential to professional office use would be consistent with the land uses currently located along Summitview Avenue. Current zoning and Land Use The subject parcel is zoned R -1, Single- family Residential, and is currently vacant land. The applicant owns the adjacent property to the east, where a chiropractic office has been located for many years. Adjoining properties have the following characteristics: Location Zoning Land Use North R -1 Residential South R -1 Residential East B -2 Chiropractic office West R -1 Residential 1997 Yakima Urban Area Comprehensive Plan The future land use map designation for this property was changed from Low Density Residential to Professional Office in December 2000. (City of Yakima Ordinance No. 2001 -04). This rezone is compatible with the following Policies and Objectives of the 1997 Comprehensive Plan: • The Yakima Urban Area Comprehensive Plan, Future Land Use Map designates this area as being suitable for Professional Office development. The Future Land Use to Zoning Map Consistency Chart, Figure III -3, provides a guide to the compatibility of land use designations and the zoning districts. The Chart indicates that the Professional Office designation is compatible with the B -2, Local Business, zoning district. • Objective Gl: Encourage the physical development of the Yakima Urban Area in a manner that enhances its image as the cultural and business center. • Policy G9.4 - Encourage commercial, industrial, office and Multi - family developments to locate in distinct clusters in planned growth areas. • Policy C2.3: Allow and encourage small scale mixed -use retail /residential /professional development within neighborhoods. - DOC. Obert RZ #2 -7 &EC #5 -07 2 INDEX Vicinity 4202 Summitview A Yakima Urban Area Zoning Ordinance Chapter 15.03.030 states that the purpose of the B -2 zoning district is to provide areas for commercial activities outside the Central Business District that meet the retail shopping and service needs of the community and accommodate small scale commercial uses requiring high visibility and easy access to major arterials. Uses characteristic of this district include medical and dental laboratories, offices and clinics such as the chiropractic office currently located on the adjacent property. Site Design and Improvement Standards The Yakima Urban Area Zoning Ordinance at Section 15.05.010 establishes basic development requirements as minimum criteria, which must be met to assure land use compatibility and promote the public health, safety and general welfare. The applicant is seeing approval of this rezone to enable a property merger and future expansion of the chiropractic office on the adjacent parcel. The following is an overview of the proposal's compliance with the aforementioned development standards: Setbacks - Structure setbacks are required by the UAZO (Table 5 -1). The subject parcel is currently vacant. The setback requirements will apply at such time as the expansion of the professional office building occurs. Parking — Parking requirements are listed in Chapter 15.6 (Table 6 -1) of the UAZO. Additional parking is not needed at this time, but will re reevaluated when the professional office building size is increased in the future. Signage - A sign plan was not submitted with this application. Any proposed signage shall confoim to sign standards as set forth in Chapter 15.08 of the Yakima Urban Area Zoning Ordinance. Site screening — Chapter 15.07 of the Yakima Urban Area Zoning Ordinance establishes site screening standards to provide a visual buffer between uses of different intensity, streets and structure, reduce erosion and stotlu water runoff, protect property values and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, litter, noise, glare, lights, signs, building or parking areas. Site screening requirements vary depending on the intensity of both the proposed use and its neighbors. After a site visit and review of Table 7 -1 of the UAZO, it has been determined that no additional site screening is required at this time. Public facilities - Adequate public water and sanitary sewer currently serve this site. Chapter 15.23.030 Rezone criteria Within the Yakima Urban Area, recommendations for approval of rezone applications are governed by seven criteria specified in Section 15.23.030 YMC. DOC Obert RZ #2 -7 &EC #5 -07 3 INDEX Vicinity 4202 Summitview # A —' 1. Testimony at public hearing. To be considered by the Hearing Examiner. 2. Suitability of property for proposed use. The property is well suited for the range of uses permitted within the B -2 zoning district. 3. Recommendations from interested agencies. No agencies have registered any recommendations concerning this rezone. 4. Compliance with the Comprehensive Plan. During the annual Comprehensive Plan amendment process in 2000, the applicant requested a change to the future and use map from Low Density Residential to Professional Office. The Regional Planning Commission, Joint Board, and the Joint City Council and County Commissioners approved the amendment to Professional Office. The Yakima City Council adopted Ordinance No. 2001 -04 authorizing the change to the Future Land Use map. 5. Adequacy of public utilities. This property is currently served by all necessary public utilities. The subject parcel has street frontage on Summitview Avenue, a fully improved arterial street. 6. Compatibility of proposed use. The proposed use of the subject property to expand a professional office is compatible with the goals and objectives of the Urban Area Zoning Ordinance. 7. Public Need This rezone fulfills the public need for zoning regulations that are consistent with the City's Comprehensive Plan. Development Services Team comments A Development Services Team meeting was held on April 11, 2007 to discuss the technical aspects of this proposal. The following is a summary of the comments received from DST members: Engineering: Any future expansion of building and/or the parking lot must have an on- site stormwater system designed in accordance with the Eastern Washington Stoiniwater Guide. The design and details together with the runoff calculations supporting the design must be submitted to the City Engineer for review. Engineering requires an improved site plan per Title 15 guidelines. As a minimum commercial driveway approaches, ADA ramps per City of Yakima standards and Title 12 requirements. Water: 4202 Summitview Avenue is in the Nob Hill Water Association area. No comments. DOC, Obert RZ #2 -7 &EC #5 -07 4 INDEX Vicinity 4202 Summitview # Code Administration: The two properties will need to be merged together since buildings cannot extend over property lines per Table 602 of the 2003 International Building Code. The entrance and exit shall be clearly marked as such for one -way traffic. One of the parking spaces shall he designated for the disabled. It shall he the closest space to the accessible entrance to the building and be properly signed. An adjacent access aisle shall be striped. The business will be allowed to remain open during the construction process as long as all safety barriers are in place. This project will require plan review, permits and inspections before occupancy is allowed. Wastewater: No Wastewater concerns regarding this project. Will review to see if they need to be monitored by Pretreatment. Fire Department: This project would not appear to have any adverse effects on Fire Department operations. Traffic Engineering: 1. Summitview Avenue is a 4 -lane Principal Arterial that carries approximately 20,680 Average Daily Traffic, ADT (in vehicles) and has an operation Level of Service of "A ". 2. The SEPA checklist and supporting material cover only the rezone and not a specific building or development plan for this property. Therefore, no projections of traffic impact from any possible expansion of the clinic or other development can be determined from this application. 3. The intersection of North 40th Avenue and Summitview Avenue is listed on the City of Yakima 6 -Year Plan for capacity and operation improvements. Any future development that requires a SEPA review may be asked to contribute to the planned project. 4. The rezone application is not subject to review under the Transportation Capacity Ordinance (YMC 12.08). Subsequent development may require review under this ordinance if the new or expanded development will generate 10 or more PM Peak hour vehicle trips. State of Washington Department of Community, Trade and Economic Development We have forwarded a copy of this notice to other state agencies. If this is a draft amendment, adopted amendments should be sent to CTED within ten days of adoption and to any other state agencies who commented on the draft. Transportation Capacity Management Ordinance This proposal is an exempt activity under the Transportation Capacity Management Ordinance. Future expansion of the business or redevelopment of the site may require concurrency review if deemed necessary by the City Traffic Engineer. DOC. INDEX Obert RZ #2 -7 SEC #5 -07 5 # A -\ Vicinity 4202 Summitview ' \ �•.- - State Environmental Policy Act A Determination of Nonsignificance (DNS) was issued by the City of Yakima on May 3, 2007. This determination was based on SEPA guidelines (WAC 197 -11 -355). The anneal nerinri ended nn May 17 2(1(17 rr � r �, Public Notice Notice for the hearing was provided in accordance with the UAZO requirements in the following manner: Mailing of Notice of Application, Environmental Review and Hearing April 10, 2007 Legal Ad published — Hearing Notice April 10, 2007 Posting of Property April 8, 2007 Mailing of SEPA decision notice May 3, 2007 Legal Ad published —SEPA Determination May 3, 2007 During the comment period one letter was received in opposition to the rezone application. On May 9, 2007 the applicant submitted supplemental information in response to the objections raised in the comment letter. Conclusions The Division of Environmental Planning for the City of Yakima, Washington has reviewed this rezone request and offers the following conclusions: 1. The Hearing Examiner has jurisdiction to issue a recommendation to the City Council on this rezone application. 2. No adverse impacts have been identified from granting approval to this rezone request. 3. Adequate public services are in place to meet the utility and access requirements of this proposal. 4. Testimony at the hearing should be considered in determining whether this proposal is compatible with the surrounding land uses. 5. SEPA review resulted in the issuance of a DNS on May 3, 2007. 6. The proposed rezone is consistent with the future land use map designation of Professional Office. The property is located in a mixed -use commercial and residential area of the city. 7. This rezone meets the seven criteria specified in Section 15.23.030 YMC for approving the rezone. DOC Obert RZ #2 -7 &EC #5 -07 6 }ND` Vicinity 4202 Summitview P\-\ 8. All agencies and city departments indicate that public services are available to the site and this rezone would not create any difficulties for infrastructure. 9. All public notice requirements of YMC Chapters 15 and 16 have been completed. Recommendation The Division of Environmental Planning recommends that this rezone from R -1 (Single - Family Residential) to B -2 (Local Business) be approved subject to the following conditions: • Future development of the subject property for uses not stated in the application is subject to environmental review, traffic concurrency, plan review and building permits. All development at the site shall comply with applicable building and fire code requirements. • If additional development is proposed at this site in the future, all applicable development standards will be met or adjustments approved following the prescribed public notice and comment requirements. 000. ObertRZ #2 -7 &EC #5 -07 7 INDEX Vicinity 4202 Summitview 1 JAMES A. OBERT, D.C. EXHIBIT LIST CHAPTER B Maps EXHIBIT DOCUMENT DATE B -1 Maps 3/19/07 Filed Hearing Examiner EXH #Date 3- 161 4 ' 7 File # 1Zy0- o1),C2 4=11.11 I _1_ AN F=- — a, till i ,... o) LINCOLN AVE _ -- W Lincoln Ave a a \ c„\\N y � S / y UPLANDS WY ‘-'' ' ) o./ DR 11111 „, Z Q .1111 / z COOK AVE a Z C • VALANCHE AVE S O r it ,..., 1111 / QB MA IR AVF r J/ m 1 x a a a° z Z SUM TVIFW AVFNI IF SUMMITVIEW AVE �-- SUMMITVIEW AVE [10 U ALPINE WY U , a . 114 \ \ KENNY ARYLIN DRIVE x w z 1. a~Jaaa ,�-�-I a L . ■ a 11 1111 a \ a �� 11 � /u a a a x� ____ _ _ \ UU �n o RARG., ` a a a �/ ST \ ~ /1 2 2 ■ 9 Z ellitta 2 1-- m 0 E]I I J ) _ / WEST WAY -- ��JLLL���C� r z a i i=_] �a1 a a o N a a I \ W CHESTNUT DRIVE I • - N O �` -- DRAKE ORIVF AS4' ) N CITY OF YAKIMA, WASHINGTON 4` � e< p e t. VICINITY MAP ° o„ FILE NO: Rezone #2 -07 7 EC #5 -07 APPLICANT: James A. Obert, D.C. / Subj ect Property REQUEST: Rezone from R-4 to B-2 1)0(` Yakima City Limits = INDEX ” Scale — Iin =400ft LOCATION: 4202 Summitview Ave. g �� '�■ xr 0 200 400 ... .. ...... ..._ - ,,.._. _ _, , Obert 03/19/07 \ \ �L I J I -__ I 1 I E I 7 ----- __ LINCOLN AVE W Lincoln Ave — 1 I A # ‘, Y a \ a L 2 a q UPLANDS WY / I I L a Iv � / \ a / - Da . 1111 o a z ¢ cv \ \\ 4111 N COOK AVE a / z J AVALANCHE AVE �\ 111111 \ ' 1 DB �I 111 MA IR AVF oGNT q 4N . 23470 : .9 '.. 24438 24519 24436 24435 24473 /\ Rp > �. / / m I \/ .1.' r / KNORFI I.VF F_ — 11 a a 3401 z 24439 24440 24441 24442 24443 24444 z /\ �\ iwil a m 23400' ` 24450 24449 24448 24447 24446 24445 244891 mil � '24488 SIIMM TVIFW AVENUE jITVIEW AVE ' �r�y� +C SUM VIEW AVE — las. .1010 - 5 31034 3112 31429 I 1036 [Jura ` AL k E WY 32552 \�` 31014 \ 31006 ! f 31011 31411 \ KENNY - ____ 55 31040 31007 M 3 M ARYLIN DRIVE 31 12 ' 31037 w a�l C r j - -- - - -- z ` � 3 55 4 3255 310 S LL�� ¢ j 32541 1 4 \\ \ w \� l a �a1016 31j 416 31413 314 �. > [ _ - 1017 31415 409 t w 417 al a . ! ,' � „31018, BAR N L_ f` " N\) fE / rgF a\ ); a' \T Z .12, 7 0 rJ�J / �(WEST WAY — -- a �a ¢ ° -aaaQ �-- -- Z a l - 1 \ W CHESTNUT DRIVE _ -- I I I 1 ( --. I _— 1------1 I I nRAKF �--I> I �\ �`� ) CITY OF YAKIIVIA, WASHINGTON Property Notices FILE NO: Rezone #2 -07 7 EC #5 -07 APPLICANT: James A. Obert, D.C. REQUEST: Rezone from R-1 to B-2 Subject Site N LOCATION: 4202 Summitview Ave. Li iicr PARCELNUMBER(S):18132231010 > ® ®y� 5 �' _ Scale ■ —lin = 400fi o ffi� d 0 200 400 Obert 03/19/07 Rezone #2 -07 7 EC #5 -07 - SR Suburban kntial James A. Obert, D.C. R -1 Single- Fan- Residential R-2 Two -Family Residential Rezone from R -1 to B -2 am R-3 Multi - Family Residential 1 = B1 Professional Business MI B-2 Local Business . Ls_ 1 4202 Summitview Ave. `� Historical Burner —! SCC Small Convenience Center ME LCC Large Convenience Cotter I E ' ♦, Subject ,.. .I Ell Central Business District ,( • CBDS CBD Support 11111 City Limits 1 1 M-1 Light Industrial MI M-2 Heavy Industrial l INC UL N AV[ W L inn oln A. Y 0 4 %t SLti 1 q ' A URLANbS WV 04 9 4 , l ' 9 1( D V i z • EOM AVE z AJA; AN , R AV IWASAVE SyI.1 5,,, t.,r, < < KNOREL AVE IN a ' Z V SUMMITVl1 W AVE SLAW' T VIE W AVF IN EW il ii II 7 ; T A I .. —.` L PINE W Y � KENN 4:: i___.; MARVLIN DRIVE 1 CZ I. .� r — k., I _ & F- F ; =I z h _� — _ 1 — -- __ Z E Ij I___� _ j l ._ I �— I __ - 11 - _ -.___ A -- r___,...___..„ r__, __,,..._ 1 'T I r 1 I ; 1 — 1 r __________I 1111 1 — 1 _ ! ! I !— ► ----- 11 —. __ j ___ I _1__ W LHESTN.i1 DRIVE Scale -1 in = 400e City of Yakima, Washington . • 0 200 400 3 ' � ��( �� �� • Obert ' March 19 2007 �ii..N . •� !f ms's. • •.- .. _ (` ` • • ll . . +• • w 4a _ - • � ' - • •- - . I '(_ .y fit P. j� ---411 • I - a r., + . ♦' U.:-4.6:1!* •, UPLAND SYW �� • • , t om' • r • , r - '�. � ' wfw *� l ¢ t ,. I or 11 ' 4 - r 1 t - AVALANCNE AV*,, f v _. ; # . ' 0 , . 11 i: It & & * im. rtr . L . 111101011. AVEr4 4 . MMIT VIfW AVENUE • -. 1VWW AVE _ � 6UMEAITVIEVtAVE, _ f E \ - 10 p-- • t l • '( 111' • • . it . . 4 _ t .z. - - , -.1. ... - 1._ > • / ' _ .Mf : ...... a •A �• !+ ^ .+ r « ' I - . . • - g. 1 • r. r . / .rR � i M /any %. f } . 06 . 111 ■ S w i • CITY OF YAKIMA, WASHINGTON Scale - tin =400ti manalNal Information Services - GIS o 2(X0 400 . FILE NO: Rezone #2 -07 7 EC #5 -07 APPLICANT: James A. Obert, D.C. A/ Subject Property REQUEST: Rezone from R-1 to B-2 Yakima City Limits 4 \ # ' Z -. ) .-- \ LOCATION: 4202 Summitview Ave. .. (Thar OR 19'0; 4305 4301 4207 1 4201 I ,5 Current I Yakima I Water & Sewer w Zoning -L 4 _ 8. 0�0 6 . 0 0 _ - 4404 a 4310 4306 4302 4208 4206 4202 1 CURRENT ZONING I N Water Lines 4406 Z SR Suburban Residential - - 1 -1--2- _ �__ 4 2 , __ 4207 4205 4203 22 14 1 4 R-1 Single- Family Residential N Sewer Lines 4305 4309 4201 4405 4403 R-2 Two - Family Residential I 1 Irrigation Main R-3 Multi-Family esidential I I VIEW AVE SUM y MITVIEW AVE 1 2 . 0 0 SUMMI 4303 B 1 Professional Business 41411.1111104i I B-2 Local Business ' ' 1;1 : ' 4112 III 4106 III HB Historical Business 4413 4409 4405 4401 4305 SCC Small Convenience Center N INE WY 4303 LPl ma �y," ' � 4307 4301 109 . LCC Large Convenience Center N�wY $ 4400 41(}4 II CBD Central Business District « Md R'8IN - MARYLIN DRIVE 4201 i - 4008 4404 4308 CBDS CBD Support d -- 107 M-1 Light Industrial $ OpI 4306 4304 4302 4208 105 - ■ M-2 Heavy Industrial I ' __ _ I i + r N Subject Site 1 4206 103 t � 1 - 4 10 430 ( 9 I FILE NO: Rezone N2 -077 EC A5 -07 4215 4213 4209 1 J I APPLICANT: James A. O6ezt, D.C. w- *. • - i Future J ' 1111. __- • j, • Digital • Land Use F �y I `• ' 0 0 . . . Orthophoto w Q •, Mosaic of Digital _ t 1 , '� e. p j ! - •i,. s up" Mosaic flown 0 ho Digit I— P F . l 1 i R. I �"F- 1 8/01/2002 d ' r It _ N Subject PProperty L.it r•wiw .......,, Z , • • r \� ttt r r i l - } r r FUTURE LAND USE I 1 1 ., 1 . •�{ - t L ow • Density Residential r '. I C, - I - - -- - - - - --- — 1. • _ • ...._ . _ _ Medium Density Residential � ' 1101.1.0.1 � � .... • I WAVE � J "�` SUMM ' ' • ' VIEW AVE _ El High Density Residential r. �� . ,I • Professional Office `" _4014... 1 i t, 111 Nei hborhoodCommercial 14. ! tN th t J't'''r'k , r� , a . 111 Large Convenience Center k . + AI + 114 3* INE WY Arterial Commercial ,E . CBD Core Commercial ,..c ♦ rr ' > CITY OF YAKIMA MARYLIN DRIVE ` RYL� 1 l DEPARTMENT OF COMMUNITY AND Industrial % j,. ' Iliki 0 ^ r ECONOMIC DEVELOPEMENT y ✓ L r .f :� • .. Urban Reserve �. 129 North Second Street s 4 N Subject Sitr N Yakima, Washington 98901 Phone: (5091575-6113 vIrs.pic r y ^ i f _ Fax: 150 915 7 5 -610 5' 5 - I / - - '' All maps shown at 1' =200ft W ill .r.. a , ^ Created: March 19, 2007 — 47677 4301 a2o7 4201 1r r,� ° ..,� zoning i i s . o o 1 ._ 1 .) 'Yakima W tWater &Sewer ,-- 1 4406 P!; SR Sub' l z I I N Wa tcrLinu 4 310 1: _ - ii il r RI - - i ,� Current - ' I I I i ( ' -- 4404 1 2 � o 1 2 j ! 1 — _- - z - -- „ R4 Single -Family Resrdenlral ! 4306 i 4302 4208 4206 4202 : ,..' - - - - -- 4203 �;' °.. o l sew ereines 4207 4205 23 14 4405 4403 4309 43 ' 4201 ! 1� on Mmn R? Two - Family Resid _ -- _ __ _ g y MI A VE 1 2 0 0 Mau I 1 1 I R3 Multi -Famil Residential 8- „. 1 VIEW A VE SUM r - - _ _ � - ii �' i N ; 1 �, +' � t y � ✓ t `` � • B4 proressionm Bosin s Z. } , - — , b I 4 � .r '; �l( rr j K y 9 �` 411 I . B? Local Business �i ! I �ii..a . 4•� ® HB Hisloncal Busin f , e X419 4409 . 4405 — `_ , -4401 1 , F° SCC Small Com <n Center - �' I (NR WY 4307 M 4303 430 ',;L109,:',':! ®LCC L �R� R Yt31N BRl 440 : _ x „ , ` 40 8 `4 4306 RYLIN DRIV 4201 j BD Ce nnal Bu ness Dr tn I _ 00 1 107 C — - -_ — � � � - - -' - 1 I � CBDS CBD Support I � � i I - - 4306 4 3 0 4 43 4208 M? H a d du na -- — 105 snbjutsne 1 T 4206 0:1091S1-.4 5 lin,,iti j 1,-- . .. ... 110 4301 8 FI N Pe pl 0]]EC M I. .. .:.. ;.. .4215 4213 4209 � t/ II I I \ Digitaoto 4PPLICANT.Je a. -- Future 1 � Y �� l L and Use � , rtho p h t stir s � Q �� � � � � Mosaic of D i g i t al � "ep ,� Z :'.7 "�, r x t e i Rri , � Onhopho il. LLI ! CI' � � � US� � J� � t f s» � j' � ' � � � AA- Sub l t Prope n y r ilt‘ Z �� � � "� �. � ear ' � � ' � • -- - ( - - - , }�'u ',')-:';','1',1/ s� g t'wrX `'w L'� o r ; ■ t r t FUTURE LAUD USE , x J`'w 4 5`' k ft.,,,;:. '' 7 V AY� fit? , .', 1 44 Low Densi Residential f 1 y ' � a'' � aP �. t ° � y 1 i 1 ( [; �� : ibti r r^as ` a r'it %� F , u � ,,74,.., { 4 i _. - ! Med Density Resident t "� '� �Q .. ' fV1 1N AVE �r ti r VIEW AVE sa zap 5 fi�k� , fi HgnD enstyR e sidenal r ', , �j emu y - s , I *a' ,,,,, ,.?.: . .;•;;;;;!:' , ;:i; , ...71 :;: , : � fi :� .4,,,,,', `� �$"� � � � ��� + �.�.��' 1 111 f cilior; !�. ,.'a r � iu "� '. ` ,,,�., � 1 lc 11 1 it ��,* i •• , w j k .,..,- ^i Naghborhood Commercial Y M 3 •`' =� ^n .;f. ^ », I hy ° \ r kA'1 S „fi,, � �5�tt�t�� �f � � " ��,��` � �- - --- � '� � , O`* Lnrg Convenience cents � � "'"�+ �� ` b� y • 4 sf tS I i v ' y + a Arterial Commem ' >` .t ` r b u > r .. r �' e OF YAKIMA INE WY� : ar ji a 4 ' u 7,'):': , ��, aw�„p ��} Y CU" - - CBD Corc Commemml v t t ' • ," �% c � � � m"'i OLPARTMENT OF COMMUNITY ANN MARYLIN DRIVE � �°. ' � � -- - - I 1 h'dvsv � y � � ^` �' " � „� "'Y ECONOMIC DE . Ir �'"'� ° S5 1 a4'• Ur ban Reseree 1 * , w y ,, S ) i ,I fi 128 North Second 913301 M I j I N Subject Sn ,Yin �' uli ^fi/ SiG � � 4� � Y ima. Washington 96901 . _ e r 4 h b r `� .` t - P (509'57 5 (:',1 - 6113'„ r'" ( ii14 a, yyy;; F ar 16081 '..- - I *. s '� E,j `�� .1. Y � On e P an Atlas abort 200k 1 '"" r A - Cnram March 79, 2007 JAMES A. OBERT, D.C. EXHIBIT LIST CHAPTER C Site Plan EXHIBIT DOCUMENT DATE C -1 Site Plan 3/16/07 Filed Hearing Examiner EXH# C " Date 3- I°b File # R24 % (. , C) .74. 7 FS 14 ° 4 (-)--i ). . \ 1 ' _ *.,.. Q ,,.1-.,, ' /4 4, 1 P 1 � 1 = „oz/ a IcrOS • 61, • ' • -... w i -ice a g � ,� ,;; .. 'f t,, : ,;;:, V1NN i i., .-----A- i . . OSA1 3°$.4:4 *1* • . , N • \ 4 ... 4 . :. . '. k■ / , q \ (4. \ " / . . ' S �,, *..(1` \ \\ , , x ' PP ; r N/ 44, . . , _.....,„,..„_. .,7 IrtvaN g Y ), 4 - ,‘ .(itt . * ''' ' ,,k / .. .- .,(f .. ,: . . -0 , , . 9 • v ..:« r ^,J'!sh •• ' . N(i . -:;G1+ '•N�:,' :"''':'''''''';'''4':;:';'4V''''''';'-''''''.:;'''''' { _ • _ . 9 .� , M y �. . rz •a „ 7' _ff� ° "y� `y ..:+^•�'� - ".�..�''^ . .. .. .. .:its':. .. .3x .c , '�v"`��`as' . , ",1{' £*3 -. n'.y"5. v,rr;ayj.;w^ ;':� .�:?e.V*' r... .... _`. . >>w�.< .. "w. • >. „ - rs . .. �. 1 09LI >4 ,� , ,w , ,..� —,6>- IS e - o„- l ki ` I ' - - --- -1.f -' P1,0, 7 /-00//...3-as p N�7� .- . �- — JAMES A. OBERT, D. C. EXHIBIT LIST CHAPTER D DST members and other Agencies EXHIBIT # DOCUMENT DATE D -1 Request for Comments 4/5/07 D -2 DST Members and Agencies Notified 4/5/07 D -3 Comments from Joan Davenport, Traffic Division 4/9/07 D -4 Comments from Scott Schafer, Wastewater Division 4/9/07 D -5 Comments from Sandy Cox, Code Division 4/9/07 D -6 Comments from Al Rose, Engineering Division 4/10/07 D -7 Comments from Dan Ford, Engineering Division 4/10/07 D -8 Comments from Michael Shane, Water/Irrigation Division 4/10/07 D -9 Comments from Ron Melcher, Deputy Fire Marshal 4/11/07 D -10 Comments from Dept. of Community, Trade and Economic 4/16/07 Development Filed Hearing Examiner EXM # 0 Date 141 o1 Fife # R-7-k7-611 FC45-Ol i - I 1 • R ECEIVED 4 SY :l *M 0 Q") ;‘ ,' APR 3 07 6 CITY YAKIM TG OF WASHINGTON PLANNING DIV. STA. DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 128. Avenue SW if PO Box 42525 f Olympia, Washington 98504.2525 • (360) 7254000 April 12, 2007 Doug Maples Planning and Code Administration Manager City of Yakima 129 North Second Street Yakima, Washington 98901 Dear Mr. Maples: Thank you for sending the Washington State Department of Community, Trade and Economic Development (CTED) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Yakima - Proposed site rezone for one parcel from R -1 (Single Family Residential) to B -2 (Local Business) (RZ #2- 07/EC #5 -07). These materials were received on 04/12/2007 and processed with the Material ID # 11553. We have forwarded a copy of this notice to other state agencies. If this is a draft amendment, adopted amendments should be sent to CTED within ten days of adoption and to any other state agencies who commented on the draft. If you have any questions, please call me at (360) 725 -3042. Sincerely, (. c_ loaf rr l Lynn Kohn Growth Management Planner Growth Management Services Enclosure DOC. • INDEX STATE AGENCIES REVIEWING DEV REGS Revised December 19, 2006 Cities and counties need to send their development regulations to the agencies' representatives, as listed below, at least 60 days ahead of adoption. Adopted development regulations should be sent to Washington State Depar tment of Community, Trade and Economic Development (CTED) immediately upon publication, as well as to any state agencies that commented on the draft regulation. A jurisdiction does not need to send its regulation to the agencies which have been called ahead and that have indicated the local plan will not be reviewed. The jurisdiction should keep a record of this contact with state agencies and the state agencies response. Elizabeth McNagny SEPA/GMA Coordinator Department of Social and Health Services Department of Ecology Post Office Box 45848 Post Office Box 47600 Olympia, Washington 98504 -5848 Olympia, Washington 98504 -7600 (360) 902 -8164 Fax: 902 -7889 (360) 407 -6960 Fax: (360) 407 -6904 Email: mcnagec(cr�dshs.wa.gov Email: gmacoordination ecv.wa.gov Jennifer Hayes Ron Shultz Department of Fish and Wildlife Puget Sound Water Quality Action Team Post Office Box 43155 Post Office Box 40900 Olympia, Washington 98504 -3155 Olympia, Washington 98504 -0900 Tel: (360) 902 -2562 Fax: (360) 902 -2946 (360) 725 -5470 Fax (360) 725 -5456 Email: havesilhCa�dfw.wa.gov Email: rshultzapsat.wa.gov Review Team Bill Wiebe CTED Department of Transportation Growth Management S ervices Post Office Box 47300 Post Office Box 42525 Olympia, Washington 98504 -7370 Olympia, Washington 98504 -2525 (360) 705 -7965 Fax: 705 -6813 (360) 725 -3000 Fax: (360) 753 -2950 Email: wiebeb(wsdot.wa.gov Email: reviewteame,cted.wa.gov Anne Sharar Rebecca Barney Department of Natural Resources Department of Corrections Post Office Box 47001 Post Office Box 41112 Olympia, Washington 98504 -7001 Olympia, Washington 98504 -1112 (360) 902 -1739 Fax: (360) 902 -1776 (360) 753 -3973 Fax: (360) 586 -8723 Email: anne.shararawadnr.gov Email: rmbarnevadocl.wa.gov John Aden Department of Health Division of Drinking Water Post Office Box 47822 Olympia, Washington 98504 -7822 (360) 236 -3157 Fax: (360) 236 -2252 Email: John.Adenadoh.wa.gov DOC. S: \Gmu\ADMIN \Lists \State Agencies Reviewing Dev Regs 12- 06.doc INDEX —) ) Yakima Fire Department .gyp 4 4 Fire and Life Safety 401 North Front Street 40 Yakima, Washington 98901 lir '/RE IJO Date: April 11, 2007 To: Mary Lovell, Associate Planner From: Ron Melcher, Deputy Fire Marshal Re: 4202 Summitview Avenue • This project would not appear to have any adverse effects on Fire Department operations. If clarification is desired regarding the above comment, please do not hesitate to contact me. Ron Melcher 576 -6353 DOC. INDEX Lovell, Mary From: Shane, Michael Sent: Tuesday, April 10, 2007 3:03 PM To: Lovell, Mary Subject: DST - 4/11/07 4202 Summitview Ave. is in the Nob Hill Water Assoc. area. No comments from me. Mike Shane Water/Irrigation Engineer 576 -6480 DOC. INDEX 1 # rc6 4/%.3 i b REQUEST FOR COMMENT! 444416, Engineering TO: City of Yakima Development Services Team FROM: Mary Lovell, Associate Planner DATE: April 5, 2007 SUBJECT: UAZO RZ #2 -07, and UAZO EC #5 -07 PROPOSAL: James Obert. has applied for a rezone of one parcel from R -1 (Single - family Residential to B -2 (Local Business). The applicant is requesting the rezone to bring the parcel into compliance with the current Urban Area Zoning Ordinance Future Land Use designation. Approval of the rezone request will give the applicant the option to expand his chiropractic office space onto the adjacent parcel. LOCATION: 4202 Summitview Avenue PARCEL NUMBER: Parcel No. 181322 -31010 Please review the attached site plan and prepare any. written .comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held April 11, 2007 at 9:30 a.m. Should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e -mail address is mlovell @ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Please call me at (509) 575 -6164 if you have any questions or require additional information. COMMENTS: E•vc , ( eel v s zes AO 1 "--t( (bc9 PCB (71-E it 5 6r.0 t Ii L r DES As A. xi 1 j, .0 z2 c_ t a L b /c- E v t ✓�,� . Ap�eascsl 464' amps F'F1L C, gy-t C.'a11.444- s7JL s ,4,Vp YITtt tZ 2- ca,/L, Zs Contact Department / Agency INDEX # �'1 • REQUEST FOR COMMENB rett Sto rin S water heffield Engineering TO: City of Yakima Development Services Team FROM: Mary Lovell, Associate Planner DATE: April 5, 2007 SUBJECT: UAZO RZ #2 -07, and UAZO EC #5 -07 PROPOSAL: James Obert. has applied for a rezone of one parcel from R -1 (Single - family Residential to B -2 (Local Business). The applicant is requesting the rezone to bring the parcel into compliance with the current Urban Area Zoning Ordinance Future Land Use designation. Approval of the rezone request will give the applicant the option to expand his chiropractic office space onto the adjacent parcel. LOCATION: 4202 Summitview Avenue PARCEL NUMBER: Parcel No. 181322 -31010 Please review the attached site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held April 11, 2007 at 9:30 a.m. Should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e -mail address is mlovell @ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Please call me at (509) 575 -6164 if you have any questions or require additional information. COMMENTS: (5:ES E G t TY STo R.M Lid 4TER C u t t c`/ e. P Glku Ca t J ✓` O '1" / OL Q V • L . 10 wuu .5 4 - 41 `z- — 5 t - � S t-„ IA) A.- 1 ,7 4-e4"-,.. c+1 e S t o ` f rt e �. . a c c. o r� cam•-. c GJ Es t t"`° 54c pr wa t .) G e" S c • -". �- e--4 s a t. S -�--o L w W i 41_ G NA r, 4 H_.�" p4- ew• Cn - t'v7 1.1 , Contact ( P O 5 410/07 ° Z Department / Agency DOC. INDEX. CITY OF YAKIMA STORMWATER MANAGEMENT GUIDANCE • September, 2005 • • INN>. # 0-0 CITY OF YAKIMA ENGINEERING DIVISION INTERIM STORMWATER MANAGEMENT GUIDANCE Contact: Brett Sheffield, Surface Water Engineer 576 -6797 1. A professional engineer registered in the state of Washington shall design all drainage facilities and components. Drainage plans using best management practices and design requirements must be submitted to and approved by the City of Yakima Engineering Division prior to grading or plat development. 2. Flooding problems shall be controlled and remedied. 3. Post - development stormwater flow rates and volumes shall not exceed pre- development conditions for up to the 100 -year storm event in flood -prone basins, including the Wide Hollow Creek and Ahtanum Creek basins. The standard of full retention of the 25 -year storm event generally meets this goal. 4. Post - development stormwater flow rates and volumes shall not exceed pre- development conditions for up to the 25 -year storm event in basins outside of the flood -prone basins. The standard of full retention of the 10 -year storm event generally meets this goal. 7. A road drainage system in a new residential development must be enlarged to accommodate not only the runoff flows and volumes from the road surfaces but also 50% of the flows and volumes from the impervious areas including roofs, driveways, and sidewalks that have the potential to release runoff into the road drainage systems. The assumption is that 22.5% (half of the 45% lot coverage standard) of the stormwater generated from any lot will find its way into the road stormwater drainage systems. Use of this assumption requires the developer's engineer to verify that lot grading will provide adequate storage to retain runoff from the other half of the impervious surface on each lot, or that other off -lot retention is provided outside the road system. 8. The depth to the seasonal high groundwater must be determined prior to planning the layout of stormwater facilities. In some areas, the seasonal high groundwater depth occurs during the summer months when irrigation water is used. 9. If a stormwater infiltration facility will be used for the disposal of runoff, an in -situ permeability test should be conducted initially at the site to determine existing infiltration rates prior to the design stage. Given the observed variability in the infiltration capacities of City of Yakima soils, the developer should measure the infiltration capacity prior to final lot layout in order to ensure that adequate space (above ground or below ground) is provided for stormwater facilities, including allowances and easements for proper long -term inspection and maintenance by private or public entities. 10. Either stormwater detention (for discharges of stormwater to piped/ditched storm drains or smaller surface water bodies) or retention (for infiltration or evaporation of stormwater) shall be utilized. Detention is not required for direct discharges to the Yakima River, however stormwater pre - treatment is required. 11. The 6 -month storm event shall be treated prior to discharges to surface water. Runoff from some rooftop surfaces and non - pollutant generating surfaces will not require treatment, unless mixed with runoff from pollutant generating surfaces. See the Eastern Washington Stormwater Manual for more information on treatment requirements. (http://wvvw.ecy.wa.gov/biblio/0410076.html). 12. Stormwater can be infiltrated or evaporated on -site. All infiltration design should consider short-term versus long -term soil infiltration rates. Stormwater infiltration facilities shall be designed to properly 'accommodate the design storm over the long term. To allow for plugging by stormwater sediments over time, the long -term infiltration rates shall be a fraction of the measured short-term in -situ infiltration rates. Short-term, eld- measured infiltration rates shall be reduced by the following percentages: Gravels -%, Sands - 50 %, Silts - 20 %, Hard Pan or Clay - design for the entire runoff volume (assumes no infiltration). These reductions are a general rule -of- thumb and the design engineer is welcome to suggest variations for consideration. 13. Site Suitability Criteria (SSC) (setback criteria; groundwater protection; soil infiltration rates and drawdown times; depth to bedrock, water table, impermeable layer; etc.) provided in Chapter 6 of the Eastern Washington Stormwater Manual shall be considered - when evaluating a site for its ability to utilize infiltration. 14. If stormwater is infiltrated though the ground surface, the top six inches of soil will need to be amended if a fine soil is not present and groundwater is shallow. Amended soil can consist of 25% compost. See the Eastern Washington Stormwater Manual for more information. 15. If stormwater is infiltrated through an underground injection control (UIC) facility (dry well, infiltration trenches, etc.), registration with the Department of Ecology is necessary. The state's UIC contact is: Mary Shaleen Hansen Water Quality Program WA Department of Ecology P.O. Box 47600 Olympia, WA 98504 -7600 Phone: (360) 407 -6143 E -mail: maha461 @ecy.wa.gov 16. If runoff is infiltrated below the ground surface through a UIC facility, components shall be included to prevent contamination in the event of oil, grease, or gasoline spills. This shall be accomplished using a "two- stage" system, where the first stage consists of a settling manhole with a down turned elbow leading to the second stage infiltration chamber. The down turned elbow shall provide for storage of spills and some oil -water separation. DOC:. INDEX l r/ 17. See Chapter 5 of the Eastern Washington Stormwater Manual for pretreatment requirements that apply to UIC facilities. In some cases, pre - treatment standards may be reduced based on -site specific investigations of soil, groundwater, and pollutant conditions. Other design criteria may apply such as when facilities are upsized. Pre - treatment refers to any of an array of possible stormwater treatment systems (sand filters, bio- infiltration swales, etc.) designed to accommodate the 6 -month storm event. Flows greater than the 6- month, water - quality peak flow can bypass a pre - treatment facility and discharge directly into the two -stage infiltration system. 18. The Eastern Washington Stormwater Manual should be referred to when determining the suitability of sub - surface discharge of stormwater from commercial and residential land uses to new UIC facilities. A residential subdivision typically generates a "low" level of stormwater pollutant loading. The following guidance applies to a land -use type that generates a "low" level of stormwater pollutant loading. Note, the minimum thickness requirement of the vadose zone refers to the distance from the bottom of a UIC structure to the top of the highest known seasonal groundwater table. For low- pollutant loading land uses: • • If the vadose zone has a high treatment capacity soil and the minimum thickness is between three and six feet, pretreatment is required in advance of a two -stage infiltration system; • If a high - treatment capacity soil exists and its minimum depth is six to ten feet, a two - stage infiltration system may be used alone; or • If a high- treatment capacity soil exists and its minimum depth is greater than ten feet, a two -stage infiltration system is still required since it is the City's standard design (see attached detail of an acceptable two -stage infiltration system). ✓ Notes 13 - 18 provide guidance for the purpose of complying with the Department of Ecology's Underground Injection Control-Program (Chapter 173 -218 WAC). The City of Yakima's Engineering Division generally refers to the Eastern Washington Stormwater Manual for guidance in how to comply with the UIC rule. Note that the UIC program is undergoing revisions, which could result in significant changes to the standards. ✓ Please contact Brett Sheffield at (509) 576 -6797 for technical questions about stormwater or flood management requirements. D f O C INt) . '�u/f X ) ' 1 I SOLID MANHOLE COVER OR APPROVED EQUAL WITH THE WORD ° DRAIN" . 24" DIA. M.H, OPENING . ALIGNED WITH STEPS CAST IRON RING AND COVER (/ PER WSDOT STD. PLAN B -78b\ INI H RAs GROUT BETWEEN ' ' °- ,./! i �'l� w cc) RISERS AND je N HOPE ECC. REDUCER TO GRATE (TYP.) S TEPS` ~ SMOOTH WALL FIPE STUB , + PERFERATED PIPE PE N / /PROJECT REQUIREMENTS 12" PVC / \ CAP PIPE FROM/ "++' � r v+— PIPE -= REDUCER . ..._ CATCH BASIN -- I � ` Z2' .PVC CAP FE RNCO SERIES 1056 -1212 A IF REQUIRED Z 1 ,g COUP LING OR Q VERIFY 7.2 "X72' "X72" PVC TEE 'N � ..,. S IZE FOR PIPE DIAMETERS UAL. ' • ` ° 5 -- ' -P PV¢ A R V§URVIVABILITY, CLASS B CATCH BASIN r `' .- 1 'N'- R6PbUND DRA GE GEOTEXTILE TYPE 2 48" DIA. _1.,'ES ,_. -, : GRAVEL BACKFILL FOR DRYWELLS PER SECTION 9- 03.12(5) INVERT ELEVATION SEE PLANS � PERCOLATION TRENCH CROSS SECTION NTS NOTE: 1) SEE SPECIAL PROVISIONS FOR CONSTRUCTION DETAILS. 2) SEE PLANS FOR PERCOLATION TRENCH DIMENSIONS. 3) FOR CATCH BASIN DETAILS SEE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION STANDARD PLAN B —le. C CATCH BASIN TYPE 2 WITH INFILTRATION TRENCH D I APPROVED: I CITY OF YAKIMA - STANDARD DETAIL CATCH BASIN TYPE 2 DOC, INDEX , ___- , -;_ v ., 'Y ,, DEPARTM. r OF COMMUNITY AND ECONOMIC jVELOPMENT William R. Cook Director I i C. 'i . - .i. 's -, 41,4111;:t>, ' __ . .�y Doug Maples, CBO, Code Admin. and Planning Manager , .;� 1;r:� = r Office of Code Administration "; .-...... = 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575 -6126 or 575 -6121 • Fax (509) 576 -6576 April 9, 2007 To: Mary Lovell From: Sandy Cox Re: UAZO RZ #2 -07 & EC #5 -07 4202 Summitview Ave The two properties will need to be merged together since buildings cannot extend over property lines per Table 602 of the 2003 International Building Code. The entrance and exit shall be clearly marked as such for one -way traffic. One of the parking spaces shall be designated for the disabled. It shall be the closest space to the accessible entrance to the building and be properly signed. An adjacent access aisle shall be striped. The business will be allowed to remain open during the construction process as long as all safety barriers are in place. This project will require plan review, permits and inspections before occupancy is allowed. DQC Yakima , INDEX www.ci.yakima.wa.us • codes @ci.yakima.wa.us # D _ 1� IT117 -..-.......«.,.»-......... ....- � .................._„ -..k 1994 REQUEST FOR COMMEN1 0.0 t,' Wastewater tdr City of Yakima Development Services Team RECEIVED 401 "Al: Mary Lovell, Associate Planner APR 0 9 200? DATE: April 5, 2007 CITY OF YAKIMA PLANNING DIV. SUBJECT: UAZO RZ #2 -07, and UAZO EC #5 -07 PROPOSAL: James Obert. has applied for a rezone of one parcel from R - (Single - family Residential to B -2 (Local Business). The applicant is requesting the rezone to bring the parcel into compliance with the current Urban Area Zoning Ordinance Future Land Use designation. Approval of the rezone request will give the applicant the option to expand his chiropractic office space onto the adjacent parcel. LOCATION: 4202 Summitview Avenue PARCEL NUMBER: Parcel No. 181322 -31010 Please review the attached site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held April 11, 2007 at 9:30 a.m. Should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e -mail address is mlovell @ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Please call me at (509) 575 -6164 if you have any questions or require additional information. COMMENTS: A/ U WAS rEiJAATE1.._ CVNGEt2N5 IZ C Pro& i l rS o5Ecr Lott-c- fLEtir-Ek.) TO sEE iF 71-1E1 ,VEEP - TO 736 MoN 01 7 Ei 7'1&t/7 t )A abi E2- Contact Department / Agency DOG. INDEX '\Y1—\ fi Lovell, Mary From: Davenport, Joan Sent: Monday, April 09, 2007 11:16 AM To: Lovell, Mary Subject: DST Comments Obert Rezone Mary - I have reviewed the SEPA checklist and general (concept only) site plan for the expansion of the Obert clinic and parking lot at 4202 Summitvie Avenue and have the following comments. 1. Summitview Avenue is 4 -lane Principal Arterial that carries approximately 20,680 Average Daily Traffic, ADT (in vehicles) and has an opeation Level of Service of "A ". 2. The SEPA checklist and supporting material cover only the rezone and not a specific building or development plan for this property. Therefore, no projections of traffic impact from any possible expansion of the clinic or other development, can be determined from this application. 3. The intersection of North 40th Avenue and Summitview Avenue is listed on the City of Yakima 6 -Year Plan for capacity and operation improvements. Any future development that requires a SEPA review may be asked to contribute to the planned project. 4. The rezone application is not subject to review under the Transportation Capacity Ordinance (YMC 12.08). Subsequent development may require review under this ordinance if the new or expaned development will generate 10 or more PM Peak hour vehicle trips. Joan Davenport, AICP Supervising Traffic Engineer City of Yakima Dept. of Public Works 2301 Fruitvale Blvd Yakima, WA 98902 (509)576 -6417 jdavenpo@ci.yakima.wa.us DOC, INDEX 1 . . - . , • DST PACKETS DISTRIBUTION LIST Applicant: k UAZO# °tee, .6" Date of Meeting: 4 / /67 City of Yakima Divisions / Yakima County Planning & Public Works: CD O1 odes Doug Maples 111, raffic Engineering Joan Davenport 2 Oodes Joe Caruso 15 Street Break lnspector/Engrng. Dan Ridd!e .3 odes Sandy Cox 16 Parks& RecreatIon Denise Nichols Codes Carolyn BeUes 17 Transit Ken Mehin odes Jerry Robertson N4,:',:ti4A:1t8 Transit Gary Pira ngineering Mike Antijunti 19 Codes V:Wer ,A! trawalp ater / Irrigation Mike Shane 20 Police Dept. Ben Hittle rngineenng Orr • • Dan Ford igrNt* rett Sheffield Surface Water Engip*-402TY017Mkrai4ngfAii1t0.' Redifer Utility Services Pete Hobbs 13 ire Dept Ron Melcher Other Agencies: 23Yakima Tiet�n lrrigation District Rick Dieket andlor John Dickman 470 amp 4 Rd 24 Nob Hill Water , Preston Shepherd 6111 Tieton Dr. 98908 25 ' 26 WA State Department of Ecology _ 98902 27 044 :NOWIAtMkiqiiilitikifE*t*k4i'*i*k'a:t 28 Pacific Power & Light Co. Mike Paulson 500 No. Keys Rd. 98901 29 • .!;1;• ,• ,10eStA4 •••-, Ati 1 1:425, - ;;irj.Z:11:1!0:Zi.•44-krW 1 ‘44A4:4:::g1ZAIP:4r - $:; - g644*:, 1 0* - 00#;$$Wi, --: ';!Z - :.'t:: : ::kri: ) ,W: - 30 Cascade Natural Gas Co. , Sheila Ross , 701 S. 1st Ave. Yakima, WA. 98902 31 : N4410.$0001000:0':#711:1•71% : 1 7 0.4kgitiffZETTalasog4Th:*":71001,V.:;:IMITP!. - 50:,: 32 West Valley School District #208 Peter,Ansingh 8902 Zier Rd. 98908 33 I. KOte061 34 County Clean Air Authority Lawrence Odell 6 S. 2nd St. Rm 1016 35 - ''(grriiaWiSit • giS:YSIMS 7 -'gTi.,. r ff-V - - - vari6ii - Waiti l eiTilir 7,7,0 i-TII64Yteiig66 - 4461660 . if5 • 1; : ' , '484 6 V 1- 1 , PLY • 36 Yakima Greenway Foundation Al Brown _111 S 98901 37 100gofigagiti:iwrimo,!-Niza.00r.44*.itii440.-WO:0-04;**4016:60470,000075 38 Yakima County 911 Wayne Wantland YPD 39 iY41614g411:09iP46:41goitAgNaTigiti Robert 00iO4060iiNfilifiL0400:0310 40 Department of Wildlife _ _ _ _ , 1701 S. 24th Ave. 98902 41 Department of Natural Resourses 713 Bowers Rd Ellensbur WA 98926 42 WSDOT(Department of Transportation) Salah Al-Tamimi 2809 Rudkin Rd. Union Gap, WA 98903 43 fi Fisheries ""4, 44 Yakama Indian Nation Bill Beckley P.O. Box 151 Toppenish, WA 98948 45 'N* 4 46 Trolleys Paul Edmondson 313 N. 3rd St. Yakima, WA 98901 47 City of Union Gap BHI Rathbone P.0. Box 3008 Union Gap, WA 98903 48 WSDOT, Aviation Division John Shambaugh 3704 172nd St. NE, Suite K-2 Arlington, WA 98223 49 Governor's Office of lndian Affairs ' .. . 210 11 th Ave SW, Suite 415 PO Box 40909 Olympia, WA 98504 IN D REQUEST FOR COMMENTS TO: City of Yakima Development Services Team FROM: Mary Lovell, Associate Planner DATE: April 5, 2007 SUBJECT: UAZO RZ #2 -07, and UAZO EC #5 -07 PROPOSAL: James Obert. has applied for a rezone of one parcel from R -1 (Single - family Residential to B -2 (Local Business). The applicant is requesting the rezone to bring the parcel into compliance with the current Urban Area Zoning Ordinance Future Land Use designation. Approval of the rezone request will give the applicant the option to expand his chiropractic office space onto the adjacent parcel. LOCATION: 4202 Summitview Avenue PARCEL NUMBER: Parcel No. 181322 -31010 Please review the attached site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held April 11, 2007 at 9:30 a.m. Should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e -mail address is mlovell @ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Please call me at (509) 575 -6164 if you have any questions or require additional information. COMMENTS: Contact Department / Agency DOC. INDEX JAMES A. ORBERT, D. C. EXHIBIT LIST CHAPTER E SEPA Review EXHIBIT # DOCUMENT DATE E -1 Sepa Check List 3/16/07 E -2 Notice of Application 4/10/07 E -3 Parties Notified 4/10/07 E -4 Affidavit of Mailing 4/10/07 E -5 Legal Notice 4/10/07 E -6 Press Release 4/10/07 E -7 Notice of Decision (SEPA) 5/3/07 E -8 Parties of Record 5/3/07 E -9 Affidavit of Mailing 5/3/07 E -10 Legal Notice 5/3/07 E -11 Press Release 5/3/07 Filed Hearing Examiner EXH # Date .31 16 I 6-7 File #, R i V I) C S o1 PRESS RELEASE WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON May 3, 2007 PROJECT DESCRIPTION: Rezone one parcel from R -1 (Single - family Residential) to B -2 (Local Business). PROPONENT: James A. Obert, D.C. and Stephnie Obert LOCATION: Vicinity of 4202 Summitview Avenue, Yakima, WA. PARCEL NUMBERS: 181322 -31010 LEAD AGENCY: City of Yakima CITY FILE NUMBER: UAZO RZ #2 -07 and UAZO EC #5 -07 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 infouiation on file with the lead agency. This information is available to the public on request. [ X ] This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. APPEALS: This determination may be appealed to the City of Yakima Hearing Examiner, 129 North 2nd Street, Yakima WA 98901 in writing no later than 5:00 p.m. on May 17, 2007. You should be prepared to make specific factual objections. Contact Mary Lovell, Associate Planner (509) 575 -6164 for more infonnation. RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DOC. INDEX , `\ LEGAL NOTICE WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON May 3, 2007 PROJECT DESCRIPTION: Rezone one parcel from R -1 (Single - family Residential) to B -2 (Local Business). PROPONENT: James A. Obert, D.C. and Stephnie Obert LOCATION: Vicinity of 4202 Summitview Avenue, Yakima, WA. PARCEL NUMBERS: 181322 -31010 LEAD AGENCY: City of Yakima CITY FILE NUMBER: UAZO RZ #2 -07 and UAZO EC #5 -07 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 infoiiiiation is available to the public on request. [ X ] This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. APPEALS: This determination may be appealed to the City of Yakima Hearing Examiner, 129 North 2nd Street, Yakima WA 98901 in writing no later than 5:00 p.m. on May 17, 2007. You should be prepared to make specific factual objections. Contact Mary Lovell, Associate Planner (509) 575 -6164 for more information. RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 PLEASE PUBLISH ONCE ONLY ON MAY 3, 2007 Mail Invoice and Affidavit of Publication to: Account #11002 City of Yakima, Planning Division 129 N. 2 Street Yakima, WA 98901 DOG. INDEX , AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: EC #5 -07 & RZ #2 -07 James Obert 4202 Summitview Ave. I, Susie Lorance as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Decision. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant 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 Planning Division, and that said notices were mailed by me on the 3` day of May ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Q Susie Lorance Planning Specialist DOC. 1NOEX z Federal Aviation Administration Environmental Coordinator Cayla Morgan, Airport Planner Bureau of Indian Affairs Mr. Doug Mayo Seattle Airports District Office Wastewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Toppenish, WA 98940 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98940 Yakima, WA 98902 Donna J. Bunten Eric Bartrand Soil Conservation Dist Critical Areas Coordinator Attn: Ray Wondercheck Dept. of Fisheries D.O.E., Shorelands & Environ. 1701 S. 24 Ave 1606 Perry St Suite F PO Box 47600 Yakima, WA 98902 Yakima, WA 98902 Olympia, WA 98504 -7600 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation- Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District WV School District Yakima Greenway Foundation Attn: Peter Ansignh Attn: Ben Soria 111 S. 18 St. 104 N. 4 Ave 8902 Zier Road Yakima, WA 98901 Yakima, WA 98902 Yakima, WA 98908 DOC. INDEX OD -RG, SEPA Reviewer 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 Olympia, WA 98504 Sheila Ross Dept of Soc'Health Service Cascade Natural Gas Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. 1 S Ave 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 9th Michelle Vazquez 10 N 9 St. 1500 W. 4 Ave. St. 305 PO Box 3008 Yakima, WA 98901 Spokane, WA 99204 Union Gap, WA 98903 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2n St., Room 1016 2809 Rudkin Road 8 S. 2n Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Lee Agri r 1200 6 Ave. MS 623 128 North 2n Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 AA Yakima Co Health Dist Gwen Clear F F 200 W. Washington 1 Art McKuen Dept of Ecology Yakima, WA 98903 104 North 1 St. 15 W. Yakima Ave. St. 200 Yakima, WA 98901 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Nob Hill Water Co Yakima Co Planning Environ Review Section 128 N 2 St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer WA State Emergency Mgmt. Div. Pacific Power Yakima Co Pub. Srvices Mitigation, Analysis & Planning Mike Paulson 128 N 2 n St., 4 Floor Supervisor - Building 20 500 N. Keys Rd Yakima, WA 98901 Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services 128 N. 2n St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98940 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4 Street STE 202 Environmental Prote�cti,on Prog. • Toppenish, WA 98948 Yakima, WA 98901 PO Box 151 UU Toppenish, WA 98NPEX 181322 -24449 181322 -31448 181322 -31014 ALEJO MORENO ARNOLD R & JEAN A JACKSON ARTHUR A & MARLENE K OPFER 4305 SUMMITVIEW AVE 4215 BARGE ST 4307 MARYLIN DR YAKIMA, WA 98908 YAKIMA, WA 98908 -3239 YAKIMA, WA 98908 18132 310 181322 -31017 181322 -24438 ARTHU A MAN ENE •PFE' BERT & SALLY LIEBHOLZ CHARLES H EGLEY 4307 _r'LIN D' 4301 BARGE ST 4309 SNOWMOUNTAIN RD YAKIMA, WA 98908 YAKIMA, WA 98908 -3241 YAKIMA, WA 98908 181322 -31037 181322 -24435 181322 -23400 CITICASTERS CO DAVID JOEL & LINDA PERRY DAVID WILLIAM PARK SR 4010 SUMMITVIEW AVE # A 4207 SNOWMOUNTAIN RD 4403 SUMMITVIEW YAKIMA, WA 98908 -2926 YAKIMA, WA 989082923 YAKIMA, WA 98908 181322 -24450 181322 - 24434 181322 -24519 DEAUN NILES DENNIS L & KATHERINE POOLE DONALD & MICHELLE BAUMBACH 4309 SUMMITVIEW AVE 4201 SNOWMOUNTAIN RD 4305 SNOWMOUNTAIN RD YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -2925 181322- 31418 181322 -23404 181322 -31016 DONALD N & JOYCE M JOY DONNA J EVANS DUANE T & MARLYS A DOLLIVER 4205 BARGE ST 4405 SUMMITVIEW AVE 4306 MARYLIN DR YAKIMA, WA 98908 YAKIMA, WA 98908 -2933 YAKIMA, WA 98908 -3246 181322 -32560 181322 -24441 181322 =24444 ED & GLENIS TRAMMELL ELAINE H MC PHIE ELIZABETH A. LEE 1 S 68TH AVE 4302 SNOW MOUNTAIN RD 4202 SNOWMOUNTAIN RD YAKIMA, WA 98908 -1877 YAKIMA, WA 98908 YAKIMA, WA 98908 -2922 181322 -31409 181322-24442 181322 -31446 FREDRICK E & DEBRA K RICH GARY W'& JOYCE R KING GERD STROM 103 N 42ND AVE 4208 SNOWMOUNTAIN RD 655 KALMIA PL N W YAKIMA, WA 98908 -3215 YAKIMA, WA 98908 ISSAQUAH, WA 98027 181322 -31415 181322 -31411 181322 -24443 HATTIE HALL HERSHEL L & MOYA N ZEIGLER J M BROWN 4206 MARY LIN DR 4301 MARY LIN DR 17846 N 99TH DR YAKIMA, WA 98908 YAKIMA, WA 98908 -3247 SUN CITY, Arizona 85.373 -1678 181322 -31449 .181322 -31010 181322 -31' ' JAMES & JANICE NEWBILL JAMES A & STEPHNIE M OBERT JAMES A • ST,PHNI OB • 4213 BARGE ST 4202 SUMMITVIEW AVE 4202 'MITVI AVE YAKIMA, WA 98908 -3239 YAKIMA, WA 98908 -2928 YAKIMA, WA 98908 -2928 181322 -23402 181322 -24447 1813'2- ' JAMES K & DONNA J EVANS JAMES N SR BARRET JAMES .. S ' B " •E 4405 SUMMITVIEW AVE 4203 SUMMITVIEW AVE 4203 UMMI tIEW AVE YAKIMA, WA 98908 -2933 YAKIMA, WA 98908 YAKIMA, WA 98908 — - - -. _. INDEX r 181322 -24445 181322 -31018 181 22- 4.46 JAY A & JEAN M SENTZ JEAN W RATCLIFFE JIM & ••* BA: <`- T 118 GILBERT DR 4304 BARGE ST 420 . MMIT IEW YAKIMA, WA 98902 -2861 YAKIMA, WA 98908 -3240 YAKI A, WA 98908 181322 -31413 181322 -31015 181322 -24439 JOHN & SHARON TWOMEY JOHN P. & ELBA RICHARDS JOY LARSON 107 N 42ND AVE 4308 MARYLIN DR 4310 SNOW MOUNTAIN RD. YAKIMA, WA 98908 YAKIMA, WA 98908 -3246 YAKIMA, WA 98908. 181322 -32552 1813 2 32553 181322 -32 - JUDE:& ANGELA DOTY JUDE & ANG. . A '0 JUDE & • PITY 2524 N GREENSFERRY RD 2524 N t ENSFERRY RD 2524 N GREENSFERRY RD POST FALLS, Idaho 83854 POST FALLS, Idaho 83854 POST FALLS, Idaho 83854 181322 32555 181322 -32541 181e22 -3 '8 , JUDE & ANG A DO JUDY DIMARIO JUD, D •R • 2524 N R NSFERRY RD 1104 FELLOWS DR 110' FELLOWS DR POST FA S, Idaho 83854 YAKIMA, WA 98908 YAKIMA, WA 98908 181320 -3 5.9 1 1322- 5 181322 -31412 JUDY ' '•RI• JU Y MARIO KENNETH F. SEVERN 1104 FELLOWS DR 1104 FELLOWS DR 4201 MARYLIN DR YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -3245 181322 -31416 181322 -23403 :1322 -2344. KEVIN T & DEBRA L LAVIS LEE F & MARIE GHORMLEY LE. F & 'RI - %'MLEY 4208 MARYLIN DR 4406 SNOWMOUNTAIN RD 440. S . MOUNTAIN RD YAKIMA, WA 98908 -3244 YAKIMA, WA 98908 YAK . -, WA 98908 181322 -24440 181322 -31040 181322 -23470 LOWELL S & CAROLE ROMEO MARIE TURNIDGE METINER G KIMEL 4306 SNOWMOUNTAIN RD PO BOX 3820 4405 SNOWMOUNTAIN RD YAKIMA, WA 98908 -2924 SALEM, Oregon 97302 -0820 YAKIMA, WA 98908 -2840 181322 -24436 181322 -31414 181322-23401 MICHAEL D & JUDITH LESLIE NESOR & JULIE HERNANDEZ PATRICIA HANSON 4301 SNOWMOUNTAIN RD 4202 MARY LIN DR 4404 SNOWMOUNTAIN RD YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 181322 -31006 181322 -23469 181322 -32550 PEOPLES NATIONAL BANK OF WA RAFAEL & ZOILA FERNANDEZ RAY C LESTER 5221 E THIRD AVE 4401 SNOWMOUNTAIN RD 2230 RIVERSIDE RD SPOKANE, WA 99212 YAKIMA, WA 98908 YAKIMA, WA 98901 18132. -3255A 181 22 -325. 181322 -31011 RAY C 'EST'R RAY LE 'ER RICK E & LINDA J BARNGROVER 2230 RSV "SIDE 2230 . ¥ERSIDE '0. 4303 MARYLIN DR YAKIMA, A 98901 YAKIMA, WA 98901 YAKIMA, WA 98908 181322 -24473 181322 - 31036 181322 -31007 ROBERT SPAIN SALTYMORE LLC SIG M FOSSUM 213 N 42ND AVE 204 N 85TH AVE 4104 SUMMITVIEW AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -2927 181322 -31447 181322 -31417 181322- 31012 \ STEPHEN A & BEVERLY A RUARK STEPHEN C MACKE STEPHEN L KAUF 4304 MARYLIN DR 4209 BARGE ST. 4305 MARYLIN DR ..., .. r .... ...... ...... .. .. .... . L81322-31012 181322-31410 181322-24488 STEPHEN 1 KA F1MA4 STEVE T & CHRISTEN BAER WESTPARK PROPERTIES LLC 1305 MARILI6 DR 105 N 42ND AVE 118 GILBERT DR EAKIMA, A 98908 YAKIMA, WA 98908-3215 YAKIMA, WA 98902-2861 -- -- ------- 181322-24 18322 18 322 4490 .181 22- 135 RESTPA K R PE__IES N J__ WE TPARK ”e•ERTI S LLC YAK MA CI 118 GI RT \.„__ 118 ILBERT DR 129 .. 2ND ST YAKIMA, A 98902-2861 YAK MA, WA 98902-2861 YAKIMA, WA 98901-2613 ' , . (JO-Fice of O'i bot(-- ) 72 labels printed for map sheet •bert 57 7 1 ) cird ,.. .094 lin. 4n , ,r- 9890g---- 0 ,, 9 Cindy Noble 5609 W. Arlington Yakima, WA 98908 ( _----- .,- .kl _ (ID _ 00c4-- - - - - mos c6 NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) May 3, 2007 On April 10, 2007 the City of Yakima, Washington issued a Notice of Application and Environmental Review regarding an Environmental Checklist submitted by James A. Obert, D.C. and Stephnie Obert. The applicant is proposing a rezone of one parcel from R -1 (Single - family Residential) to B -2 (Local Business). The rezone will bring the subject property into compliance with the current Urban Area Zoning Ordinance Future land use designation. The subject property is located in the vicinity of 4202 Summitview, Yakima, WA. Parcel Number: 181322 -31010 City File Number: UAZO EC #5 -07; RZ #2 -07 Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Determination and issuance of a (DNS) Determination of Nonsignificance. The SEPA Determination may be appealed within 14 days from the date of this mailing. The appeal period ends at 5:00 p.m. on May 17, 2007. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The filing fee of $505.00 must accompany the Appeal application. For further information or assistance, you may wish to contact Mary Lovell, Associate Planner at (509) 575 -6164 at the City Planning Division. Doug Maples LeQ- Planning & Code Administration Manager Notice of Decision Mailing Date: May 3, 2007 Enclosures: SEPA Determination of Nonsignificance, Site Plan, Vicinity and Mailing Maps DOC. INDEX # ie ' WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON May 3, 2007 PROJECT DESCRIPTION: Rezone one parcel from R -1 (Single - family Residential) to B -2 (Local Business). PROPONENT: James A. Obert, D.C. and Stephnie Obert LOCATION: Vicinity of 4202 Summitview Avenue, Yakima, WA. PARCEL NUMBERS: 181322 -31010 LEAD AGENCY: City of Yakima CITY FILE NUMBER: UAZO RZ #2 -07 and UAZO EC #5 -07 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. [ X ] This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. APPEALS: This determination may be appealed to the City of Yakima Hearing Examiner, 129 North 2nd Street, Yakima WA 98901 in writing no later than 5:00 p.m. on May 17, 2007. You should be prepared to make specific factual objections. Contact Mary Lovell, Associate Planner (509) 575 -6164 for more information. RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 1 DATE: May 3, 2007 SIGNATURE: DDC• INDEX PRESS RELEASE CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW AND PUBLIC HEARING DATE: April 10, 2007 TO: SEPA Reviewing Agencies, Applicant and Adjoining Property Owners FROM: Doug Maples, Code Administration and Planning Manager SUBJECT: Notice of Application for Rezone and Environmental Review NOTICE OF APPLICATION Project Location: 4202 Summitview Avenue Parcel No. 181322 -31010 Project Applicant: James A. Obert, D.C. and Stephnie Obert Project Number: UAZO — RZ #2 -07 & EC #5 -07 Date of application: March 16, 2007 Date of determination of completeness: April 4, 2007 Project Description: The City of Yakima Department of Community & Economic Development has received an application for the rezone of one parcel of property from R- 1 (Single - family Residential) to B -2 (Local Business) with Environmental Review. The applicant is requesting the rezone to bring the subject parcel into compliance with the current Urban Area Zoning Ordinance Future Land Use designation for the property. Approval of the rezone request will give the applicant the option to expand his chiropractic office space onto the adjacent parcel. ENVIRONMENTAL REVIEW The City of Yakima has reviewed the application for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS) for the proposed rezone. A copy of the subsequent threshold determination may be obtained on request and may be appealed pursuant to YMC 6.88.170. The optional DNS process in WAC 197 -11 -355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed rezone. Comment due date for Environmental Review: April 30, 2007 REQUEST FOR WRITTEN COMMENTS Agencies, tribes, and the public are encouraged to review and comment on the proposed rezone and its probable environmental impacts. All written comments received by 5:00 p.m. on April 30, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this proposal to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, WA 98901 Please be sure to reference the applicant's name or file number in your correspondence. (James A. Obert D.C. & Stephnie Obert, UAZO Rezone #2 -07 and EC #5 -07). DOC. INDEX • The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposed rezone: No impacts identified. Required Permits — The following local, state and federal permits /approvals are needed for the proposed rezone: None Required Studies: None Existing Environmental Documents: None Preliminary determination of the development regulations that will be used for project mitigation and consistency: N/A NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall. If you have any questions on this proposal, please call Mary Lovell, Associate Planner at (509) 575 -6164 or e -mail at mlovell@ci.yakima.wa.us. NOTICE OF "OPEN" RECORD PUBLIC HEARING An open record public hearing will be held before the Hearing Examiner on Thursday, May 24, 2007 at 9:00 a.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. If you have any concerns regarding this proposal, you can mail your comments to City of Yakima, Department of Community & Economic Development, Planning Division, 129 North 2nd Street, Yakima, WA 98901. The Examiner's recommendation will be forwarded to the Yakima City Council for review at a closed record public hearing. G LEGAL NOTICE CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW AND PUBLIC HEARING DATE: April 10, 2007 TO: SEPA Reviewing Agencies, Applicant and Adjoining Property Owners FROM: Doug Maples, Code Administration and Planning Manager SUBJECT: Notice of Application for Rezone and Environmental Review NOTICE OF APPLICATION Project Location: 4202 Summitview Avenue Parcel No. 181322 -31010 Project Applicant: James A. Obert, D.C. and Stephnie Obert Project Number: UAZO — RZ #2 -07 & EC #5 -07 Date of application: March 16, 2007 Date of determination of completeness: April 4, 2007 Project Description: The City of Yakima Department of Community & Economic Development has received an application for the rezone of one parcel of property from R- 1 (Single - family Residential) to B -2 (Local Business) with Environmental Review. The applicant is requesting the rezone to bring the subject parcel into compliance with the current Urban Area Zoning Ordinance Future Land Use designation for the property. Approval of the rezone request will give the applicant the option to expand his chiropractic office space onto the adjacent parcel. ENVIRONMENTAL REVIEW The City of Yakima has reviewed the application for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS) for the proposed rezone. A copy of the subsequent threshold determination may be obtained on request and may be appealed pursuant to YMC 6.88.170. The optional DNS process in WAC 197 -11 -355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed rezone. Comment due date for Environmental Review: April 30, 2007 REQUEST FOR WRITTEN COMMENTS Agencies, tribes, and the public are encouraged to review and comment on the proposed rezone and its probable environmental impacts. All written comments received by 5:00 p.m. on April 30, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this proposal to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2 Street Yakima, WA 98901 Please be sure to reference the applicant's name or file number in your correspondence. (James A. Obert D.C. & Stephnie Obert, UAZO Rezone #2 -07 and EC #5 -07). DOC. INDEX The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposed rezone: No impacts identified. Required Permits — The following local, state and federal permits /approvals are needed for the proposed rezone: None Required Studies: None Existing Environmental Documents: None Preliminary determination of the development regulations that will be used for project mitigation and consistency: N/A NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall. If you have any questions on this proposal, please call Mary Lovell, Associate Planner at (509) 575 -6164 or e -mail at mlovell@ci.yakima.wa.us. NOTICE OF "OPEN" RECORD PUBLIC HEARING An open record public hearing will be held before the Hearing Examiner on Thursday, May 24, 2007 at 9:00 a.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. If you have any concerns regarding this proposal, you can mail your comments to City of Yakima, Department of Community & Economic Development, Planning Division, 129 North 2nd Street, Yakima, WA 98901. The Examiner's recommendation will be forwarded to the Yakima City Council for review at a closed record public hearing. PLEASE PUBLISH ONCE ONLY, APRIL 5, 2007 Mail Invoice and Affidavit of Publication to: Account # 11002 City of Yakima, Planning Division 129 N. 2 Street Yakima, WA 98901 DOC. INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: RZ #2 -07 & EC #5 -07 James A. Obert, D.C. 4202 Summitview Ave I, Susie Lorance as an employee of the Yakima City 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 Planning Division, and that said notices were mailed by me on the 10 day of April ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 0e64Aft,(41_,CY Susie Lorance Planning Specialist DOG. Federal Aviation Administration Environmental Coordinator Mr. Doug Mayo Cayla Morgan, Airport Planner Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98940 Renton, WA 98055 -4056 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty IVlilier John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172n St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98940 Yakima, WA 98902 Soil Conservation Dist Donna J. Bunten Eric Bartrand Critical Areas Coordinator Attn: Ray Wondercheck Dept. of Fisheries D.O.E., Shorelands & Environ. 1606 Perry St Suite F 1701 S. 24 Ave Yakima, WA 98902 PO Box 47600 Yakima, WA 98902 Olympia, WA 98504 -7600 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District WV School District Attn: Ben Soria Yakima Greenway Foundation Attn: Peter Ansignh 111 S. 18 St. 104 N. 4 Ave 8902 Zier Road Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98908 DOC. Ex OD -RG, SEPA Reviewer Mr. Greg Griffith Army Corps Dept. of Natural Resources Div. of Archeol & Hist. Pres. PO Box c -3755 713 Bowers Rd PO Box 48343 Seattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 Sheila Ross Cascade Natural Gas Dept of Soc/Health Service WA State Attorney Gen. Office 701 S. 1 Ave Capital Programs Ofc. Bldg #2 1433 Lakeside Ct. Ste102 Yakima, WA 98902 MS OB -23B Yakima, WA 98902 Olympia, WA 98504 Chamber of Commerce Dept. of Health City of Union Gap a, Michelle Vazquez 10 N 9 St. PO Box 3008 Yakima, WA 98901 1500 W. 4 Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Lawrence Odell Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2 St., Room 1016 2809 Rudkin Road 8 S. 2n Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Lee Agri r 1200 6 Ave. MS 623 128 North 2 Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington l Art McKuen Dept of Ecology Yakima, WA 98903 104 North 1 St. 15 W. Yakima Ave. St. 200 Yakima, WA 98901 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co 2nd 6111 Tieton Drive 128 N 2 St. PO Box 47703 Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer WA State Emergency Mgmt. Div. Pacific Power Yakima Co Pub. Services Mitigation, Analysis & Planning Mike Paulson 128 N 2n St., 4 Floor Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services 128 N. 2n St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98940 Mr. Philip Rigdon Transportation Planner Mose Segouches n Yakama Indian Nation YVCOG Yakama Indian Nation 4th Environmental Protection Prog. PO Box 151 311 N. 4 Street STE 202oC PO Box 151 Toppenish, WA 98948 Yakima, WA ' 0' ` ' e j , T ppenish, WA 98948 4 1 181322 -31413 -- J 181322 -31015 — J 181322 -24439 JOHN & SHARON TWOMEY JOHN P. & ELBA RICHARDS JOY LARSON 107 N 42ND AVE, 4308 MARYLIN DR 4310 SNOW MOUNTAIN RD, 9.0 YAKIMA, WA 988x-' YAKIMA, WA 98908 -3246 YAKIMA, WA 98908 181322 -32552 181322 -3 53 181322 -3 4 JUDE & ANGELA DOTY JUDE ANGELA OTY JUDE NGELA 2524 N GREENSFERRY RD • 25 N GRE FERRY RD 2524 N GREE FERRY RD POST FALLS, Idaho 83854 POST FALLS, Idaho 83854 , POST FALLS,-Idaho 83854 • 181322 -325 181322 -32541 181322- 48 JUDE & A ELA DO JUDY DIMARIO JUDY MARI 2524 REENSF RY.RD . 1104 FELLOWS DR 11 F S DR POST ALLS, Idaho 83854 YAKIMA, WA 98908 YAKIMA, WA 98908 - 181322 -3 ;9 181322 -3 6 - 181322- 31412. JUDY D JUDY MARI KENNETH F. SEVERN 1104 LLS DR 11 FEL S DR 4201 MARYLIN DR YAKIMA, W 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -3245 • 181322 -31416 181322 - 23403 181322 -2340 KEVIN T & DEBRA L LAVIS LEE F & MARIE GHORMLEY LEE F & RIE� LEY 4208 MARYLIN DR 4406 SNOWMOUNTAIN RD 4406 OWMO ' AIN RD YAKIMA, WA 98908 -3244 YAKIMA, WA 98908 YA IMA, WA 98908 181322 -24440 181322 -31040 181322 -23470 LOWELL & CAROLE ROMEO MARIE TURNIDGE METINER G KIMEL 4306 SNOWMOUNTAIN RD - PO BOX 3820 4405 SNOWMOUNTAIN RD YAKIMA, WA 98.908 -2924 - SALEM, Oregon 97302 -0820 YAKIMA, WA 98908 -2840 • 181322 - 24436 181322 -31414 - 181322 -23401 MICHAEL D & JUDITH LESLIE NESOR & JULIE HERNANDEZ PATRICIA HANSON • 4301 SNOWMOUNTAIN RD 4202 MARY LIN DR - • 4404 SNOWMOUNTAIN RD YAKIMA, WA 98908 YAKIMA, WA 98908 • YAKIMA, WA 98908 • 181322 -31006 • 181322 -23469 181322 -32550 PEOPLES NATIONAL BANK OF WA RAFAEL & ZOILA FERNANDEZ . . RAY C LESTER 5221 E THIRD AVE 4441 SNOWMOUNTAIN RD 2230 RIVERSIDE RD . SPOKANE, WA 99212 YAKIMA, WA 98908 YAKIMA, WA 98901- 181322 -325 181322- 561 181322 - 31011 RAY C LE ER RAY C EST - RICK E & LINDA J BARNGROVER 2230 R ERSI E RD 223 IV SIDE RD 4303 MARYLIN DR YAKIMA, WA 98901 . YAKIMA, WA 98901 YAKIMA, WA 98908 181322 -24473 181322 -31036 181322 -31007 ROBERT SPAIN - SALTYMORE LLC SIG M POSSUM 213 N 42ND AVE 204 N 85TH AVE - 4104 SUMMITVIEW AVE YAKIMA,'WA 98908 YAKIMA, WA 98908 - YAKIMA, Wei 98908 -29,27 • '00( • 181322 -31447 181322 -31417 181322 -31012 4 STEPHEN A & BEVERLY A RUARK STEPHEN C MACKE STEPHEN L KAUFFMAN - " - 4304 MARYLIN DR 4209 BARGE ST 4305 MARYLIN DR V T V T TR T T.T T n n n n n n - • - - -- -- - • - - - - - -- -- -- -- - - - - - 181322 -24449 181322- 31448. 181322 -31014 ALEJO MORENO ARNOLD I R & JEAN A JACKSON — 4 ARTHUR A & MARLENE K OPFER 4305' SUMMITVIEW AVE 4215 BARGE ST. • 4307 MARYLIN DR YAKIMA, WA 98908 YAKIMA, WA 98908 -3239 YAKIMA, WA 98908 • 181322 -3103 181322 -31017 181322 -24438 ARTHUR A MARLS K OPF BERT & SALLY LIEBHOLZ CHARLES H EGLEY 4307 M YLIN 4301 BARGE ST 4309 SNOWMOUNTAIN RD YAKIMA, WA 98908 YAKIMA, WA 98908 -3241 YAKIMA, WA 98908 181322 -31037 181322 -24435 181322 -23400 CITICASTERS CO DAVID JOEL & LINDA PERRY DAVID WILLIAM PARK SR 4010 SUMMITVIEW- AVE # A 4207 SNOWMOUNTAIN RD 4403 SUMMITVIEW YAKIMA, WA 98908 -2926 YAKIMA, WA 989082923 YAKIMA, WA 98908 • 181322 -24450 181322 -24434 181322 -24519 DEAUN NILES DENNIS L & KATHERINE POOLE DONALD & MICHELLE BAUMBACH 4309 SUMMITVIEW AVE .4201 SNOWMOUNTAIN RD 4305 SNOWMOUNTAIN RD YAKIMA, WA 98908 YAKIMA, WA 98908 .YAKIMA, WA 98908 -2925 181322 -31418 181322 -23404 181322 -31016 DONALD N & JOYCE M JOY DONNA J EVANS DUANE T & MARLYS A DOLLIVER 4205 BARGE ST 4405 SUMMITVIEW AVE 4306 MARYLIN DR YAKIMA, WA 98908 YAKIMA, WA 98908 -2933 YAKIMA, WA 98908 -3246 181322 -32560 181322 -24441 181322 -24444 • ED & GLENIS TRAMMELL ELAINE H MC PHIE ELIZABETH A. LEE 1 S 68TH AVE 4302 SNOW MOUNTAIN RD 4202 SNOWMOUNTAIN RD YAKIMA, WA 98908 -1877 YAKIMA, WA 98908 YAKIMA, WA 98908 -2922 • • 181322 -31409 181322 -24442 181322 -31446 FREDRICK E & DEBRA K RICH GARY W & JOYCE R KING GERD STROM 103 N 42ND AVE 4208 SNOWMOUNTAIN RD 655 KALMIA PL N W YAKIMA, WA 98908 -3215 YAKIMA, WA 98908 ISSAQUAH, WA 98027 • 181322 -31415 181322 -31411 181322 -24443 3ATTIE HALL HERSHEL L & MOYA N ZEIGLER J M BROWN 4206 MARY LIN DR 4301 MARY LIN DR 17846 N 99TH DR YAKIMA, WA 98908 YAKIMA, WA 98908 -3247 SUN CITY, Arizona 85.373 -1678 181322 -31449 181322 - 31010 181322 -314 ' JAMES & JANICE NEWBILL JAMES A & STEPHNIE M OBERT JAMES A STEPHNIE OBERT 4213 BARGE ST 4202 SUMMITVIEW AVE 4202 . MITVIEW E YAKIMA, WA 98908 -3239 YAKIMA, WA 98908 -2928 Y• •- 'A, WA 8 -2928 181322 -23402 181322 -24447 181322 -2 48 TAMES K & DONNA J EVANS JAMES N SR BARRET JAMES SR B ET 4405 SUMMITVIEW AVE 4203 SUMMITVIEW AVE 420 UMMI IEW AVE YAKIMA, WA 98908 -2933 YAKIMA, WA 98908 YAKIMA, WA 98908 181322 -24445 181322 -31018 181322 -24446 TAY A & JEAN M SENTZ JEAN W RATCLIFFE JIM & LORA BARRETT . 118 GILBERT DR 4304 BARGE ST 4203 SUMMITVIEW AVE fAKIMA, WA 98902 -2861 . YAKIMA, WA 98908 -3240 YAKIMA, WA 98908 181322 -31612 -- -181322 -31410 . — 181322 -24488 STEPHEN L KAUFFMAN STEVE T & CHRISTEN BAER WESTPARK PROPERTIES LLC 1305 MARYLIN DR' . 105 N 42ND AVE 118 GILBERT DR • YAKIMA, WA 98908 YAKIMA, WA 98908 -3215 YAKIMA, WA 98902 -2861 • 181322-24489 ' . 181322-2400 181322 -3103 NESTPARK PRO RTIES C' WESTPARK P ERTT - LLC YAKIMA Y 118 GILBE DR 118 GIL T D 129 2N YAKIMA, A 98902- 861 � YAKIMA, WA 902 -2861 YAKIMA, WA 98901 -2613 1 2 labels printed for map sheet obert ..--7 . • . p say (I- � q1,016-.1 • .:.__;_--:-_ _ • • 1 ,,,J- , 0 (9 . . • r (n- Cindy Noble �4J 5609 V7. Arlington Yakima, wi, 98908 �' - I 3 1 a . .. .. • c _ • . .. . _. . • , • . . , . • • . • .______________...__ _._.__ D oc. it • CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW AND PUBLIC HEARING DATE: April 10, 2007 TO: SEPA Reviewing Agencies, Applicant and Adjoining Property Owners FROM: Doug Maples, Code Administration and Planning Manager SUBJECT: Notice of Application for Rezone and Environmental Review NOTICE OF APPLICATION Project Location: 4202 Summitview Avenue Parcel No. 181322 -31010 Project Applicant: James A. Obert, D.C. and Stephnie Obert Project Number: UAZO — RZ #2 -07 & EC #5 -07 Date of application: March 16, 2007 Date of determination of completeness: April 4, 2007 Project Description: The City of Yakima Department of Community & Economic Development has received an application for the rezone of one parcel of.property from R- 1 (Single - family Residential) to B -2 (Local Business) with Environmental Review. The applicant is requesting the rezone to bring the subject parcel into compliance with the current Urban Area Zoning Ordinance Future Land Use designation for the property. Approval of the rezone request will give the applicant the option to expand his chiropractic office space onto the adjacent parcel. ENVIRONMENTAL REVIEW The City of Yakima has reviewed the application for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS) for the proposed rezone. A copy of the subsequent threshold determination may be obtained on request and may be appealed pursuant to YMC 6.88.170. The optional DNS process in WAC 197 -11 -355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed rezone. Comment due date for Environmental Review: April 30, 2007 DOC. INDEX f 4 REQUEST FOR WRITTEN COMMENTS Agencies, tribes, and the public are encouraged to review and comment on the proposed rezone and its probable environmental impacts. All written comments received by 5:00 p.m. on April 30, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this proposal to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2 Street Yakima, WA 98901 Please be sure to reference the applicant's name or file number in your correspondence. (James A. Obert D.C. & Stephnie Obert, UAZO Rezone #2 -07 and EC #5 -07). The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposed rezone: No impacts identified. Required Permits — The following local, state and federal permits /approvals are needed for the proposed rezone: None Required Studies: None Existing Environmental Documents: None Preliminary determination of the development regulations that will be used for project mitigation and consistency: N/A NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall. If you have any questions on this proposal, please call Mary Lovell, Associate Planner at (509) 575 -6164 or e -mail at mlovell@ci.yakima.wa.us. NOTICE OF "OPEN" RECORD PUBLIC HEARING An open record public hearing will be held before the Hearing Examiner on Thursday, May 24, 2007 at 9:00 a.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. If you have any concerns regarding this proposal, you can mail your comments to City of Yakima, Department of Community & Economic Development, Planning Division, 129 North 2nd Street, Yakima, WA 98901. The Examiner's recommendation will be forwarded to the Yakima City Council for review at a closed record public hearing. Encl.: Narrative, Site Plan, Environmental Checklist, Mailing and Vicinity Maps DOC. INDEX REQUIRED ATTACHMENT: `��, ENVIRONMENTAL CHECKLISLA NIND ��� � �, z MAR 1 L DIV. if U : j : 1 STATE ENVIRONMENTAL POLICY ACT (SEP) 2007 lh, '' / , No . ... (AS TAKEN FROM WAC 197 -11 -960) �' ® TY Y,�KI�� � ,� Ra f , RasE y B CHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) ' � •r 4 �r y e�� ^bra ..�.:r"�s u.. a' r .dam- 1.:.dbs> . %., �` .:�' :� �'= "�- - = ;.. tom ;` ,, _" _ r " x- c "�,�c >� ` ,�'s" •}��, ° C 1S.0 ��. `^ � M M,[IeJ. 7k ' ��: '8. ;�'a ,;.. T�? - ,i ``'" r'`-.d 3 � ' & ' ';�.�, 'a`t "Rat Yr -ss... saci�7���sxa�a _., r- rT��� Y;4Yk:� �';°.; =5... �,.. �.�•, w"`.n>s..�o _. 4s,.-... 45����- r�a'73.�'�.�`�"°m'�e�� #��r {a ` 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 a avoid im•acts from the •ro • osal, if it can be done) and to hel. the a• enc decide whether an EIS is re• wired. B i i a w e . -E -, 6 i . . C C i rte" . ' :. 4,„ 5 -.3-Wit-v.:, ... .. .. . . , s« s .„i ? �;x ,;: . , fnl i , � : 3` .y , . , ,',0.'i .4?----14::-.4.-:,-0, ' � ss ,,SS.. ,e -w 4 ¢ a a m 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 reasonabl related to determinin • if there ma be si • • ' cant adverse im. act. ...�.. k ...,.s. .,. * 2 eG< _ �.�: -. �-maz , , i ti� � .,a '`u., is .> , ._. e;4 �- � " .. a�:. � , .- «- �fw�Y -; „,;: 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," "proposer," and "affected geographic area," respectively. 1. NAME OF PROPOSED PROJECT (if applicable) N/A 2. APPLICANT'S NAME & PHONE James A. Obert, D.C. & Stephnie M. Obert, (509) 966 -4700 3. APPLICANT'S ADDRESS 42 Summitview Ave. Yakima, Wa. 98908. 4. CONTACT PERSON &PHONE James A. Obert, D.C. (509) 966 -4700 5. AGENCY REQUESTING CHECKLIST City of Yakima Planning Division 6. DATE THE CHECKLIST WAS PREPARED January 1, 2007 7. PROPOSED TIMING OR SCHEDULE (including phasing, if applicable) N/A INDEX Revised 10 -98 � , � page 1 of 10 RECEIVED BACKGROUND QUESTIONS (Attach if Lengthy) MAR 1 6 2007 1. Do you have any plans for future additions, expansion, or further activity related to or c. +' • ;i proposal? If yes, explain. Future addition to Obert Chiropractic Clinic (adjacent eastern parcel #18132231429 fronting Summitview Avenue) to extend into subject parcel. 2. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None has been prepared to my knowledge. 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. NO • 4. List any government approvals or permits that will be needed for your proposal, if known. None 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.) Request rezone from R -1 to B -2, on a small lot (parcel #181322- 31010) bordered on the north by Summitview Avenue and on the south by an irrigation canal, which parcel lies directly west of parcel ( #181322- 31429) also owned by applicant where applicant •operates his business, Obert Chiropractic Clinic. 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. Legal Description: See Attached Site Plan and Map: :_See Attached jOC. ‘W, 1 page 2 of 10 �i 'f :�'•,L7" �� :. � .1,J �Ji +cam, .' � �i'/h'�. 'Pi' � �2 � - S..- �'�F F. Space Reserved for 1. Earth R omments a. General description of the site (V one): XI flat ❑ rolling ❑ hilly ❑ steep slopes El mountainous °9R 1 2007 ❑ other N/A CITy DP YAK'A4A P1 ANMNG Div b. What is the steepest slope on the site (approximate percent slope)? The slope diagonally across the site is approximately o.4 %. • 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. Avaried thickness of topsoil over gravel covers the site. It has been used only as a planting area. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. NO. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. NONE. f. Could. erosion occur as a result of clearing, construction, or use'? If so, generally describe. NO. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? NONE. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None, other than retaining current plantings. 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. NONE. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. N0. c. Proposed measures to reduce or control emissions or other impacts to air, if any: J; NONE. page 3 of 10 Space Reserved for 3. Water c Comments ED a. Surface: MAR i � ® 2007 1. Is there any surface water body on or in the immediate vicinity of the site (includjia year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, m il' OF YAKIMA describe type and provide names. If appropriate, state what stream or river it flows NI DIV. into. NO, other than canal bordering south line owned and maintained by Nob Hill Water Company. 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. 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 N0. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. N0. 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. NO. 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 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. NO. 2. Describe waste material that will be discharged into the ground from septic tanks or -6if— 0- 9 r' f' other sources, if any (for example: Domestic sewage; industrial, containing the ' &C dole following chemicals...; agricultural; etc.). Describe the general size of the system, +0 C .OW t t" the number of such systems, the number of houses to be served (if applicable), or , t, e_e" the number of animals or humans the system(s) are expected to serve. 6 t; _S( - 0g kte All waterwill be discharged into the sewer system. No septic ` Catt tanks will be constructed. c. Water Runoff (including storm water): • 1. Describe the source of runoff (including storm water) and method of collection and OO(''. disposal, if any (include quantities, if known). Where will this water flow? Will this 1N �� X water flow into other waters? If so, describe. All water runoff will be storm runoff from the adjacent building,parking_lot, sidewalks, be collected in catch basin. page 4of10 2. Could waste materials enter ground or surface waters? If so, generally describe. Space Reserved for Agency Comments It is not anticipated that waste material will be able to enter ground water. CZ6iffr d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if k4 '1) any: 1 On site storm drainage will comply with the Yakima County /r� <00? regulations. P L4A oYiQ/ff 4 4. Plants: Check (V) types of vegetation found on the site: deciduous tree: ❑ alder El maple ❑ aspen El other Magnolia evergreen green: ❑ fir © cedar © pine ❑ other © shrubs © 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? Grass area only, Indigenous plant material will continue in its existing state. c. List threatened or endangered species known to be on or near the site. NONE. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Plantings will continue to be used to enhance the visual environment. 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 Robin, Sparrow, Magpie. 2) mammals: ❑ deer ❑ bear ❑ elk ❑ beaver ❑ other NONE. 3) fish: ❑ bass ❑ salmon ❑ trout ❑ herring ❑ shellfish ❑ other NONE. b. List any threatened or endangered species known to be on or near the site. N ONE . c. Is the site part of a migration route? If so, explain. NO. 0o. AND k ...- -- d. Proposed measures to preserve or enhance wildlife, if any: Additional trees and shrubs may be planted to enhance the habitat of birds that live near the site. page 5 of 10 1 i 6. Energy and Natural Resources Space Reserved for Agency Comments 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 be used for heating, manufacturing, etc. E.0 'Vet) NONE. 26 , b. Would your project affect the potential use of solar energy by adjacent properties? If so, �°OT� C0 ©7 generally describe. 'IA "1 /041 No. _Use will not affect the solar energy potential of adjacent N / AI(,' a/V 4 properties. 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: Natural shade elements through plant material and trees. 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. NONE. 1. Describe special emergency services that might be required. NONE. 2. Proposed measures to reduce or control environmental health hazards, if any: NONE. b. Noise NONE. 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? NONE. 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. Construction from 8:00A.M. off for lunch, ending at 5:OOP.M. 3. Proposed measures to reduce or control noise impacts, if any: Only short periods of noise during foundation building. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The existing site is unused. The site is surrounded by Summitview to the North, Clinic to east, R-1 to West, Canal to South. b. Has the site been used for agriculture? If so, describe. NO. c. Describe any structures on the site. NONE . d. Will any structures be demolished? If so, what? 30C- NO. il0E e. What is the current zoning classification of the site? R -1 Page 6 of 10 f. What is the current comprehensive plan designation of the site? Space Reserved for Reclassify a single parcel from Low Density Residential to Agency Comments Neighborhood Commercial. g. If applicable, what is the current shoreline master program designation of the site? RECEIVED NOT APPLICABLE. h. Has any part of the site been classified as an "environmentally sensitive" area? If so AR 1 specify. 2007 NO. CITY OF YAKiM,i i. Approximately how many people would reside or work in the completed project? �'LANNiNG DIV. Two j. Approximately how many people would the completed project displace? NONE. k. Proposed measures to avoid or reduce displacement impacts, if any No Displacement is anticipated. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Any future building expansion by Obert Chiropractic Clinic will be designed to compliment and enhance the existing neighborhood. 9. Housing NONE. a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low - income housing. NONE. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low - income housing. NONE. c. Proposed measures to reduce or control housing impacts, if any: NONE. 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? Same as current building. b. What views in the immediate vicinity would be altered or obstructed? NONE. c. Proposed measures to reduce or control aesthetic impacts, if any: Landscaping will continue to be used to soften the impact of Summitview Ave. 11. Light and Glare NONE. a. What type of light or glare will the proposal produce? What time of day would it mainly occur? NONE. b. Could light or glare from the finished project be a safety hazard or interfere with views? NO. DQr'' c. What existing off - site sources of light or glare may affect your proposal? INDEX NONE. d. Proposed measures to reduce or control light and glare impacts, if any: NONE. page 7 of 10 12. Recreation Space Reserved for Agency Comments a. What designated and informal recreational opportunities are in the immediate vicinity? NONE. b. Would the proposed project displace any existing recreational uses? If so, describe. REceur. N0, BAR .1 c. Proposed measures to reduce or control impacts on recreation, including recreation 2 007 opportunities to be provided by the project or applicant, if any: N G ��� NONE. Ib. 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. NO. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. NONE. c. Proposed measures to reduce or control impacts, if any: N/A 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. Show on Site Plan. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? The site is served by Summitview Avenue. Acess to the site will be Summitview Avenue. c. How many parking spaces would the completed project have? How many would the project eliminate? 9 to date and room for more parking space if needed. 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). NO. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. NO. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. NONE. QC. DE g. Proposed measures to reduce or control transportation impacts, if any: NONE page 8 of 10 15. Public Services Space Reserved for Agency Comments 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: / ® NO. MAR A 0- CTy 2007 PLAAWING KIM, b. Describe the utilities that are proposed for the project, the utility providing the service, DIV and the general construction activities on the site or in the immediate vicinity, which might be needed. Utility is already provided. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electricity, water, refuse service, telephone, sanitary sewer, internet, 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. NONE. 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. Signature CDl (1.� a , January 1, 2007 Date Submitted: v A 9A IP.+ - o . A .a ( o1 1 @C.�q /� /_.� e �;.� � - 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 aro•osal, would affect the item at a eater intensit or at a faster rate than if the •ro•osal were not imslemented. 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 NONE. O 0C 1 1N p� X page 9of10 i Space Reserved for Proposed measures to avoid or reduce such increases are: Agency Comments NONE. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? iVED No Change. 6 Proposed measures to protect or conserve plants, animals, fish, or marine life are: 1 NONE. P r AKIIIVI 3. How would the proposal be likely to deplete energy or natural resources? N� ®�� No Change. Proposed measures to protect or conserve energy and natural resources are: No Change. 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? No Change. Proposed measures to protect such resources or to avoid or reduce impacts are: NONE. 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? No Change. Proposed measures to avoid or reduce shoreline and land use impacts are: NONE. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? No Change. Proposed measures to reduce or respond to such demand(s) are: NONE. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No Conflict. IN page l0 of 10 JAMES A. OBERT, D. C. EXHIBIT LIST CHAPTER F Application EXHIBIT DOCUMENT DATE F -1 Application 3/16/07 Filed Hearing Examiner EXIT # Date ' OLL File # C&'bI CITY OF YAKIM� i ESE /VED ` = w .,, LAND USE APPLICATION MAR /6 7 tior • clr ,C) . > =- µ; Vi : r' DEPARTMENT OF COMMUNITY AND ECONOMIC DEV E J ' \ if i K /J�A � Y ti' . 129 NORTH SECOND STREET, 2 FLOOR G Div so + e � --i/ KI YAMA, WASHINGTON 98902 I VOICE: (509) 575 -6183 FAX: (509) 575 -6105 32 ,. �,:�.�.< w o n - ��,." �� - :�.. •:����:- � . �, _ � �.�.- - - ..,7: = I *.... :1 't_ .a 6 ear z. ..__ = •-, - ��~�= : ��?�?��. u�v. .vim 3 .� s ... p �� ._ ._ � Y _ .�� _.,., .., -. ....�..s. ..r...w. -. ai �..Yv.. F.. >, ���r _:aG. '�' T-w.._ � .�.,a -.w .u�E.a.Y".ra.. P..�..x$'; .:8 .� > -.. i�.....z 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 II 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. Y F� 7 g .S=. 4.. .. y �. l ! V �• 5 -3 &i J xa^s"+C "'i.. "d'Y: a:. �v�� -�, .. ��,� �....,.� �� n� ,. _5��`�`�- ..��:��i`.� ��"i�. -•��� .�r c��4'�` �zs�•��..T�. i �:s,.;,,.�`.;�� 1. APPLICANT NAME James A. Obert, D.C. and Stephnie Obert 2. APPLICANT ADDRESS STREET 4202 Summitview Avenue CITY Yakima AND PHONE NUMBER STATE WA ZIP 9 8908 PHONE (509) 966 -4700 MESSAGE (509) 966 -4700 3. APPLICANT'S CHECK ® OWNER ❑ OWNER REPRESETATIVE INTEREST IN ONE ❑ CONTRACT PURCHASER ❑ OTHER PROPERTY 4. PROPERTY OWNER (IF OTHER THAN NAME APPLICANT) 5. PROPERTY OWNER'S STREET CITY ADDRESS AND PHONE OF OTHER THAN STATE ZIP PHONE MESSAGE APPLICANT) 6. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: N/A 18 1322-3 10 10 7. EXISTING ZONING OF SUBJECT PROPERTY: N/A R - 8. ADDRESS OF SUBJECT PROPERTY: N/A 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) Gytil ❑ Class (2) Use ,g1 Environmental Checklist (SEPA) ❑ Right -of -Way Vacation ❑ Class (3) Use xu () ❑ Modification to Approved Class (2) & (3) Uses Et Short Plat Exemption4 - 1j Rezone ,W 2 1 ❑ Appeal ❑ Shoreline ❑ Variance ❑ Non- Conforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation 0 Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other - Comp Plan Amendment ti R . R g .1 �, 6, 7st ' * 7 C a'�' ®E e ® 6 9 SJI,P " •� a i F7 i "� 4 1;` v 'f� 1 ,� 4 9 ' 4 ^+'- t"' �, +.a 4• � .i3 - e „�.,= �� t_sx A�.�. ��^.:m'�'�,'�Z�i% -:' t 10. SEE ATTACHED SHEETS t P.� �e as ay�o -�' ��`,� h:, ,,. 3 .. .� .._: �,��aP'�" .' ,'. Q 7 { '. W, s �.,t.' l `E '4 ".4� ' jam. q.•t 11. I ce tify that the information on this n and the required attachments are true and correct to the best of my knowledge. OLAAAtA ( C. a , 0_, January 1, 2007 SIGNATURE DiAG. r 1 ti;,, t . r `�` Jo- £ . Revised 9 - 98 FOR ADMINISTRATIVE USE ONLY . ; < n ` FILE I4i. RATE tt EE PAID RE IV Y 1 . HEARING DATE r FIECEI CITY OF YAKIMA NAR le PLANNING DIVISION 200? C ITY OF YAK SUPPLEMENTAL APPLICATION PLANNING Div REQUEST FOR YEAR 2000 COMPREHENSIVE PLAN & REGULATORY AMENDMENTS IPART II APPLICATION INFORMATION: I XXX Map Amendment Policy /Regulatory Amendment (see page 2) Residential R - 1 1. Current land use designation: Current zoning district: Local Business B - 2 Desired land use designation: Desired zonin g district: 2. General description of proposal: Applicant requests amendment of Parcel No. 181322 -31010 from R -1 to B -2. 3. Why is the land use reclassification needed? See Exh B 4. What public need is served by the proposed change? The use will accommodate the present demand for small scale neighborhood services, and conform to and compliment adjacent uses. 5. Provide a MAP labeling the location of all existing utilities, water & sewer mains, adjacent street right of ways, and adjacent land uses (i.e. residential, commercial, mixed use, industrial, vacant, etc.) surrounding the proposed amendment: See attached maps . 6. Describe any changes in circumstances that necessitate the change in land use designation: The demand for applicant's services continues to increase. As the 16t adjacent to applicant's business currently exists, there is insufficient setback and acreage for a residence. 7. How does the proposed map amendment conform to the requirements of the Growth Management Act and the Yakima Urban Area Comprehensive Plan: The planning goals of providing adequate facilities and services commensurate with density development will be promoted by the proposed amendment. 8. PROPERTY OWNERS SIGNATURE: (I, we) certify that (I, we) are the owner(s) of re ord o the above des ibed property: 4 AV GP 4 0 P (6 NER(S) S GNATURE U'4DEX # ' V — s ,, - SUPPLEMENTAL APPLICATION - N F REC EIVE E ' ''"w.:!ii J� REZONE - , f� AR 1 2007 t , , 3 CITY op `''' '� YAKINJA t' * ° x�r go t� �� - -- ' CHAPTER 15.23, YAKIMA URBAN AREA ZONING ORDINANCLNW( V. > � .. � n, , :: v. " <> .a . z : . ".. > ., �:. ,..3 . " ez;; .•3p <. . >w °a . w::� �x�r?> ^`c`, < ...,.. .» y�. , ,:. <: g ;r .a ? ,,,,, „<. .�. , . <” ? a-, "� Ja <>.zt,,, ";! .,..,> ...0 � „<<„,,,,-.; _ . A1, '.y1 ,-4,-.-,,,,,<.„.,<..z.„. .�c ..,��,..r�k o . _ .�. �' "�' :,�:ac ^';a.�, a .� � 's'�.>`">?� : r ;£- ..�, . "'t,:a s.r.. r�sr �,;. , ,< . 3 x Y..,, . r.. 'F„r.,. a °� ._.. .. >., . ,.» ,. s,.., :, >.�s .....,, _ >,, : >a.. Sz'>a, x ^.;:i ;..,js'.�"' >s »� n<,�. - .r�, .;:�ez>f; i , ..:z <.. :. P. ,:S, .... .. > n ... ,., ..Z < �' t.. .... ,>, �i,::,,. irc.:�� a....:,,. � ?.n:. " > �.. ���: " ?:�.. >. .t/Y. .., ., . ...< ..... .o. a���£>; . .. . <, r > �'9: >... ,. .., 1. REQUEST: (I, we) the property owner(s) request that the following described property be rezoned: From Residential R - 1 T Local Business B - 2 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) See Exhibit A 3. OWNER'S SIGNATURE: (I, we) certify that (I, we) are the owner(s) of record of all of the above described property: " Th - LAAASI i N OL tuba-a o.. ' „. (OWN O SIGNATURE) STATE OF WASHINGTON) COUNTY OF YAKIMA ) On this day personally appeared before me known to me to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they are the owner(s) of the property requested to be rezoned, have read the application and know the contents thereof, and believe the same to be true. GIVEN under my hand and official seal this day of ,19_. Mg �i.! ":` .. ... � » : � � ..�: 0.i ". <:.w.� .• .: , ,, .< . : .z .., 2, .: �> ; > ,:: : ".: �, ., tom` � »K.!v`v�. :.;€£a'�'.��'�r,S,.''. c9 <.�:��_,,, "'�s,V� ?kz<7:i1Yy'�,,.�k,,., , ..<.,. .���,c >,;,�. ".�^�:a_rR.,. <:.�'t�.�,:<.> .?S >:..��b��y�:<a�<Ma� ^. �:�.a'�� <a....c, �,�a�,��.r,,..x�.s� aa�z�� «�'s�.,w�`�'�.,' A,,�:'>°'��� < t >�w;�: 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? EXHIBIT B 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? EXHIBIT B 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? YES 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 space • traffic flow alternation, etc.? EXHIBIT B E. Is there a public need for the proposed change? YES 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 DGCe part of the public hearing record. Clear, comprehensive and accurate detail of the information is in the best interest of the applicant. INDEX `Revised 9 -98 # J R ECEIVED EXHIBIT B MA 6 2007 CITY OF YAW A PLANNING DIV Applicant requests a Comprehensive Plan Amendment, amending the map from R -1 to B -2 for a small lot (parcel #181322 - 31010) bordered on the north by Summitview Avenue and on the south by an irrigation canal, which parcel lies directly west of a parcel ( #181322 - 31429) also owned by applicant where applicant operates his business, Obert .Chiropractic Clinic. The proposed Amendment of the map for parcel #181322 -31010 from R -1 to B -2 would not cause any material adverse effect to the surrounding parcels in that the irrigation canal serves as a buffer to residential neighborhoods to the south and Summitview Avenue (a busy throroughfare) borders the northern property line. Additionally, the proposed Amendment would not cause any material adverse effect to the adjacent Small Convenience Center (SCC Zoning) to the east. As the lot currently exists, there is insufficient setback and acreage for a residence and the highest and best use of the property would be to allow the proposed amendment to B -2 in order to give applicant the option to expand his chiropractic office space (subject to City permitting and approval) onto his adjacent parcel. 128:obert \ExhibitB DOC. INDEX REQUIRED ATTACHMENT: RECevED 41, • . ~4 ENVIRONMENTAL CHECKLIST • 1:11 ST A A�JJ l 6 .., STATE ENVIRONMENTAL POLICY ACT (SEPA) 2007 .. CITY Ir• '• ,;. i tic o ,, , 6t' � (AS TAKEN FROM WAC 197 -11 -960) OF yA K��r . RP .� jr PLA NNING DIt, � GRATED ry CHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) 4 � Ep�� ri l � �' t4 ,� ``� ���W IC i�i �� ������^�s`�= �''�` y. r '�s *-i ,_.. ;� s ^. � � ����r ^ F���.7 ° 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 im. acts from the •ro • osal, if it can be done) and to hell, the a • enc decide whether an EIS is re. uired ?, ; its . �ti� c ,�' ` ` � ,55 r '` �' i '' �� ` 'F- _..�°.• .. •. �� _,..,.. tA. �C: - . " ��� ��� i1 � #',.`�+• �� �tis° _sa`r. F 1,„ ,•'. ,_ 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 reasonabl related to determinin: if there ma be si:.'ficant adverse iml,act. . � '�. r.e , y � �_�!a �. 1 ? ,d 4 Velut,i _ a w- 0 } ate 4,w,;„ z�z. ay ��"DF6; r ����i����'i�v�, e e � �� � six.. .` t .s # . , � � �� 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 ".ro.osal," ".ro.oser," and "affected :eo: a.hic area," res .ectivel . t ��.. :AT I ,, . �3 m� o � -� F n��ut�. -, � �� ���, 1. NAME OF PROPOSED PROJECT (if applicable) N/A 2. APPLICANT'S NAME &PHONE James A. Obert, D.C. & Stephnie M. Obert, (509) 966 -4700 3. APPLICANT'S ADDRESS 42 Summitview Ave. Yakima, Wa. 98908 4. CONTACT PERSON & PHONE James A. Obert, D.C. (509) 966 -4700 5. AGENCY REQUESTING CHECKLIST City. of Yakima Planning Division 6. DATE THE CHECKLIST WAS PREPARED January 1, 2007 7. PROPOSED TIMING OR SCHEDULE (including phasing, if applicable) N/A DOC. INDEX Revised 10 -98 # page 1 of 10 RECEIVED BACKGROUND QUESTIONS (Attach if Lengthy) MAR 16 2007 1. Do you have any plans for future additions, expansion, or further activity related to or ci !' • • i ` I L proposal? If yes, explain. !'L' Future addition to Obert Chiropractic. Clinic (adjacent eastern parcel #181322 -31429 fronting Summitview Avenue) to extend into subject parcel. 2. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. • None has been prepared to my knowledge. 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. NO • 4. List any government approvals or permits that will be needed for your proposal, if known. None 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.) Request rezone from R -1 to B -2, on a small lot (parcel #181322- 31010) bordered on the north by Summtview Avenue and on the south by an irrigation canal, which parcel lies directly west of parcel ( #181322- 31429) also . owned by applicant where applicant • operates his business, Obert Chiropractic Clinic. 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. Legal Description: See Attached Site Plan and Map: ;.:See Attached 00C• 1ND page 2of10 • •".9?.<+w.w. :TAA�b.• -."Z� ti �x rw.v -�'rtrc } G'�"Yx}.. }, G -S �h s� f;.v . ..A'.r �K:...�� �: • "s,.,s ,s-n• 'p 1 -..�;' ' ^�" '�3, s w�,c�;py` ,�'� _ ��- - � � � „.r�.�� _.,7- '•'�� i ��? .� : v�° , :f.:_ : T" + M sF� 0710 Wirt. �ri:M tJa�t, fi �� .' `t r�'': . ,`:.xcf"M.`.< Space Reserved eserved for 1. Earth� se ents • a. General description of the site V one): NIC flat El ❑ hilly ❑ steep slopes ❑ mountainous A R 1 20 ©r El other N/A CI P VAK AN b. What is the steepest slope on the site (approximate percent slope)? • The slope diagonally across the site is approximately o.4 %. 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. Avaried thickness of topsoil over gravel covers the site. It has been used only as a planting area. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. NO. e. Describe the purpose, type, and approximate quantities of any filing or grading • proposed. Indicate source of fill. NONE. • f. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. NO. g. About what percent of the site will be covered with impervious surfaces after project • construction (for example, asphalt or buildings)? NONE . • h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None, other than retaining current plantings. • 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. NONE. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. NO. c. Proposed measures to reduce or control emissions or other impacts to air, if any: INDEX NONE. • page 3 of 1( 3. Water Space Reserved for c Comments ED a. Surface: WI 1 2007 1. Is there any surface water body on or in the immediate vicinity of the site (incluc1A year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, p( N G K A describe type and provide names. If appropriate, state what stream or river it flows into. NO, other than canal bordering south line owned and maintained by Nob Hill Water Company. 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. 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 NO. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. N0. 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. NO. 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 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. NO. 2. Describe waste material that will be discharged into the ground from septic tanks or ta. a.6+0 0•t - C other sources, if any (for example: Domestic sewage; industrial, containing the lot, d t Scuatr c . following chemicals...; agricultural; etc.). Describe the general size of the system, 40 a. OtAkt f the number of such systems, the number of houses to be served (if applicable), or ,r £ 6kevvI the number of animals or humans the system(s) are expected to serve... .1.- All waterwill be discharged into the sewer system. No .septic Y2'4tktt tanks will be constructed. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and. IOC • disposal, if any (include quantities, if known). Where will this water flow? Will this NDEX water flow into other waters? If so, describe. # All water runoff will be storm runoff from the adjacent --°" building,parking_lot, sidewalks, be collected in catch basin. page 4- of10 2. Could waste materials enter ground or surface waters? If so, generally describe. Space Reserved for Agency Comments It is not anticipated that waste material will be able to enter ground water. ��; ���� d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if 11,1 A l any: On site storm drainage will comply with the Yakima County C'Yryn_ BOO? regulations. Ittli/44 OP. 4. Plants: P. a. Check (✓) types of vegetation found on the site: deciduous tree: ❑ alder ED maple ❑ aspen ❑ other Magnolia evergreen green: ❑ fir © cedar © pine ❑ other © shrubs 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? Grass area only, Indigenous plant material will continue in its existing state. c. List threatened or endangered species known to be on or near the site. NONE. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Elantings will continue to be used to enhance the visual environment. 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 Robin, Sparrow, Magpie. 2) mammals: ❑ deer ❑ bear ❑ elk ❑ beaver ❑ other NONE. 3) fish: ❑ bass ❑ salmon ❑ trout ❑ herring ❑ shellfish ❑ other NONE. b. List any threatened or endangered species known to be on or near the site. NONE. c. Is the site part of a migration route? If so, explain. NO. iS D�X 11 d. Proposed measures to preserve or enhance wildlife, if any: Additional trees and shrubs may be planted to enhance the habitat of birds that live near the site. page 5 of iC l � 6. Energy and Natural Resources Space Reserved for Agency Comments 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 be used for heating, manufacturing, etc. eeeVE NONE. (WAR 2 b. Would your project affect the potential use of solar energy by adjacent properties? If so, CIT 20 07 generally describe. r� y �'AKI N0.' = -Use will not affedt the solar energy potential of adjacent ��N /i/ properties. 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: Natural shade elements through plant material and trees. • 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. NONE. 1. Describe special emergency services that might be required. NONE. 2. Proposed measures to reduce or control environmental health hazards, if any: NONE. b. Noise NONE. 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? NONE. 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. Construction from 8:00A.M. off for lunch, ending at 5:OOP.M. 3. Proposed measures to reduce or control noise impacts, if any: Oily short periods of noise during foundation building. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The existing site is unused. The site is surrounded by Summitview to the North, Clinic to east, R-1 to West, Canal to South. b. Has the site been used for agriculture? If so, describe. NO. c. Describe any structures on the site. NONE. d. Will any structures be demolished? If so, what? GG NO0 1N4 e. What is the current zoning classification of the site? R -1 Page 6 of 10 f. What is the current compraiensive plan designation of the site? Space Reserved for Reclassify a single parcel from Low Density Residential to Agency Comments Neighborhood Commercial. g. If applicable, what is the current shoreline master program designation of the site? RECEIVED NOT APPLICABLE. h. Has any part of the site been classified as an "environmentally sensitive" area? If so !WAR 1 6 specify. 2007 No. • CtTY OF YAKIi,4 i. Approximately how many people would reside or work in the completed project? LANNING DIV Two j. Approximately how many people would the completed project displace? NONE. k. Proposed measures to avoid or reduce displacement impacts, if any No Displacement is anticipated. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Any future building expansion by Obert Chiropractic Clinic will be designed to compliment and enhance the existing neighborhood. 9. Housing NONE. a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low - income housing. NONE. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. NONE. c. Proposed measures to reduce or control housing impacts, if any: NONE. 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? Same as current building. b. What views in the immediate vicinity would be altered or obstructed? NONE. c. Proposed measures to reduce or control aesthetic impacts, if any: Landscaping will continue to be used to soften the impact of Summitview Ave. 11. Light and Glare NONE. a. What type of light or glare will the proposal produce? What time of day would it mainly occur? NONE. b. Could light or glare from the finished project be a safety hazard or interfere with views? N0. • c. What existing off - site sources light or glare may affect your proposal? 0' NONE. . \ \C i \ d. Proposed measures to reduce or control light and glare impacts, if any: NONE. page 7 of 10 12. Recreation Space Reserved for Agency Comments a. What designated and informal recreational opportunities are in the immediate vicinity? NONE. b. Would the proposed project displace any existing recreational uses? If so, describe. REcEIvvo NO. 6 c. Proposed measures to reduce or control impacts on recreation, including recreation /OAR opportunities to be provided by the project or applicant, if any: CIT�y N � K►NI�s NONE. DIV 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. NO. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. NONE. c. Proposed measures to reduce or control impacts, if any: N/A 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. Show on Site Plan. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? The site is served by Summitview Avenue. Acess to the site will be Summitview Avenue. c. How many parking spaces would the completed project have? How many would the project eliminate? 9 to date and room for more parking space if needed. 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). NO. • e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. NO. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. NONE. g. Proposed measures to reduce or control transportation impacts, if any: \ NONE. �$ page 8 of 10 15. Public Services Space Reserved for Agency Comments a. Would the project result in an increased need for public services (for example: fire REC�, protection, police protection, health care, schools, other)? If so, generally describe: V E ® NO. BAR 6 2007 W Ty oF A b. Describe the utilities that are proposed for the project, the utility providing the service, G DIV. and the general construction activities on the site or in the immediate vicinity, which might be needed. Utility is already provided. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electric ±ty, water, refuse service, telephone, sanitary sewer, internet, 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. NONE. 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. �, a January 1, 2007 Signature >C M- Date Submitted: � e.E. . � ..� . ,;� --x -. �_.. r ; -�. - ..ter•_. , ' w;::� =��h 2 '"� S ' � i ,� r e s � a. .ei c t r �' .7 s- 3 - �k4 -:�y � r i .,i:t c _; . ,k, �� � � 3 .. . � . r 5 ., e r g 'k e �„ : •<rn� �:x. < k ��� � 1"" "' �p.t' -8. W-At -4:°.zl? ftir & 9 9 111 - 1,V A Ur', z--1: �, y 3a' cs i " "' - , .f',.'f �•'"- ��'': 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 .ro.osal, would affect the item at a • eater intensit or at a faster rate than if the .ro.osal were not im.lemented. ? c >� "' c , r�`�� r e=.,:.�,�^sF° ,� „� ,< �� r�,�y,"r- =y'K"'; � � �r� yt� � � t '� � �; �n � �� �s�� �� � �,� � � ���� Yam ,i� �� i , 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 NONE. °C 11 40 °C page 9 of 10 Space Reserved for Proposed measures to avoid or reduce such increases are: Agency Comments NONE: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? No Change. Proposed measures to protect or conserve plants, animals, fish, or marine life are: x 6 2007 NONE. p 3. How would the proposal be likely to deplete energy or natural resources? NG Div No Change. Proposed measures to protect or conserve energy and natural resources are: No Change. 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? No Change. Proposed measures to protect such resources or to avoid or reduce impacts are: NONE. 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? No Change. Proposed measures to avoid or reduce shoreline and land use impacts are: NONE. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? No Change. Proposed measures to reduce or respond to such demand(s) are: NONE. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No Conflict. r \DE page 10 of 10 JAMES A. OBERT, D. C. EXHIBIT LIST CHAPTER G Public Comments EXHIBIT # DOCUMENT DATE G-1 Comment letter from John and Elba Richards 4/30/07 • t t; a er G p(740 Doug Maples, Code Administration and Planning Manager City of Yakima, Dept. of Community & Economic Development E�' �''/ � 129 N. 2 Street � -7 � � Yakima, WA 98901 Z '7 r� ��� � ! 0 2 i v 0 p Subject: James & Stephnie Obert, UAZO Rezone #2 -07 & Ec #5 -07 p Y Y AKi, O Dear Mr. Maples, Several years ago when the Oberts' acquired parcel no. 181322- 31010, they made the statement that they had no intention of developing it. It was to be maintained as a landscaped area. We had no problem with that and think that the Oberts' original intention should be maintained in perpetuity. Our concerns with development are parking and increased traffic on 42 Avenue and air pollution. The city has done a poor job of protecting our residential neighborhood. The businesses on Summitview continue to use 42 Ave and Mary Lin Drive for parking. The north driveway to Almon Realty is particularly egregious. There are continual conflicts at this point that should never have been allowed from the beginning. The Oberts' driveway across the street could be just as bad as the Almon Realty driveway if it were to receive addition traffic. The Oberts have compounded the congestion problem at 42 Ave and Summitview by imposing sight distance restrictions with their landscaping and signage. By allowing the subject rezone, the neighborhood will only see increased congestion along 42 Ave. If you fixed the traffic congestion problem that Almon Realty's north driveway created, asked the Oberts to maintain a sight triangle in the SW quadrant of the Summitview and 42 Ave Intersection and eliminate their north access point to 42 Ave, and took the business parking off 42 Avenue then we might have fewer objections to the Obert development. If in spite of our objections to the subject development you allow it, then at a minimum the Oberts should open a sight triangle at 42 and Summitview by cutting back the landscaping and signage and give up their north access north to 42 Avenue. The city should also commit to maintaining the sight distance and eliminate any problems they have created here and elsewhere. Sincerely, 0 6//// I/F John and Elba Richards 4308 Mary Lin Drive Yakima, WA 98908 INDEX < � ' s - . Fa . JAMES A. OBERT, D. C. EXHIBIT LIST CHAPTER H Notices EXHIBIT DOCUMENT DATE H -1 Determination of Application Completeness 4/4/07 H -2 Land Use Action Installation 4/8/07 H -3 Notice of Application, Environmental Review and Public 4/10/07 Hearing H -4 Parties of Record Notified 4/10/07 H -5 Affidavit of Mailing 4/10/07 H -6 Legal Notice 4/10/07 H -7 Press Release 4/10/07 H -8 Notice of Decision 5/3/07 H -9 Parties of Record Notified 5/3/07 H -10 Affidavit of Mailing 5/3/07 H -11 Legal Notice 5/3/07 H -12 Press Release 5/3/07 H -13 Hearing Examiner Agenda 5/24/07 H -14 Hearing Sign -in Sheet 5/24/07 H -15 Posting of Hearing Examiner's Recommendation on City of 6/1/07 Yakima, Website H -16 Notification of Hearing Examiner's Recommendation to 6/5/07 Yakima City Council H -17 Parties of Record Notified 6/5/07 H -18 Affidavit of Mailing 6/5/07 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: RZ #2 -07 & EC #5 -07 James A. Obert 4202 Summitview I, Susie Lorance as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner Recommendations to City Council. 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 5th day of June ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Susie Lorance Planning Specialist DO( O( . INDEX Parties of Record Notified James & Stephnie Obert Allan Neal 1)0 NM X # \ I NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL June 5, 2007 On June 1, 2007 the City of Yakima Hearing Examiner rendered his recommendation on a UAZO RZ #2 -07 & EC #5 -07. The Applicant is requesting to rezone a parcel at 4202 Summitview Avenue from the Single Family Residential (R -1) zoning district to the Local Business (B -2) zoning district. The application was reviewed at a public hearing held by the Hearing Examiner on May 24, 2007. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. 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. For further information or assistance you may contact Bruce Benson, Supervising Planner at (509) 575 -6042 at the City Planning Division. h Doug Maple Code Administrator & Planning Manager Date of mailing: June 5, 2007 Enclosures: Hearing Examiners Recommendation N {[) 1X ti l -� - to Page 1 of 1 Lorance, Susie From: Lorance, Susie Sent: Monday, June 18, 2007 9:25 AM To: Lorance, Susie Subject: FW: Obert Recommendation From Peters, Jeff Sent: Monday, June 18, 2007 8:59 AM To: Lorance, Susie Subject: Obert & Mercado Recommendation & Decision Obert was posted on the web on 6- 01 -07. DOG, INDEX 6/18/2007 HEARING SIGN-IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: May 24, 2007 CASE #: APPLICANT: SITE ADDRESS: RZ #2-07 & EC #5-07 James A. Obert 4202 Summitview PLEASE PRINT NAME: ADDRESS: ZIP: e- 't bt ScciAntAti et/04m- 10-kcigat GM V'? a omnit e-S vyl. CIA) (ekes 6_' ma C I- C t(:)B \)ei4 n 1 Sb ""1 u „A Vq°3 INDLX, tt CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday, May 24, 2007 Yakima City Hall 9:00 am Council Chambers I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING A. JAMES A. ORBERT, D. C. Planner Assigned: Mary Lovell File Number: UAZO RZ #2 -07 & EC #5 -07 Location: 4202 Summitview Ave Request: Rezone from R -1 to B -2 IV. ADJOURNMENT If 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. DOS,, INDEX PRESS RELEASE WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON May 3, 2007 PROJECT DESCRIPTION: Rezone one parcel from R -1 (Single - family Residential) to B -2 (Local Business). PROPONENT: James A. Obert, D.C. and Stephnie Obert LOCATION: Vicinity of 4202 Summitview Avenue, Yakima, WA. PARCEL NUMBERS: 181322 -31010 LEAD AGENCY: City of Yakima CITY FILE NUMBER: UAZO RZ #2 -07 and UAZO EC #5 -07 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. [ X ] This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. APPEALS: This determination may be appealed to the City of Yakima Hearing Examiner, 129 North 2nd Street, Yakima WA 98901 in writing no later than 5:00 p.m. on May 17, 2007. You should be prepared to make specific factual objections. Contact Mary Lovell, Associate Planner (509) 575 -6164 for more information. RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DOC. INDEX ' LEGAL NOTICE WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON May 3, 2007 PROJECT DESCRIPTION: Rezone one parcel from R -1 (Single - family Residential) to B -2 (Local Business). PROPONENT: James A. Obert, D.C. and Stephnie Obert LOCATION: Vicinity of 4202 Summitview Avenue, Yakima, WA. PARCEL NUMBERS: 181322 -31010 LEAD AGENCY: City of Yakima CITY FILE NUMBER: UAZO RZ #2 -07 and UAZO EC #5 -07 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 infouuation is available to the public on request. [ X ] This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. APPEALS: This determination may be appealed to the City of Yakima Hearing Examiner, 129 North 2nd Street, Yakima WA 98901 in writing no later than 5:00 p.m. on May 17, 2007. You should be prepared to make specific factual objections. Contact Mary Lovell, Associate Planner (509) 575 -6164 for more information. RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 PLEASE PUBLISH ONCE ONLY ON MAY 3, 2007 Mail Invoice and Affidavit of Publication to: Account #11002 City of Yakima, Planning Division 129 N. 2 Street Yakima, WA 98901 DOC. INDE AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: EC #5 -07 & RZ #2 -07 James Obert 4202 Summitview Ave. I, Susie Lorance as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Decision. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant 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 Planning Division, and that said notices were mailed by me on the 3 day of May ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Susie Lorance Planning Specialist DOC. INDEX \)I /' L81322-31012 181322-31410 181322-24488 STEPHEN ICJ. MAL STEVE T & CHRISTEN BAER WESTPARK PROPERTIES LLC 1305 IvIARLIb DR 105 N 42ND AVE 118 GILBERT DR YAKIMA, A 98908 YAKIMA, WA 98908-3215 YAKIMA, WA 98902-2861 181322-24 18 322 4490 .181 22- '35 RESTPA•K -RIPE IES LLC WE•TP4RK ”o'ERTI S LLC YAK'MA CI _ 118 GI :'RT e' 118 cILBERT DR 129 2ND ST YAKIMA, A 98902-2861 YAK MA, WA 98902-2861 YAKIMA, WA 98901-2613 A J011 Ce 9'1 3".2 labels printed for map sheet •bert ardy • • - .094 1* • • • rAc r- 989O— () Cindy Noble 5609 W. Arlington Yakima, WA 98908 _ _ . _ _ ....... ....... . _ . ..___._ ( _ . • • INDEX . . . . . . ' _ . .. : . . • • • . . . . . . . . . . .. . . . 181322-31413 . 1813.22-31015 • • • 181322-24439 . JOHN & SHARON TWOMEY • ' JOHN P. & ELBA RICHARDS ' . - JOY LARSON .% 107 N 42ND AVE ' -. . 4308 MARYLIN . 4310 SNOW MOUNTAIN RD. YAKIMA, WA 98908 YAKIMA, WA 98908-3246 YAKIMA, WA 98908. - • . • . . . . . • • • • . . . . . . . . • • ' . • ' ' 181322-32552 . - 181322 . 181 22-32 -' • JUDE ,& ANGELA DOTY JUDE & ANG.. A DO . : • JUDE & .. ..TY 2524 GREENSPERRY RD . 2524 N t ENSFERRY RD 2524 N GREENSFERRY- RD POST FALLS, Idaho 83.854 . POST FALLS; Idaho 83854 POST FALLS, Idaho 83854 • . . ' . . . . • . • • • 181322 32555 . . 181322-32541 - • 181c22-3 , 8 JUDE & ANG A DO ' JUDY DIMARIO JUD. D. 'R • • . 2524 N R NSFERRY RD 1104 FELLOWS DR 110 FELLOWS DR' POST FA S, Idaho 83854 YAKIMA, WA 98908. YAKIMA, WA 98908 . : • - - . • . . • . , 1813 2L3-3e6i)-„' • ' ' - 1 1322- 5 . 181322-31412 JUDY RI JU Y MARIO • KENNETH F. SEVERN- 1104 FELLOWS DR 0 ' 1104 FELLOWS DR 4201 MARYLIN DR YAKIMA, WA 98908 . YAKIMA, WA 98908. YAKIMA, WA 98908-3245 . • • . . . . . . . • 181322-31416 181322-23403 :1322-2344. • KEVIN T & DEBRA L LAVIS LEE F & MARIE GHORMLEY LE F & ,oRI .. 4208 MARYLIN DR 4406 SNOWMOUNTAIN RD 440. S MOUNTAIN RD YAKIMA,' WA 98908-3244 YAKIMA, WA 98908 . YAK 0 WA 98908 .• . ' 181322-24440 181322-31040. 181322-23410 LOWELL S & CAROLE ROMFO MARIE TURNIDGE METINER G KIMEL 4306 SNOWMOUNTAIN RD PO BOX 3820 4405 SNOWMOUNTAIN RD YAKIMA, WA 98908-2924 SALEM, Oregon 97302-0820 YAKIMA, WA 98908-2840 • . . . . 181322-24436 . 181322-31414 181322-23401 MICHAEL D & JUDITH LESLIE ' NESOR &-JULIE HERNANDEZ PATRICIA HANSON 4301 SNOWMOUNTAIN RD ' ' 4202 MARY LIN DR 4404 SNOWMOUNTAIN RD YAKIMA, WA 98908 YAKIMA, WA 98908 - YAKIMA, WA 98908 _ — -------- • . ' - 181322-31006 181322-23469 181322-32550 ' PEOPLES'NATIONAL BANK OF WA RAFAEL & ZOILA FERNANDEZ RAY C-LESTER 5221 E THIRD AVE 4401 SNOWMOUNTAIN RD .2230 RIVERSIDE RD . • SPOKANE, WA 99212 YAKIMA, WA 98908 . YAKIMA, WA 98901 • __. • . . . , . 18132 . .-3255 181 22-325. 181322-31011 RAY C 'EST'R RAY LE ER RICK E & LINDA J BARNGROVEI 2230 RV :•SIDE '!.! 2230 " fERSIDE "ir 4303 MARYLIN DR YAKIMA, A 98901 YAKIMA, WA 98901 YAKIMA, WA 98908 181322-24473 181322 181322-31007 , . ROBERT SPAIN 0 SALTYMORE LLC SIG M FOSSUM 213 N 42ND AVE . 204 N.85TH AVE . 4104 SUMMITVIEW AVE YAKIMA, WA 98908 YAKIMA, WA 98908 . YFDTMD WA 98908-2927 --• • - . - • # 181322-31447 . 181322-31417 .. 1822":1176572 STEPHEN A & BEVERLY A RUARK STEPHEN C MACKE • ' STEPHEN L KAUFFMAN 4304 MARYLIN.DR 4209 BARGE ST. • 4305 MARYLIN DR 181322 -24449 181322 -31448 181322 -31014 ALEJO MORENO ARNOLD R & JEAN A JACKSON ARTHUR A & MARLENE K OPFER 4305 SUMMITVIEW AVE 4215 BARGE ST 4307 MARYLIN DR YAKIMA, WA 98908. '. YAKIMA, WA 98908 -3239 YAKIMA, WA 98908 18132 -310 ' - 181322 -31017 " . 181322 -24438 • ARTHtJ' A MA,LENE •PFE•• BERT & SALLY LIEBHOLZ CHARLES H EGLEY 4307 , r'LIN D' 4301 BARGE ST • 4309 SNOWMOUNTAIN RD YAKIMA, WA 98908 YAKIMA, WA 98908 -3241 YAKIMA, WA 98908 ' 181322 -31037 181322 -24435 181322 -23400 CITICASTERS CO DAVID JOEL & LINDA PERRY DAVID..WILLIAM PARK SR 4010 SUMMITVIEW AVE # A . 4207 SNOWMOUNTAIN RD 4403 SUMMITVIEW YAKIMA, WA 98908 -2926 YAKIMA, WA 989082923 YAKIMA, WA 98908 181322 -24450 181322 - 24434 181322 -24519 • • DEAUN NILES DENNIS L & KATHERINE POOLE DONALD & MICHELLE BAUMBACH 4309 SUMMITVIEW AVE 4201 SNOWMOUNTAIN RD 4305 SNOWMOUNTA.IN RD YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -2925 181322 -31418 181322 -23404 181322 -31016 DONALD N & JOYCE M JOY DONNA J EVANS • 'DUANE T & MARLYS A DOLLIVER 4205 BARGE ST 4405 SUMMITVIEW AVE 4306 MARYLIN DR YAKIMA, WA 98908 YAKIMA, WA 98908 -2933 YAKIMA, WA 98908 -3246 • 181322 -32560 181322 -24441 181322 -24444 ED & GLENIS TRAMMELL ELAINE H MC PHIS ELIZABETH A. LEE 1 S 68TH AVE 4302 SNOW MOUNTAIN RD 4202 SNOWMOUNTAIN RD YAKIMA, WA 9890.8 -1877 YAKIMA, WA 98908 YAKIMA, WA 98908 -2922 181322 -31409 181322 - 24442 181322 -31446 FREDRICK E & DEBRA K RICH GARY W'& JOYCE R KING GERD STROM 103 N 42ND AVE 4208 SNOWMOtNTAIN RD . 655 KALMIA PL N W YAKIMA, WA 98908 -3215 YAKIMA, WA 98908 ISSAQUAH, WA 98027 181322 -31415 181322 -31411 181322 -24443 HATTIE HALL HERSHEL L & MOYA N ZEIGLER J M BROWN 4206 MARY LIN DR 4301 MARY LIN DR 17846 N 99TH DR YAKIMA, WA 98908 . YAKIMA, WA 98908 -3247 SUN CITY, Arizona 85.373 -1678 • 181322 - 31449 .181322 -31010 181322 -31' JAMES & JANICE NEWBILL JAMES A & STEPHNIE M OBERT JAMES A • ST.PHNI OB • 4213 BARGE ST 4202 SUMMITVIEW AVE 4202 -,'MITVI , VE YAKIMA, WA 98908 -3239 YAKIMA, WA 98908 -2928 YAKIMA, WA 98908 -2928 • • 181322 -23402 181322 -24447 1813'2- x'48 • JAMES K & DONNA J EVANS JAMES N SR BARRET JAMES , S' B•'•E . 4405 SUMMITVIEW AVE 4203.SUMMITVIEW AVE • 4203 UMMI 'IEW AVE YAKIMA, WA 98908 -2933 YAKIMA, WA 98908 YAKIMA, WA 986Q,8 •. -- ---- . _._..... l�� 181322 -24445 181322-31018 181 22- 4 +46#' ..„�..� -�"°'� JAY A & JEAN M SENTZ JEAN W RATCLIFFE JIM & ••, B•e T 118 GILBERT DR 4304 BARGE ST 4203 • MMI IEW AVE YAKIMA, WA 98902 -2861 YAKIMA, WA 98908 -3240 YAKI A, WA 98908 OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources G Arch Griffith PO Box c -3755. 713 Bowers Rd Div. of Arch & Hist. Pres. Seattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Sheila Ross Dept of Soc/Health Service Cascade Natural Gas Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. 1' Ave 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 Michelle Vazquez 10 N 9 St. �, PO Box 3008 Yakima, WA 98901 1500 W. 4 Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2n St., Room 1016 2809 Rudkin Road 8 S. 2n Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Lee Agr c ult r 1200 6 Ave. MS 623 128 North 2 Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington t Art McKuen Dept of Ecology Yakima, WA 98903 104 North 1 St. 15 W. Yakima Ave. St. 200 Yakima, WA 98901 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Nob Hill Water Co Yakima Co Planning Environ Review Section 128 N 2 St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer WA State Emergency Mgmt. Div. Pacific Power Yakima n C o Pub. Services Mitigation, Analysis & Planning Mike Paulson 128 N 2 St., 4 Floor Supervisor - Building 20 500 N. Keys Rd Yakima, WA 98901 Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services 128 N. 2n St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98940 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. PO Box 151 .DQC • Toppenish, WA 98948 Yakima, WA 98901 , Toppenish, WA G' Federal Aviation Administration Environmental Coordinator Cayla Morgan, Airport Planner Bureau of Indian Affairs Mr. Doug Mayo Seattle Airports District Office Wastewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Toppenish, WA 98940 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Faun worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223. Toppenish, WA 98940 Yakima, WA 98902 Donna J. Bunten Eric Bartrand Soil Conservation Dist Critical Areas Coordinator Attn: Ray Wondercheck Dept. of Fisheries D.O.E., Shorelands & Environ. 1701 S. 24` Ave 1606 Perry St Suite F PO Box 47600 Yakima, WA 98902 Yakima, WA 98902 Olympia, WA 98504 -7600 • Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District WV School District Yakima Greenway Foundation Attn: Peter Ansignh •Attn: Ben Soria 111 S. 18 St. 8902 Zier Road 104 N. 4 Ave Yakima, WA 98901 Yakima, WA 98902 Yakima, WA 98908 DOC. INDEX # lA -C __ NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) May 3, 2007 On April 10, 2007 the City of Yakima, Washington issued a Notice of Application and Environmental Review regarding an Environmental Checklist submitted by James A. Obert, D.C. and Stephnie Obert. The applicant is proposing a rezone of one parcel from R -1 (Single - family Residential) to B -2 (Local Business). The rezone will bring the subject property into compliance with the current Urban Area Zoning Ordinance Future land use designation. The subject property is located in the vicinity of 4202 Summitview, Yakima, WA. Parcel Number: 181322 -31010 City File Number: UAZO EC #5 -07; RZ #2 -07 Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Determination and issuance of a (DNS) Determination of Nonsignificance. The SEPA Determination may be appealed within 14 days from the date of this mailing. The appeal period ends at 5:00 p.m. on May 17, 2007. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The filing fee of $505.00 must accompany the Appeal application. For further information or assistance, you may wish to contact Mary Lovell, Associate Planner at (509) 575 -6164 at the City Planning Division. 142. Doug Maples Planning & Code Administration Manager Notice of Decision Mailing Date: May 3, 2007 Enclosures: SEPA Determination of Nonsignificance, Site Plan, Vicinity and Mailing Maps DN. INDEX WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON May 3, 2007 PROJECT DESCRIPTION: Rezone one parcel from R -1 (Single - family Residential) to B -2 (Local Business). PROPONENT: James A. Obert, D.C. and Stephnie Obert LOCATION: Vicinity of 4202 Summitview Avenue, Yakima, WA. PARCEL NUMBERS: 181322 -31010 LEAD AGENCY: City of Yakima CITY FILE NUMBER: UAZO RZ #2 -07 and UAZO EC #5 -07 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. [ X ] This DNS is issued after using the optional DNS process in WAC 197 -11 -355. There is no further comment period on the DNS. APPEALS: This determination may be appealed to the City of Yakima Hearing Examiner, 129 North 2nd Street, Yakima WA 98901 in writing no later than 5:00 p.m. on May 17, 2007. You should be prepared to make specific factual objections. Contact Mary Lovell, Associate Planner (509) 575 -6164 for more information. RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: May 3, 2007 SIGNATURE: Noy DOC. INDEX PRESS RELEASE CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW AND PUBLIC HEARING DA'L'E: April 10, 2007 TO: SEPA Reviewing Agencies, Applicant and Adjoining Property Owners FROM: Doug Maples, Code Administration and Planning Manager SUBJECT: Notice of Application for Rezone and Environmental Review NOTICE OF APPLICATION Project Location: 4202 Summitview Avenue Parcel No. 181322 -31010 Project Applicant: James A. Obert, D.C. and Stephnie Obert Project Number: UAZO — RZ #2 -07 & EC #5 -07 Date of application: March 16, 2007 Date of determination of completeness: April 4, 2007 Project Description: The City of Yakima Department of Community & Economic Development has received an application for the rezone of one parcel of property from R- 1 (Single - family Residential) to B -2 (Local Business) with Environmental Review. The applicant is requesting the rezone to bring the subject parcel into compliance with the current Urban Area Zoning Ordinance Future Land Use designation for the property. Approval of the rezone request will give the applicant the option to expand his chiropractic office space onto the adjacent parcel. ENVIRONMENTAL REVIEW The City of Yakima has reviewed the application for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS) for the proposed rezone. A copy of the subsequent threshold determination may be obtained on request and may be appealed pursuant to YMC 6.88.170. The optional DNS process in WAC 197 -11 -355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed rezone. Comment due date for Environmental Review: April 30, 2007 REQUEST FOR WRITTEN COMMENTS Agencies, tribes, and the public are encouraged to review and comment on the proposed rezone and its probable environmental impacts. All written comments received by 5:00 p.m. on April 30, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this proposal to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2 Street Yakima, WA 98901 Please be sure to reference the applicant's name or file number in your correspondence. (James A. Obert D.C. & Stephnie Obert, UAZO Rezone #2 -07 and EC #5 -07). DDOC. INDEX The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposed rezone: No impacts identified. Required Permits — The following local, state and federal permits /approvals are needed for the proposed rezone: None Required Studies: None Existing Environmental Documents: None Preliminary determination of the development regulations that will be used for project mitigation and consistency: N/A NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall. If you have any questions on this proposal, please call Mary Lovell, Associate Planner at (509) 575 -6164 or e -mail at mlovell@ci.yakima.wa.us. NOTICE OF "OPEN" RECORD PUBLIC HEARING An open record public hearing will be held before the Hearing Examiner on Thursday, May 24, 2007 at 9:00 a.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. If you have any concerns regarding this proposal, you can mail your comments to City of Yakima, Department of Community & Economic Development, Planning Division, 129 North 2nd Street, Yakima, WA 98901. The Examiner's recommendation will be forwarded to the Yakima City Council for review at a closed record public hearing. D `'s X; LEGAL NOTICE CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW AND PUBLIC HEARING DATE: April 10, 2007 TO: SEPA Reviewing Agencies, Applicant and Adjoining Property Owners FROM: Doug Maples, Code Administration and Planning Manager SUBJECT: Notice of Application for Rezone and Environmental Review NOTICE OF APPLICATION Project Location: 4202 Summitview Avenue Parcel No. 181322 -31010 Project Applicant: James A. Obert, D.C. and Stephnie Obert Project Number: UAZO — RZ #2 -07 & EC #5 -07 Date of application: March 16, 2007 Date of determination of completeness: April 4, 2007 Project Description: The City of Yakima Department of Community & Economic Development has received an application for the rezone of one parcel of property from R- 1 (Single - family Residential) to B -2 (Local Business) with Environmental Review. The applicant is requesting the rezone to bring the subject parcel into compliance with the current Urban Area Zoning Ordinance Future Land Use designation for the property. Approval of the rezone request will give the applicant the option to expand his chiropractic office space onto the adjacent parcel. ENVIRONMENTAL REVIEW The City of Yakima has reviewed the application for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS) for the proposed rezone. A copy of the subsequent threshold determination may be obtained on request and may be appealed pursuant to YMC 6.88.170. The optional DNS process in WAC 197 -11 -355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed rezone. Comment due date for Environmental Review: April 30, 2007 REQUEST FOR WRITTEN COMMENTS Agencies, tribes, and the public are encouraged to review and comment on the proposed rezone and its probable environmental impacts. All written comments received by 5:00 p.m. on April 30, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this proposal to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2 Street Yakima, WA 98901 Please be sure to reference the applicant's name or file number in your correspondence. (James A. Obert D.C. & Stephnie Obert, UAZO Rezone #2 -07 and EC #5 -07). DOC. INDEX The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposed rezone: No impacts identified, Required Permits — The following local, state and federal permits /approvals are needed for the proposed rezone: None Required Studies: None Existing Environmental Documents: None Preliminary determination of the development regulations that will be used for project mitigation and consistency: N/A NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall. If you have any questions on this proposal, please call Mary Lovell, Associate Planner at (509) 575 -6164 or e -mail at mlovell@ci.yakima.wa.us. NOTICE OF "OPEN" RECORD PUBLIC HEARING An open record public hearing will be held before the Hearing Examiner on Thursday, May 24, 2007 at 9:00 a.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. If you have any concerns regarding this proposal, you can mail your comments to City of Yakima, Department of Community & Economic Development, Planning Division, 129 North 2nd Street, Yakima, WA 98901. The Examiner's recommendation will be forwarded to the Yakima City Council for review at a closed record public hearing. PLEASE PUBLISH ONCE ONLY, APRIL 5, 2007 Mail Invoice and Affidavit of Publication to: Account # 11002 City of Yakima, Planning Division 129 N. 2 Street Yakima, WA 98901 DOC, INDEX # 4_� AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: RZ #2 -07 & EC #5 -07 James A. Obert, D.C. 4202 Summitview Ave I, Susie Lorance as an employee of the Yakima City 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 Planning Division, and that said notices were mailed by me on the 10` day of April ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Susie Lorance Planning Specialist DOC. INDEX . • , 1 . , ' . • 181322-31612 ---4 181322-31410 181322-24488 STEPHEN L KAUFFMAN • STEVE T & CHRISTEN BAER WESTPARK PROPERTIES LLC 4305 MARYLIN DR ' . 105 N 42ND AVE : 118 GILBERT DR YAKIMA, WA 98908 YAKIMA, WA 98908-3215 YAKIMA, WA 98902-2861 . • 181322-24489 . ' 181322-24490 isIESTPARK PRO RTIE7 C • WESTPARK P ERT LLC 118 .GILBE DR • • 118 GIL T D YAKIMA, .2 1 A 98902- 86 ..,,,----- YAKIMA, WA 902-2861 YAKIMA 118 YAKIMA, WA 98901-2613 — - • • 12 labels printed for map sheet •bert • 15 .. . • . • - • -- ------7 • ' /tiO-11 cc 0S .. r'/' . 4: / ) . . ,.......0.4 . • a - S.1 a 4- aAt-vi _ • • 11 0/ VI . :..------------ . .._. . • 1 1 I • . (0 . • \ , I 1 ilYv .---t- • 0 1 " Cindy Noble . . . . . 5609 W. •Arlington . Yakima; WA 98908 . . . 1 a • . ... 3 • ;;;:: . . • (,[-D . . . • . . . . • . . • _ ... _ . • _______ __________ _________.____. _ _._ INDEX . 0 ....,9 • . • i 181322-24449 - '1181322-31448. 181322 -31014 ALEJO MORENO .ARNOLD R & JEAN A-JACKSON )..ARTHUR. A.& MARLENE K OPFER 4305' SUMMITVIEW AVE 4215•BARGE ST:. . 4307 MARYLIN DR YAKIMA, WA.98908 • YAKIMA, WA 98908 -3239 YAKIMA, WA 98908 181322 -3103 . 181322 -31017 . 181322 -24438 ARTHUR A MARLS K 0,0 BERT & SALLY LIEBHOLZ CHARLES H EGLEY 4307 YLIN 4301 BARGE ST 4309 SNOWMOUNTAIN RD YAKIMA, .WA 98908 YAKIMA, WA 98908 -3241 . YAKIMA, WA 98908 181322 -31037 181322 -24435 181322 -23400 2ITICASTERS CO DAVID JOEL & LINDA PERRY DAVID WILLIAM PARK SR 4010 SUMMITVIEW= -AVE # A • 4207 SNOWMOUNTAIN RD - 4403 SUMMITVIEW YAKIMA, WA 98908 -2926 YAKIMA, WA 989082923 YAKIMA, WA 98908 . 181322 -24450 181322 -24434 • 1813.22 -24519 DEAUN NILES . • DENNIS L & POOLE DONALD & MICHELLE BAUMBACH 4309 SUMMITVIEW AVE .4201 SNOWMOUNTAIN RD .4305 SNOWMOUNTAIN RD YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -2925 181322 -31418 181322 -23404 181322 -31016 . DONALD N & JOYCE M JOY DONNA J EVANS DUANE T & MARLYS A DOLLIVER 4205 BARGE ST 4405 SUMMITVIEW AVE 4306 MARYLIN DR YAKIMA, WA 98908 YAKIMA, WA 98908 -2933' YAKIMA, WA 98908 -3246 • • 181322 -32560 • - 181322-24441 • 181322-24444 ED & GLENIS TRAMMELL ELAINE H MC PHIE ELIZABETH A. LEE 1 S 68TH AVE 4302 SNOW MOUNTAIN RD 4202 SNOWMOUNTAIN RD YAKIMA, WA 98908 -1877 YAKIMA, WA 98908 YAKIMA, WA 98908 -2922 181322 -31409 181322 -24442 181322 -31446 FREDRICK E & DEBRA K RICH GARY W & JOYCE R KING • GERD STROM • 103 N 42ND AVE 4208 SNOWMOUNTAIN RD 655 KALMIA PL N W YAKIMA, WA 98908 -3215 YAKIMA, WA 98908 ISSAQUAH, WA 98027 • 181322 -31415 181322 - 31411 181322 -24443 HATTIE HALL HERSHEL L & MOYA N ZEIGLER J M BROWN 4206 MARY LIN 'DR . 4301 MARY LIN DR 17846 N 99TH DR YAKIMA, WA 98908 YAKIMA, WA 98908 -3247 SUN CITY, Arizona 85.373 -167E 181322 -31449 181322 - 31010 181322 -314 JAMES & JANICE NEWBILL JAMES A & STEPHNIE M OBERT JAMES A STEPHNIE OBERT 4213 BARGE ST . 4202 SUMMITVIEW AVE 4202 1MITVIEW E YAKIMA, WA 98908.3239 YAKIMA, WA 98908 -2928 Y A, WA -2928 181322 -23402 181322 -24447 • . 181322-24A 48 JAMES K & DONNA J EVANS JAMES N SR BARRET JAMES SR B ET 4405 SUMMITVIEW AVE 4203 SUMMITVIEW AVE 420 UMMI IEW AVE • YAKIMA, WA 98908 -2933 - YAKIMA, WA 98908 YAKIMA, WA 98:9:0 ---- - -- —. ._...- .._..— — ._... _._. a . '_____,0----- 181322 -24445 181322 -31018 181322 -24446 TAY A & JEAN M SENTZ JEAN W RATCLIFFE JIM & LORA BARRETT L18 GILBERT DR 4304 BARGE ST 4203 SUMMITVIEW AVE YAKIMA, WA 98902 -2861 . YAKIMA, WA 98908 -3240 YAKIMA, WA 98908 • i 181322 - 31413 . - 181322 -31015 181322 -24439 JOHN & SHARON TWOMEY JOHN P. & ELBA RICHARDS JOY LARSON 107 N 42ND AVE,,,. 4308 MARYLIN DR 4310 SNOW MOUNTAIN RD, YAKIMA, WA 989.08.;!` ' YAKIMA, WA 98908 -3246 YAKIMA, WA 98908 . 181322 -32552 181322 -3 53 . 181322 -3 4 ' JUDE & ANGELA DOTY . JUDE .ANGEL OTY JUDE NGELA 2524 N GREENSFERRY RD • 25 ' N GRE FERRY RD 2524 N GREE FERRY RD POST FALLS, Idaho 83854 ..POST FALLS, Idaho 83854 POST FALLS, -Idaho 83854 181322 -325 181322 -32541 181322- 48 JUDE & A ELA DO JUDY DIMARIO JUDY MARI 2524 REENSF RY.RD 1104 FELLOWS DR 11 F S DR - POST ALLS, Idaho 83854 YAKIMA,.WA 98908 . • YAKIMA, WA 98908 181322-3S 49 1813206 '181322 -31412 JUDY D RI JUDY MARI KENNETH F. SEVERN 1104 LLO S DR 11 FEL S DR ' 4201 MARYLIN DR YAKIMA, W 98908 YAKIMA, WA 98908 YAKIMA, WA 98.908 -3245 181322 -31416 181322 - 23403 181322-2340 KEVIN T & DEBRA L LAVIS LEE F & MARIE GHORMLEY LEE F & RIE C LEY 4208 MARYLIN DR 4406 SNOWMOUNTAIN RD 4406 OWM AIN RD YAKIMA, WA 98908 -3244 YAKIMA, WA 98908 YA IMA, WA 98908 181322 -24440 181322 -31040 . 181322- 23470 LOWELLS &'CAROLE ROMFO MARIE TURNIDGE METINER G KIMEL 4306 SNOWMOUNTAIN RD PO BOX 3820 4405 SNOWMOUNTAIN RD YAKIMA, WA 98.908 -2924 SALEM, Oregon 9 -0820 . YAKIMA, WA 98908 -2840 181322 - 24436 181322 -31414 • 181322 -23401 MICHAEL D & JUDITH LESLIE NESOR & JULIE HERNANDEZ PATRICIA HANSON - 4301 SNOWMOUNTAIN RD 4202 MARY LIN DR • 4404 SNOWMOUNTAIN RD YAKIMA,'WA. 98908 YAKIMA; WA 98908 . • YAKIMA, WA 98908 . • 181322 -31006 • 181322 -23469 181322 -32550 PEOPLES NATIONAL BANK OF WA RAFAEL & ZOILA FERNANDEZ. . . RAY C LESTER 5221 E THIRD AVE . 4441 SNOWMOUNTAIN RD 2230 RIVERSIDE RD . SPOKANE, WA 99212 YAKIMA, WA 98908 YAKIMA, WA 98901. . 181322 -32'5 181322- 561 181322 -31011 RAY C LE ER RAY C EST - RICK E & LINDA J BARNGROVER 2230 R ERS E RD 223 IV SIDE RD • 4303 MARYLIN DR YAKIMA, WA 98901 . YAKIMA, WA 98901 • . YAKIMA, WA 98908 181322 -24473 181322 -31036 • 181322 -31007 ROBERT SPAIN SALTYMORE LLC - • , SIG.M POSSUM 213 N 42ND AVE 204 N 85TH AVE • 4104 SUMMITVIEW AVE YAKIMA, 98908 YAKIMA, WA 98908 - YAKIMA, WA 8908 -2927 181322 -31447 181322 -31417 181322 -310 - STEPHEN A & BEVERLY A RUARK STEPHEN C MACKE STEPHEN L KAUFFMAN 4304 MARYLIN DR 4209 BARGE ST 4305 MARYLIN DR VT VTTrtT rrr nnnnn nnrt� - ar-nrrr— rn•n nnnnn nnnn - _...._ —. -■ _ -■ - -- OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Greg Griffith Div. of Archeol & Hist. Pres. PO Box c -3755 713 Bowers Rd PO Box 48343 Seattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 Sheila Ross Dept of Soc/Health Service Cascade Natural Gas WA State Attorney Gen. Office 701 S. 1 Ave Capital Programs Ofc. Bldg #2 1433 Lakeside Ct. Ste102 Yakima, WA 98902 MS OB -23B Yakima, WA 98902 Olympia, WA 98504 Chamber of Commerce Dept. of Health City of Union Gap �, Michelle Vazquez 10 N 9 St. PO Box 3008 Yakima, WA 98901 1500 W. 4 Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Lawrence Odell Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2 St., Room 1016 2809 Rudkin Road 8 S. 2 Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Mr Lee Agr Agric 1200 6 Ave. MS 623 128 North 2n Street Dept. of cultult r ure Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington � Art McKuen Dept of Ecology Yakima, WA 98903 104 No 1 St. 15 W. Yakima Ave. St. 200 Yakima, WA 98901 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2n St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer WA State Emergency Mgmt. Div. Pacific Power Yakima Co Pub. Services Mitigation, Analysis & Planning Mike Paulson 128 N 2n St., 4 Floor Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services 128 N. 2n St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98940 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4 Street STE 202 000' Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 INDEX PO Box 151 # I \ _ U Toppenish, WA 98948 • 11 Federal Aviation Administration Environmental Coordinator Mr. Doug Mayo Cayla Morgan, Airport Planner Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98940 Renton, WA 98055 -4056 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98940 Yakima, WA 98902 Donna J. Bunten Soil Conservation Dist Eric Bartrand Critical Areas Coordinator Attn: Ray Wondercheck Dept. of Fisheries D.O.E., Shorelands & Environ. 1606 Perry St Suite F 1701 S. 24 s Ave PO Box 47600 Yakima, WA 98902 Olympia, WA 98504 -7600 Yakima, WA 98902 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation- Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District • WV School District Yakima Greenway Foundation Attn: Ben Soria 111 S. 18 St. Attn: Peter Ansignh 104 N. 4 Ave 8902 Zier Road Yakima, WA 98901 Yakima, WA 98902 Yakima, WA 98908 • INDEX CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW AND PUBLIC HEARING DATE: April 10, 2007 TO: SEPA Reviewing Agencies, Applicant and Adjoining Property Owners FROM: Doug Maples, Code Administration and Planning Manager SUBJECT: Notice of Application for Rezone and Environmental Review NOTICE OF APPLICATION Project Location: 4202 Summitview Avenue Parcel No. 181322 -31010 Project Applicant: James A. Obert, D.C. and Stephnie Obert Project Number: UAZO — RZ #2 -07 & EC #5 -07 Date of application: March 16, 2007 Date of determination of completeness: April 4, 2007 Project Description: The City of Yakima Department of Community & Economic Development has received an application for the rezone of one parcel of property from R- 1 (Single - family Residential) to B -2 (Local Business) with Environmental Review. The applicant is requesting the rezone to bring the subject parcel into compliance with the current Urban Area Zoning Ordinance Future Land Use designation for the property. Approval of the rezone request will give the applicant the option to expand his chiropractic office space onto the adjacent parcel. ENVIRONMENTAL REVIEW The City of Yakima has reviewed the application for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS) for the proposed rezone. A copy of the subsequent threshold deteiuiination may be obtained on request and may be appealed pursuant to YMC 6.88.170. The optional DNS process in WAC 197 -11 -355 is being used. This may be your only opportunity to comment on the environmental impacts of the proposed rezone. Comment due date for Environmental Review: April 30, 2007 DOC. INDEX REQUEST FOR WRITTEN COMMENTS Agencies, tribes, and the public are encouraged to review and comment on the proposed rezone and its probable environmental impacts. All written comments received by 5:00 p.m. on April 30, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this proposal to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2 Street Yakima, WA 98901 Please be sure to reference the applicant's name or file number in your correspondence. (James A. Obert D.C. & Stephnie Obert, UAZO Rezone #2 -07 and EC #5 -07). The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposed rezone: No impacts identified. Required Permits — The following local, state and federal permits /approvals are needed for the proposed rezone: None Required Studies: None Existing Environmental Documents: None Preliminary determination of the development regulations that will be used for project mitigation and consistency: N/A NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall. If you have any questions on this proposal, please call Mary Lovell, Associate Planner at (509) 575 -6164 or e -mail at mlovell@ci.yakima.wa.us. NOTICE OF "OPEN" RECORD PUBLIC HEARING An open record public hearing will be held before the Hearing Examiner on Thursday, May 24, 2007 at 9:00 a.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. If you have any concerns regarding this proposal, you can mail your comments to City of Yakima, Department of Community & Economic Development, Planning Division, 129 North 2nd Street, Yakima, WA 98901. The Examiner's recommendation will be forwarded to the Yakima City Council for review at a closed record public hearing. Encl.: Narrative, Site Plan, Environmental Checklist, Mailing and Vicinity Maps DOC INDEX FROM:HDRJAMESAOBERT FAX NO. : 5099664701 Apr. 08 2007 06:04PM P2 CITY OF YAKIMA LAND USE ACTION INSTALLATION CERTIFICATE Project Number: t1 14 Z .2 -0 7 Date of Installation: 7 ,. e it 5 - 7 . _. . Site Address: If: 0 J u m mi fVI [ t-+-3 e A144— Location of Installation (Check One) xx 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 - - James A. Cb ere, D.C. 4 -8 -2007 Applicants Signature Telephone Number of Applicant (509) 966 -4700 or 952 -6189 Ce11 The 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; FAk at 509 -57S -6105; or malt to: City of Yakima, Cote Administration and Planning Division, 129 North Second Street, Yakima, WA 9$901. D Q C; INDEX DEPARTMEN ?F COMMUNITY AND ECONOMIC DF ;RLOPMENT ("C:7,-:..Y:'..1,41_,N, . William R. Coc:_, Director g V:., 1.., ` Doug Maples, CBO, Code Admin. and Planning Manager a •: • 1 Planning Division h,,,,, ,,;,., �" 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575 -6183 • Fax (509) 575 -6105 April 4, 2007 James and Stephnie Obert 4202 Summitview Avenue Yakima, WA 98908 Re: Determination of Application Completeness UAZO RZ #2 -07 and UAZO EC #5 -07 Dear Dr. & Mrs. Obert: Your zoning review application to rezone one parcel from R -1 (Single - Family Residential) to B -2 (Local Business) was received March 16, 2007. Your application has been determined complete as of April 4, 2007. Continued processing of your request will include, but is not limited to, the following actions: 1. Notification of adjacent property owners of the public hearing, legal notice of public hearing published in the Yakima Herald Republic, and the posting of the property on this land use prior to the comment period for the Environmental Review. A hearing date has been scheduled for May 24, 2007 at 9:00 a.m. in the City Council Chambers. I will contact you when the sign is ready for you to post on the property. 2. Issuance of an environmental threshold decision in compliance with the State Environmental Policy Act. 3. Preparation of staff report. 4. A public hearing before the Hearing Examiner on Thursday, May 24, 2007. 5. Recommendation of the Hearing Examiner forwarded to the City Council for a "Closed Record" public hearing for a final decision on the rezone. If you have any questions regarding this matter, please call me at 575 -6164 or e -mail me at mlovell @ci.yakima.wa.us. Sincerely, Mary Lovell Associate Planner • DOC, INDEX ` YY � Yakima i www.ci.yakima.wa.us re 1994 JAMES A. OBERT, D. C. EXHIBIT LIST CHAPTER I Supplemental Information EXHIBIT # DOCUMENT DATE I -1 Supplemental Information from James A. Obert, D. C. 5/9/07 Filed nearing Examine EXH #S Date 9 47, Fite # �Zo "�1 RAI _'f? RECEIVED MAY 0 9 200? CITY OF YAKIMA OBERT CHIROPRACTIC CLINIC PLANNING DIV, JAMES A. IbBERT, D.C. 4202 SUMMITVIEW AVENUE • YAKIMA, WA 98908 • (509) 966.4700 MAY 9, 2007 CITY' OF YAKIMA, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPEMINT TO WHOM IT MAY CONERN: RE: UAZO -RZ #2--07 & EC #5 -07 IN RESPONSE TO A LETTER FROM JOHN AND ELBA RICHARDS DATED APRIL 29, 2007. WHEN PATIENT'S DRIVE FROM SUMMITVIEW AVENUE ONTO 42ND AVENUE, THEY TRAVEL 132 FEET (EXHIBIT A) BEFORE TURNING RIGHT INTO THE ENTRANCE OF THE OBERT CHIROPRACTIC CLINIC PARKING AREA, (AERI'AL\1IEW - .AND LOT LAY OUT) . WHEN THE PATIENT'S LEAVE THE OBERT CHIROPRACTIC PARKING AREA, THEY TRAVEL NNW OUT OF THE PARKING AREA BACK ONTO SUMMITVIEW AVENUE. NO CAR's RETURN TO 42ND AVENUE AFTER BEING IN THE CLINIC, ALL PARKING FOR THE CLINIC IS OFF OF THE 42ND AVENUE AND WE DO NOT HAVE TO PARK ON 42ND AVENUE, WE HAVE AMPLE PARKING OFF THE STREET. . THE LAWN MOWING SERVICE WE HAVE ALSO PARKS IN OUT PARKING LOT NOT ON 42ND AVENUE. ALL OBERT CHIROPRACTIC CLINIC PARKING FOR PATIENT,SAND STAFF HAS BEEN OFF 42ND AVENUE SINCE OPENING MY OFFICE IN MARCH 1978. MY SIGN IS 9FEET 6INCH'S FROM THE EDGE OF THE SIDEWALK. THE PICTURE LOOKING WEST (EXHIBIT B) AND THE PICTURE LOOKING EAST (EXHIBIT C) DOES NOT OBSTRUCT ANY PERSON'S VIEW IN EITHER DIRECTION. I HOPE THIS HELP'S IN ANSWERING ANY UNCLEAR QUESTION'S IN OUR APPLICATION FOR REZONE OF UAZO -RZ #2--07 & EC #5 -07. SINCERELY YOURS: &Liu JAMES A. OBERT, D.C. DOC. INDEX Doug Maples, Code Administration. and Planning Manager City of Yakima, Dept. of Community & Economic Development FteC 129 N. 2 " Street liV� Yakima, WA 98901 yf Z q /0 7 APR 3 0 200? Subject: James & Stephnie Obert, UAZO Rezone #2 -07 & Ec 45 -07 CiTY OF imm, lNV Dear Mr. Maples, Several years ago when the Oberts' acquired parcel no. 181322- 31.410, they made the statement that they had no intention of developing it. It was to be maintained as a landscaped area. We had no problem with that and think that the Oberts' origins, intention should be maintained in perpetuity. Our concerns with development are parking and increased traffic on 42 " Avenue and air pollution. The city has done a poor job of protecting our residential neighborhood. The businesses on Summitview continue to use 42" Ave and Mary Lin Drive for parking. The north driveway to Almon Realty is particularly egregious. There are continual conflicts at this point that should never have been allowed from the beginning. The Oberts' driveway across the street could be just as bad as the Almon Realty driveway if it were to receive addition traffic. The Oberts have compounded the congestion problems at 42" Ave and Sumuaitview by imposing sight distance restrictions with their landscaping and signage. By allowing the subject rezone, the neighborhood will only see increased congestion along 42 " Ave, If you fixed the traffic congestion problem that Almon Realty's north driveway created, asked the Oberts to maintain a sight triangle in the SW quadrant of the Suinmitview and 42 "d Ave Intersection and eliminate their north access point to 42 Ave, and took the business parking off 42m' Avenue then we might have fewer objections to the Obert development. If in spite of our objections to the subject development you allow it, then at a minimum the Oberts should opera a sight triangle at 42" and Sunxamitview by cutting back the landscaping and signage and give up their north access north to 42" Avenue. The city should also commit to maintaining the sight distance and eliminate any problems they have created here and elsewhere. Sincerely, 6 ‘ , /- I r. John and Elba Richards 4308 Mary Lin Drive Yakima, WA 98908 Post -it Fax Note 7671 D 8/3/6 7 4,36 ( `C To vt (C) co.tDe pt• co. � At of YdKr rtt Phone # 700 PhaneN 7 5p6P/ • 8" 444- t Fax# • D00 INDEX • • • E ) a.4 - ce.,cu - A 4-kakisd, )Y\ 64 4 c - - ) u 00c k-C CU akea VT" RECEIVED MAY 0 9 2007 CITY OF YAKOM' PLANNINd - 14 • DOC. l e ` g K t& d LL Z (, OC) (.1.1 c (A) uu e_a 4., -__-.....--A &ro t--, e p ,.:_-. - 6 k.u....el, oa 0 p2 s e a. Cam, e r '� " -1u `�v i'Yl d ot t `_ ut P-c-e, `� � e ijo RECEIVED RAY 0 9 2007 CITY OF YAKII`}A PLANNING DIV DOG. 1 .40 ...- i L i r : 1 g p f l =I i t es. M 1' r M , - I 6'i.4- � ��-� r; r tt^^ =4 ' . " ('ce) C) 6 1rn rr eh) r G` (2.A_ u (e Ptro Off(' 1`CC�Y` `k 1 `tomC C� CLr j a i S (.). AD Q.8-Q_ c-k-LS AiJ.e. k.) 1.-y ifY\ C. t V L e., a) .., , , N c.)+ c2DV6 S4-(.....; c.....`-i- `f.P U t Qw -L--- 'I A . RECEIVED MAY 0 9 200? CITY OP YAKIMA PLANNING may, u . . — 1 � Minty, �{1111�1V a: __rd : �I�� ;j.f. If "" 1 t 1.ItiI 1 M. < 4 7 ,~ • • DOC. INDEX . a 1/4,LruilLy '1/4_11.3 Page 1 of 1 t Yakima County - Washington Yakima Couny Assessor 1 ALLEY T/TLE GUARANTEE , Yalorna County GIS I Land Information Portal - 1 , ,10'. 0 248-4442 Assess(); FAO Help 1 Legend I Search 1 Tools I Overview i ••••• - Slrch By: Parcel Number la II — ' . imea. Pa S: ... - 1— Litter a complele or part* PARCEL f, - t s I ti t. R t..; e 411i t illit •-- NuOABER Parcel Numbers mot be at east B characters Click the Search Amon t continua. c p4-- L ,,:, Search 94 1 N tillt : 1 ... ...... MapScale: 1 Inch 0 100 ft O rna ..... . . 4 1,1 .. 11111411*** P ! i • Overlays: 2004 Photography CI) ii ; i t i lp Ot...re . .t A. .. a FEMA D Cr/We/AMOS rl Contours III uhrmes .., . ...., .. - v.,, 1 ill alallaa -IN 1, .•,* , ; , MapSize: Small (800x600) 1(4 AIMP ■ . .. N.,.....",.. • .. Maps brought to you by: 4101 Pk , 1 , ilozsi Vailey Title Guarantee . Tale frIsurame & ez . .. --,-. - WWW '/torn corn ----- illk ir .. ., i s. ' . ,Et Cout _ (509) 248-4442 i Easting(ft) Northing(ft) 0 C..) One Inch — MU Feet I Map I it i I I Report} Loneduciew Cetitudeilil Click Map to: Feet 5Li RECEIVED MAY 0 9 2007 CITY OF YAKIMA PLANNING DIV. DOC I N D E X ttp://yakimap.com/servlet/com.esri.esrimap.Esrimap?name—Yak GIS H& Cmd M 100&I,eft=1623776&B... 5/7/2007 L&Ai S ecT /OF/ L /Afe ' � RECEIVED yo — /9' T I - S � MAY o s 2007 I� !dy ` u m rn �' \ l� W Pt U e_ o.) o x- /78 * CITY OF YAKIMA ill „, , '` ' `.• s w� +�z ;:�.,�,_..` `"�' ^ s . i? a ' r - ,c;”" "'a`r+ °--'T.• q ' '." ^`..' ;a... �' 4saa 3 ,-`, ,,.; \ l yew`'' i'l _' -- _ 1.-la / w — � 1e, C41 SiCigt ,. " a' Kfaie,.n,*W Z� • is •. \a: I • C'I r 4k, e '4' nr � Pr s. ,� - . — ct �� i f 2 l :,, `":. �..• a � (�� . - - , , �= u i � , ` ® . �, 6 -- l Z� • m / - ‘V :. - ,.r k ,i'':. - ?::?. - -$;..7.,_. -- :':t-„,. , . xx - 4111. 4 - l tl' ' y 'e fie. , .� . , .^ '. � .� `1' y ' f . v `y 43 So . �Q . 11 / / " ' . ,? " :^. - .. ;., - ' " ; ., . _ : >yk - ,. '� , - 6 0_4 - e. . ' myµ x • ° - o "�-0 ! . i3 A I 1 P - k i/it f Fl�d L., \ • 1 Jr „ii YI 0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT r, Item No. For Meeting Of July 17, 2007 ITEM TITLE: Closed ecord Public Hearing — James Obert Rezone SUBMITTED BY: m R. Cook, Director Community & Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner 575 -6042 SUMMARY EXPLANATION: This rezone request concerns one parcel of land, which is approximately .30 acres in size. The property is located within the city of Yakima in the vicinity of 4202 Summitview Avenue. Summitview Avenue is a fully improved four -lane arterial street with curb, gutter and sidewalk. The change from residential to professional office use would be consistent with the land uses currently located along Summitview Avenue. On May 24, 2007 the Hearing Examiner held an open record public hearing to consider this request. There was one letter received in opposition prior to the hearing and no comments during the hearing. With staff recommending approval the Hearing Examiner closed the public hearing and on June 1, 2007 issued his written recommendation that this rezone be approved. Resolution _ Ordinance_ Contract _ Other (Specify) Hearing Examiner's Recommendation, Staff Report, Map Contract Mail to (name and address) Phone: Funding Source APPROVAL FOR SUBMITTAL: y IGlanager STAFF RECOMMENDATION: Accept the Hearing Examiner's recommendation and direct the Legal Department to prepare the appropriate legislation. BOARD RECOMMENDATION: Hearing Examiner recommended approval of this rezone on June 1, 2007. COUNCIL ACTION: L