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HomeMy WebLinkAbout2001-019 Lloyd H. Butler, D.O. Rezone - 3506 River Road (for HABUT, L.L.C.) .4 • ORDINANCE NO. 2001- 19 AN ORDINANCE concerning land use and zoning, rezoning one parcel (approximately 6 acres) in the vicinity of 3506 River Road from Two - Family Residential (R -2) to Multi- Family Residential (R -3), and amending the Official Yakima Urban Area Zoning Map accordingly; and granting Class (3) approval for the location of professional offices within the R -3 zoning district subject to conditions. WHEREAS, Lloyd H. Butler, D.O., for HABUT, L.L.C., the Owner, has submitted a master application dated January 23, 2001, requesting: (1) amendment of the Official Yakima Urban Area Zoning Map to rezone one parcel (approximately 6 acres) in the vicinity of 3506 River Road (Yakima County Assessor's Parcel #181315- 14412), referred to as "Subject Property," from Two - Family Residential (R -2) to Multi- Family Residential (R -3); and (2) Class (3) approval for the location of professional offices within the R -3 zoning district; and WHEREAS, on March 8, 2001, the City of Yakima Hearing Examiner conducted a duly convened, open - record public hearing regarding the requested rezone and Class (3) approval (UAZO RZ #1 -01, CL (3) #3 -01, EC #2 -01), and after considering the record issued his Examiner's Recommendation, Examiner No. IU01 -2 -4, dated March 13, 2001; and WHEREAS, the Hearing Examiner recommended that, subject to certain conditions stated on page 9 of the Hearing Examiner's Recommendation: 1. The Subject Property should be rezoned from Two - Family Residential (R -2) to Multi- Family Residential (R -3), and 2. Class (3) approval for the location of professional offices in the R -3 zoning district should be granted; and WHEREAS, at its regular public meeting on April 3, 2001, the City Council duly considered the requested rezone and Class (3) approval, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements of interested persons; and WHEREAS, after considering the Hearing Examiner's Recommendation, the contents of the file, and the statements of interested persons, the City Council finds with respect to the requested rezone that: 1. The Subject Property is suitable to be classified Multi- Family Residential (R -3); 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing Two - Family Residential (R -2) zoning was established which now make the requested rezone appropriate; and 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in chapter 15.23 of the Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; Page 1 c. The intent of the Yakima Urban Area Zoning Ordinance; d. Other applicable land use controls; and WHEREAS, after considering the Hearing Examiner's Recommendation, the contents of the file, and the statements of interested persons, the City Council finds that, subject to the condition stated on page 9 of the Hearing Examiner's Recommendation, the requested Class (3) approval should be granted; and WHEREAS, it is in the best interests of the City to adopt the Hearing Examiner's findings and conclusions and recommendation to approve, subject to certain conditions, the requested rezone and Class (3) approval; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. Hearing Examiner's Recommendation Affirmed: The Yakima City Council adopts the findings, conclusions and recommendations of the Hearing Examiner's Recommendation, Examiner No. IU01 -2 -4, dated March 13, 2001, and incorporates that Hearing Examiner's Recommendation by reference as part of this Ordinance. Section 2. Subject Property: Regarding the Subject Property, which is legally described as: Tract 12 and the North 132 feet of Tract 11 of NATCHES ORCHARD TRACTS, recorded in Volume "A" of Plats, Page 69, records of Yakima County, Washington, EXCEPT beginning at a point on the North line of said Tract 12, 311.31 feet South 89 °55'30" West of the Northeast corner of said Tract 12; thence North 89 °55'30" East 311.31 feet to said Northeast corner of said Tract 12; thence South 0 °44'15" East along the East line of said Tracts 11 and 12, 761.50 feet to a point on the East line of said Tract 11, 132.00 feet South 0 °44'15" East of the Northeast corner of said Tract 11; thence South 89 °46'45" West being parallel with the North line of said Tract 11, 306.83 feet; thence North 1 °04'25" West 762.35 feet to the point of beginning. Situated in Yakima County, State of Washington. Yakima County Assessor's Tax Parcel #181315 - 14412. the City Council finds formally that, for the uses described by the Applicant, and subject to the conditions stated in Section 5 below: 1. The Subject Property is suitable to be classified Multi- Family Residential (R -3); 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing Two - Family Residential (R -2) zoning was established which now make the requested rezone app,r,opriate; and Page 2 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in Chapter 15.23 Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; c. The intent of the Yakima Urban Area Zoning Ordinance; and d. Other applicable land use controls. Section 3. Amendment of Official Yakima Urban Area Zoning Map: The Official Yakima Urban Area Zoning Map shall be amended to rezone the Subject Property from Two - Family Residential (R -2) to Multi- Family Residential (R -3). Section 4. Subject to the conditions stated in Section 5 below, the requested Class (3) approval is granted. Section 5. General Conditions: The rezone and Class (3) approval granted by this ordinance are expressly conditioned on the Applicant's satisfaction of each and every condition 1 -4 stated on page 9 of the Hearing Examiner's Recommendation. The Class (3) approval entitles the applicant to a Certificate of Zoning review, which is valid for one year from the date of issuance of the Certificate. The Certificate may be extended one time only for up to one additional year by application prior to the termination date, as set forth in YMC 15.12.060. 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, and this action shall be final and conclusive unless within 21 days from the date this ordinance is passed by the City Council an aggrieved party commences proceedings for review pursuant to the provisions of Chapter 36.70C RCW. Page 3 PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this I Di day of April, 2001. Mary Place, Mayor ATTEST: sD c • City Clerk Publication Date: 4 -20 -2001 Effective Date: 5 -20 -2001 • • C: Karen's Files\ ORDINANCES\ PETERSON\ Lloyd Butler rezone.doc Page 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. IF For Meeting Of April 17, 2001 ITEM TITLE: Ordinance Adoption — Butler Rezone SUBMITTED BY: R. Cook, Director, Community & Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner 575 -6042 SUMMARY EXPLANATION: On April 3, 2001 the City Council voted to accept the Hearing Examiner's recommendation to approve a rezone for property located at 3506 River Road. Attached for your action is the ordinance that will affect this rezone from R -2, Two - Family Residential to R -3, Multi - Family Residential. Resolution Ordinance X Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: M Manager g STAFF RECOMMENDATION: Adopt Ordinance. BOARD RECOMMENDATION: Hearing Examiner recommended approval of rezone on March 13, 2001. COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2001 -19 EC Et VED • 'iT4 ' 1 • u O p 1 ;_ 4.1..190,-k r Kill/ . - In re: ) File Nos. UAZO RZ #1 -01 Master Application of ) UAZO CL (3) #3-01 HABUT L.L.C. by and through ) EC #2 -01 Lloyd H. Butler, D.O. ) for a Rezone from R -2 to R -3; ) HEARING EXAMINER Placement of Professional Offices ) RECOMMENDATION within the R -3 zoning district; ) and environmental review. ) Examiner No. IU01 -2 -4 ) • On January 24, 2001, Dr. Lloyd H. Butler filed an application on behalf of HABUT L.L.C. to rezone property owned by the company at 3506 River Road from R -2 to R -3 and to obtain Class (3) review of the use of portions of the rezoned land for professional office space. A multiple -unit dwelling and a senior care center are also proposed for the property. The application was treated as a master application. Because rezone applications are subject to final approval by the City Council, all of the permit applications are subject to final approval by the City Council in accordance with UAZO 15.11.110. A public hearing was convened on March 8, • 2001. The hearing examiner visited the site on March 8, 2001 as well. SUMMARY OF RECOMMENDATION. The hearing examiner recommends approval of the rezone application and proposed land uses, subject to conditions. From the view of the site, the staff report and exhibits, information presented at the public hearing, and a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, the hearing examiner makes the following: FINDINGS . 1. Applicant. HABUT L.L.C., by and through Lloyd H. Butler, D.O. 1214 N 20 Avenue III Yakima, WA 98902 EXAMINER'S RECOMMENDATION -1 2. Location. 3506 River Road. • 3. Parcel No. 181315 -14412 4. Application. Master application combining a project specific rezone from R -2, Two - Family Residential to R -3, Multi - Family Residential and a Class (3) application to permit professional offices to locate within the R -3 zoning district. 5. Current Zoning And Land Use. The subject property is zoned R -2, Two - family Residential and contained a single- family home located on approximately six acres of open land. Adjacent properties have the following characteristics: Location Zoning Existing Land Use North CBDS Residential/Commercial • East M-1 Commercial/Industrial West R -2 Chesterley Park South R -3 Vacant 6. Comprehensive Plan Designation The Future Land Use Map (Map III-3) the Yakima Urban Area Comprehensive Plan designates the subject property as suitable for medium - density residential development. 7. Proposed Use. The subject property is in the process of being subdivided into five lots. The short subdivision has received preliminary approval subject to the completion of or bonding for the extension of sewer, water, and a public access road with curb, gutter, and sidewalk. The proposed use for the property is to construct an assisted living center on the largest most southerly lot of the short plat and a 35 Unit senior apartment building on the adjoining lot to 4110 EXAMINER'S RECOMMENDATION - . . _ = • the northwest. Individual office buildings are proposed on the remaining three lots of the short plat. 8. Development Services Team (DST) Review. The DST meeting for this proposal was held on December 14, 2000 at which time the following comments were submitted. 1. City Engineer Dr. Butler is in the process of providing civil design plans for the installation of all necessary infrastructure in support of this proposed action in accordance with the City's Development Standards. 2. Water/Irrieation There is a 20" water main in River Road and a 6" in N 34 Avenue. The extension of a 12" line may be required depending upon demand and looping to 34 Fireflow calculations • indicate 4000 gpm with a 12" from River Road to property and an 8" east to 34 Avenue. PP lineation is supplied by the Fruitvale Schanno Ditch, which does not belong to the City of ., Yakima. 3. Cascade Gas There is a gas main in River Road. which can serve this area. 9. Traffic Concurrence. The application was reviewed for consistency with Chapter 12.08 YMC (Transportation Capacity Management Ordinance). The Traffic Concurrence review was completed on February 13, 2001. Based upon the information provided by the applicants. this development was approved by the public works department since the traffic it generates will not exceed the peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. 10. State Environmental Policy Act. • On February 28, 2001 the City of Yakima issued a Declaration of Nonsignificance for environmental checklist #25 -00. Public comments at the March 8, 2001 hearing noted that there EXAMINER'S RECOMMENDATION -3 have been increases in traffic on River Road and on 34`' Avenue in recent years because of • increasing development in the vicinity of the subject property. The environmental checklist submitted by the applicant was analyzed by the responsible official, who determined that the traffic impacts presented by the proposed action are not significant. No appeal of the DNS was filed as of the date of the hearing. 11. Public Notice. Notice for the hearing was provided in accordance with the UAZO requirements in the • following manner: Mailing of notice February 14,2001 Posting of property February 14,2001 Legal Ad published February 14,2001 n Based on the foregoing Findings, the Hearing Examiner makes the following • CONCLUSIONS 1 Jurisdiction. The Hearing Examiner is charged with conducting hearings and rendering recommendations for rezone applications in accordance with UAZO 15.23.030. The Hearing Examiner is charged with conducting hearings and rendering decisions for Class (3) review applications in accordance with UAZO 15.15.040. Invoking the master application process in accordance with UAZO 15.11.110, the Hearing Examiner may only render recommendations on the rezone and the associated Class (3) uses. 2. Standards of review. a. Rezone analysis. YMC 15.23.030 sets forth the criteria that are used to analyze rezone applications. b. Class (3) review. YMC 15.15.040.5 requires a demonstration that the Hearing Examiner's decision complies with objectives of the YUACP, the intent of the particular zoning district, and the P rovisions and standards of the zoning district. • 3. Rezone analysis. EXAMINER'S RECOMMENDATION - 110 a. Compliance with the Comprehensive Plan. , . . The Future Land Use Map (Map III -3) the Yakima Urban Area Comprehensive Plan designates the subject property as suitable for medium - density residential development. Medium Density Residential (MDR) land use is characterized by a mixture of single family detached residences and duplexes with a variety of other housing types at a residential density ranging between 7.0 and 11 dwelling units per acre. The proposed zoning would result in a higher density and uses differing from those contemplated in Map III-3 for the subject land. However, Map III -3 also places the MDR land next to Industrial land to the east. According to Figure 111-2 in the YUACP (Land Use Compatibility Chart), MDR and Industrial land are generally not compatible. The rezone would enable the use of the land at the boundary between the MDR land and the Industrial land for professional office space. Professional office use and Industrial use can be made compatible based on appropriate conditions as indicated in Figure III -2. The figure also recognizes that Professional Office land can be similarly made compatible with MDR and High Density Residential land. Similarly, the rezone would allow Professional Office use of land immediately adjacent to i Commercial lands to the north of the subject property. Figure III -2 notes that Professional Office use and Commercial use are generally compatible. Thus the rezone would consistent with the compatibility principles in Figure III -2, and would actually foster those principles. Compatibility is a principal focus of land use decision - making. YUACP p. III -9. On the basis of this analysis, the rezoning would foster a pattern of land use that complies with the goals and objectives of the comprehensive plan. b. Compatibility of proposed use. Compatibility was discussed extensively in subsection 3.a., immediately above in the context of compliance with the YUACP. The proposed professional office uses on the eastern portion of the lots is more compatible with the adjacent industrial property uses than would be the uses contemplated by R -2 zoning. The property immediately to the south of the subject lands is zoned R -3. Whether the proposed use on the south parcel of the subject property is characterized as a convalescent center or 'a retirement home; such uses are generally compatible with R -3 uses. Chesterly Park lies immediately'to the west of the subject property. On occasion, sporting events take place at the park. While there is a possibility that tenants at the proposed office buildings or senior apartments might be affected by noise from the sporting events, no evidence EXAMINER'S RECOMMENDATION - has been presented by either the planning staf the applicant, or members of the public indicating 4110 that the noise or other intrusion on the subject property would render it unsuitable for the proposed use. In addition, the occasional intrusion would affect any lower density R-2 uses in much the same way, if not more so, since it is reasonable to expect some private yard use conflicts with sporting events at the park. On the basis of increased compatibility of the proposed uses with adjacent industrial zoning and the insignificance of the difference between affects of park use on the proposed uses and permissible R -2 uses, compatibility issues do not preclude a rezoning of the subject property. c. Public Need /Change in Circumstance The planned future land use for the properties surrounding the subject property are either park properties, industrial properties, or high density residential property. The practical consequence of retaining the current zoning would be to create an island of medium density residential land with potential compatibility issues on the north and east boundaries. Significant commercial development, including professional office space development, has occurred in the district immediately_ to the north of the subject property. These changes support the requested rezone from moderate density residential development to high- density residential/professional business development. In addition, there is a valid public interest in rendering vacant land more useful through investment of private capital in the manner proposed. The tax revenues associated with such a development are important to the funding of public services provided by the city as well. d. Suitability of property for proposed use. The property presents no topographical or soils- related concems regarding the suitability of the property for the range of uses proposed by developer. e. Adequacy of public utilities. This parent parcel is currently served by all necessary public utilities and the short plat will extend these utilities throughout the plat. River Road, a minor arterial, coupled with an extension of N 35th Avenue, provides street access. Transit service is provided by Route No. 3 Mead/Fruitvale and No 4 Fruitvale/Mead. f. Recommendations from interested agencies. No agencies raised issues suggesting that the rezoning of the property was inappropriate, so long as appropriate utility infrastructure was constructed. 410 EXAMINER'S RECOMMENDATION -6 0 g. Testimony at public hearing. • . - Testimony at the public hearing was not concerned with the rezone. Rather. public comment was focused on transportation impacts from the general development of properties in the vicinity. Otherwise public comment indicated a lack of concern about the proposed uses. 4. Class (3) Review According to UAZO 15.02.020, Class (3) uses are generally incompatible with their neighbors because of their size, emissions, traffic generation or other reasons. In order to deny a Class (3) use, however, evidence must be presented that specifically identifies deleterious effects from the use resulting in the incompatibility. Denial is not appropriate if there is no such evidence or if the undesirable effects of the use can be mitigated through imposing appropriate conditions. This assumes that use otherwise complies with complies with objectives of the YUACP, the intent of the particular zoning district, and the provisions and standards of the zoning district. a. Evidence of incompatibility. Public comment identified traffic congestion concerns associated with the intersection of • River Road; South 34 Avenue and Fruitvale Boulevard. However, the Traffic Concurrency Review identified remaining excess traffic capacity on the vicinity streets to adequately deal with the traffic generated by the proposed. In addition, the environmental review process identified no significant traffic impacts attributable to the project. There is no substantial evidence to allow a conclusion that the proposed use presents traffic -based incompatibility with the surrounding uses. Otherwise, the only compatibility issues are related to the potential sensitivity of the proposed uses to the light industrial uses on the east and park uses on the west. There is no evidence that the current industrial uses would impede the proposed uses. Future uses of the industrial property "should not generate noise levels, light, odor of fumes that would constitute a nuisance or hazard." YMC 15.03.010.12. Similarly, there is no evidence that noise from the park would be so loud or frequent or of a duration that it would impede the use of the subject property for apartment or office purposes. b. Compliance with objectives of the YUACP. Compliance with the YUACP was discussed in 3.a. above. The proposed uses will enhance consistency with the land use principles set forth in the plan by buffering potential il incompatibilities between the proposed residential uses and the existing commercial and industrial uses by establishing professional office space on the north and east boundaries of the subject land. g P sP J EXAMINER'S RECOMMENDATION -7 c. Compliance with the intent of the zoning district. The YUACP sets out future land uses in Map III -3, which is to serve as a guide (together with other considerations in the YUACP) for assessing consistency with the plan, but the City's zoning map controls over the plan in project permit decisions. The R - district is intended to: a. Establish and preserve high- density residential districts by excluding activities not compatible with residential uses; and b. Locate high- density residential development, more than twelve dwelling units per net residential acre, in areas receiving the full range of urban services and c. Locate high- density residential development near neighborhood shopping facilities; and d. Locate high- density residential development so that traffic generated by the development does not pass through lower- density residential areas. YMC 15.03.030.4. As has been discussed earlier, no significant incompatibility is raised by the proposed uses. The area is or will be fully served with urban services before occupancy, and the high density residential units will be served by the nearby shopping facilities at 40 Avenue and Fruitvale. The development will not generate traffic in any lower - density residential areas. • P generate - lower-density Accordingly, the office and senior care facility development will be consistent with the applicable intent zoning district intent statement. d. Compliance with the provisions and standards of the zoning district. The zoning ordinance sets forth specific standards for lot size, maximum lot coverage, minimum building setbacks, parking, building height, sight screening, etc. Generally, there is no evidence that the proposed uses will not comply with the ordinance standards. The Planning staff has argued further that it is not necessary to specify site screening standards for the boundary between the proposed uses and Chesterly Park. The staff argues that, among the bases for requiring site screening set forth in YMC 15.07.010, only noise impacts from the park are relevant. Since the otherwise- mandated six- foot -high, view - obscuring fence and a ten- foot -wide landscape strip would do virtually nothing to mitigate for any noise impacts, it is inappropriate to require the installation of the fence and the landscaping. Conversely, neither the office space nor the dwelling units proposed for the subject property present conflicts with the nearby park uses, so site screening principally serves to protect EXAMINER'S RECOMMENDATION - 410 the offices and dwellings. Thus staff urges that the applicant be free to provide such site screening as the applicant feels is necessary to protect its intended use. The Standard C site screen is a default standard, rather than one precisely set to address such an interface of land uses as is presented by the proposed project. There is no evidence that (1) allowing such flexibility in this particular case is inconsistent with the zoning ordinance, (2) the intent of the site screening ordinance would be compromised, or (3) adjacent park uses adversely affected. Therefore, giving the proponent flexibility in the installation of site screening is acceptable so long as the selected site screening measures do not in and of themselves produce conflicts with neighboring uses, and so long as the project otherwise complies with zoning ordinance standards. This conclusion is consistent with YMC 15.10.020 provisions regarding administrative adjustment of development standards. Based on the foregoing Findings and Conclusions, the Hearing Examiner makes the following III RECOMMENDATION The Hearing examiner recommends that this master application be approved subject to the following conditions. 1. An approved plan for dust control during site preparation, construction, and landscaping phases shall be obtained from the Yakima Regional Clean Air Authority. 2. Applicant - selected site screening measures shall not produce conflicts with neighboring uses and shall otherwise comply with zoning ordinance standards. 3. A final site plan shall be required showing any changes or conditions imposed in the rezoning and Class (3) review process. 4. None the reviewed uses shall be issued a development permit until the Division of Environmental Planning has approved the final site plan. PER'S RECOMMENDATION -9 • Dated this 13 day of March, 2001. Patrick D. Spurgin Hearing Examiner 110 • EXAMINER'S RECOMMENDATION -10 • • -........"' ( ,,......,,..s......... " 10 R I" A v A. T o r I r F e D, 0. z cm A 1 R , V F R 1 B CHES,J' RI'E°Y ,1 ' 1 < : n068. L \\ 1> PARK ,' " • '14413 ' .'{ j , _ �f i 1.14383 { f ,14460.; j ' E i . 14327 1 14417 1 ' / �, > 1 c 1 1- ' 1442D I \ ' . • ' , 4 4414 ' z j \` 44446 . 1M67 141T4336 1 i t 14410 -_ I A b C A D J \ 1 .,...-; .,„ E L vi \/ / S A ! J 1 , , 1 ! -, 7 _._. 1: L i i I , \,.... ./: 1k 66._ ; ,., 1 ,i 1 - , , ,-, 2 ) H C A S T L E V A L E R D\ Y / \ C A S T L E V A L ' R D CITY OF YAKIMA, WASHINGTON s,,, - 1,,, = 4(11W Information Services - GIS 20 1) 40( M il LE NO: UAZO RZ# 1 -01 18131514 412 ' PLICANT: LLOYD H. BUTLER. D.O. REQUEST: REZONE A SINGLE PARCEL FROM R -2 TO • R -3 FOR ASSISTED LIVING CENTERS )0C. LOCATION: 3506 RIVER ROAD RZ -1 01/261011 :DEX it 1_,. r ,.‘ R . . . r A . . _______ . l o � P ` ♦ • i • - ______ • ] ,. f _1 II ` n • \ . 0 • . ! I • • • - ! I BIJ-S . , ,, 1 . , , i • ?.,, , 1 1 i • V ' . . — � ■- - — ti ---- r , - i--- 4' - - -+, ) I 1 ■ I I It F CHESTERLEY ' ' a ii .\ _J ' I l \ � o PARK � �~ � � . I:: R-2 ,, 4 L1 . J C L J A . ,..1___ f i R -2 .1. ! A.■--..1 A ‘11'• 1 , - t, ,1 . , . , 1p , ,> . ,. , , ,, e, I V �' i — I iii : :____/.. ,ailemmil., , , i , , iii R b \ R-3 , 1---\7crs--A i " . 4 E 1 ■ I 11 \ 1 �' y .: � ; ! . � , i r i ' l�ldl -�i 7 F D ...• r 1 1' , \ / T — - -r C A S T L E V L F R D -- -' N CITY OF YAKIMA, WASHI'GTO§ ' r i l - C E x a '-;. In e S. ale - I in = and ul • Information Services - GIt X H # v Date / 2 V 011, 21111 4111 I , LE NO: UAZO RZ #1 -01 File # a.#-/-0 / ✓ / / \ 'PLICANT: LLOYD H. BUTLER. D.O. Subject Property REQUEST: REZONE A SINGLE PARCEL FROM R -2 TO - - - Zoning Boundary R -3 FOR ASSISTED LIVING CENTERS ;Yakima City Limits LOCATION: 3506 RIVER ROAD RZ -1-0i 01/26/o1 ID` • # 10 t• Lloyd Butler Rezone Attachments: Hearing Examiner's Recommendation Application Transportation Capacity Staff Report Maps Site Plan DST (Development Services Team) Comments SEPA (State Environmental Policy Act) Comments Received Notices ECE, VED '- -..L' i _ inn • O F r ' tif`fsrli i j 0X 1 In re: ) File Nos. UAZO RZ #1 -01 Master Application of ) UAZO CL (3) #3-01 HABUT L.L.C. by and through ) EC #2 -01 Lloyd H. Butler, D.O. ) ) for a Rezone from R -2 to R -3; ) HEARING EXAMINER Placement of Professional Offices ) RECOMMENDATION within the R -3 zoning district; ) and environmental review. ) Examiner No. IU01 -2 -4 ) On January 24, 2001, Dr. Lloyd H. Butler filed an application on behalf of HABUT L.L.C. to rezone property owned by the company at 3506 River Road from R -2 to R -3 and to obtain Class (3) review of the use of portions of the rezoned land for professional office space. A multiple -unit dwelling and a senior care center are also proposed for the property. The application was treated as a master application. Because rezone applications are subject to final approval by the City Council, all of the permit applications are subject to final approval by the City Council in accordance with UAZO 15.11.110. A public hearing was convened on March 8, • 2001. The hearing examiner visited the site on March 8, 2001 as well. SUMMARY OF RECOMMENDATION. The hearing examiner recommends approval of the rezone application and proposed land uses, subject to conditions. From the view of the site, the staff report and exhibits, information presented at the public hearing, and a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, the hearing examiner makes the following: FINDINGS 1. Applicant. HABUT L.L.C., by and through Lloyd H. Butler, D.O. 1214 N 20 Avenue III Yakima, WA 98902 EXAMINER'S RECOMMENDATION -1 2. Location. 3506 River Road. • 3. Parcel No. 181315 -14412 4. Application. Master application combining a project specific rezone from R -2, Two -Family Residential to R -3, Multi - Family Residential and a Class (3) application to permit professional offices to locate within the R -3 zoning district. 5. Current Zoninz And Land Use. The subject property is zoned R -2, Two -family Residential and contained a single- family home located on approximately six acres of open land. Adjacent properties have the following characteristics: Location Zoning Existing Land Use North CBDS Residential/Commercial • East M -1 Commercial/Industrial West R -2 Chesterley Park South R -3 Vacant 6. Comprehensive Plan Designation The Future Land Use Map (Map III -3) the Yakima Urban Area Comprehensive Plan designates the subject property as suitable for medium - density residential development. 7. Proposed Use. The subject property is in the process of being subdivided into five lots. The short subdivision has received preliminary approval subject to the completion of or bonding for the extension of sewer, water, and a public access road with curb, gutter, and sidewalk. The proposed use for the property is to construct an assisted living center on the largest most southerly lot of the short plat and a 35 Unit senior apartment building on the adjoining lot to • EXAMINER'S RECOMMENDATION -2 the northwest. Individual office buildings are proposed on the remaining three lots of the short • plat. 8. Development Services Team (DST) Review. The DST meeting for this proposal was held on December 14, 2000 at which time the following comments were submitted. 1. City Engineer Dr. Butler is in the process of providing civil design plans for the installation of all necessary infrastructure in support of this proposed action in accordance with the City's Development Standards. 2. Water/Irrigation There is a 20" water main in River Road and a 6" in N 34 Avenue. The extension of a 12" line may be required depending upon demand and looping to 34` Fireflow calculations • indicate 4000 gpm with a 12" from River Road to property and an 8" east to 34 Avenue. Irrigation is supplied by the Fruitvale Schanno Ditch, which does not belong to the City of PP by belong rtY Yakima. 3. Cascade Gas There is a gas main in River Road. which can serve this area. 9. Traffic Concurrency. The application was reviewed for consistency with Chapter 12.08 YMC (Transportation Capacity Management Ordinance). The Traffic Concurrency review was completed on February 13, 2001. Based upon the information provided by the applicants. this development was approved by the public works department since the traffic it generates will not exceed the peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. 10. State Environmental Policy Act. On February 28, 2001 the City of Yakima issued a Declaration of Nonsignificance for III environmental checklist #25 -00. Public comments at the March 8, 2001 hearing noted that there EXAMINER'S RECOMMENDATION -3 have been increases in traffic on River Road and on 34 Avenue in recent years because of • increasing development in the vicinity of the subject property. The environmental checklist submitted by the applicant was analyzed by the responsible official, who determined that the traffic impacts presented by the proposed action are not significant. No appeal of the DNS was filed as of the date of the hearing. 11. Public Notice. Notice for the hearing was provided in accordance with the UAZO requirements in the following manner: Mailing of notice February 14,2001 Posting of property February 14,2001 Legal Ad published February 14,2001 er makes the following on the foregoing Findings, the Hearing Examiner g CONCLUSIONS 1 Jurisdiction. The Hearing Examiner is charged with conducting hearings and rendering recommendations for rezone applications in accordance with UAZO 15.23.030. The Hearing Examiner is charged with conducting hearings and rendering decisions for Class (3) review applications in accordance with UAZO 15.15.040. Invoking the master application process in accordance with UAZO 15.11.110, the Hearing Examiner may only render recommendations on the rezone and the associated Class (3) uses. 2. Standards of review. a. Rezone analysis. YMC 15.23.030 sets forth the criteria that are used to analyze rezone applications. b. Class (3) review. YMC 15.15.040.5 requires a demonstration that the Hearing Examiner's decision complies with objectives of the YUACP, the intent of the particular zoning district, and the P rovisions and standards of the zoning district. • 3. Rezone analysis. EXAMINER'S RECOMMENDATION -4 il a. Compliance with the Comprehensive Plan. The Future Land Use Map (Map III -3) the Yakima Urban Area Comprehensive Plan designates the subject property as suitable for medium - density residential development. Medium Density Residential (MDR) land use is characterized by a mixture of single family detached residences and duplexes with a variety of other housing types at a residential density ranging between 7.0 and 11 dwelling units per acre. The proposed zoning would result in a higher density and uses differing from those contemplated in Map III -3 for the subject land. However, Map III -3 also places the MDR land next to Industrial land to the east. According to Figure 111 -2 in the YUACP (Land Use Compatibility Chart), MDR and Industrial land are generally not compatible. The rezone would enable the use of the land at the boundary between the MDR land and the Industrial land for professional office space. Professional office use and Industrial use can be made compatible based on appropriate conditions as indicated in Figure 111 -2. The figure also recognizes that Professional Office land can be similarly made compatible with MDR and High Density Residential land. III Similarly, the rezone would allow Professional Office use of land immediately adjacent to C ommercial lands to the north of the subject property. Figure III -2 notes that Professional Office use and Commercial use are generally compatible. Thus the rezone would consistent with the compatibility principles in Figure III -2, and would actually foster those principles. Compatibility is a principal focus of land use decision - making. YUACP p. IlI -9. On the basis of this analysis, the rezoning would foster a pattern of land use that complies with the goals and objectives of the comprehensive plan. b. Compatibility of proposed use. Compatibility was discussed extensively in subsection 3.a., immediately above in the context of compliance with the YUACP. The proposed professional office uses on the eastern portion of the lots is more compatible with the adjacent industrial property uses than would be the uses contemplated by R -2 zoning. The property immediately to the south of the subject lands is zoned R -3. Whether the proposed use on the south parcel of the subject property is characterized as a convalescent center or a retirement home; such uses are generally compatible with R -3 uses. Chesterly Park lies immediately to the west of the subject property. On occasion, sporting • events take place at the park. While there is a possibility that tenants at the proposed office buildings or senior apartments might be affected by noise from the sporting events, no evidence EXAMINER'S RECOMMENDATION - has been presented by either the planning staff the applicant, or members of the public indicating • that the noise or other intrusion on the subject property would render it unsuitable for the proposed use. In addition, the occasional intrusion would affect any lower density R-2 uses in much the same way, if not more so, since it is reasonable to expect some private yard use conflicts with sporting events at the park. On the basis of increased compatibility of the proposed uses with adjacent industrial zoning and the insignificance of the difference between affects of park use on the proposed uses and permissible R -2 uses, compatibility issues do not preclude a rezoning of the subject property. c. Public Need /Change in Circumstance The planned future land use for the properties surrounding_ the subject property are either park properties. industrial properties, or high density residential property. The practical consequence of retaining the current zoning would be to create an island of medium density residential land with potential compatibility issues on the north and east boundaries. Significant commercial development, including professional office space development, has occurred in the district immediately to the north of the subject property. These changes support the requested e from moderate densit development to high- density residential/professional residential develo rezon _ P business development. hi addition, there is a valid public interest in rendering, vacant land more useful through investment of private capital in the manner proposed. The tax revenues associated with such a development are important to the funding of public services provided by the city as well. d. Suitability of property for proposed use. The property presents no topographical or soils- related concerns regarding the suitability of the property for the range of uses proposed by developer. e. Adequacy of public utilities. This parent parcel is currently served by all necessary public utilities and the short plat will extend these utilities throughout the plat. River Road, a minor arterial, coupled with an extension of N 35th Avenue, provides street access. Transit service is provided by Route No. 3 Mead/Fruitvale and No 4 Fruitvale/Mead. f. Recommendations from interested agencies. No agencies raised issues suggesting that the rezoning of the property was inappropriate, 1111 so lone as appropriate utility infrastructure was constructed. EXAMINER'S RECOMMENDATION - • Testimony at public hearing. Testimony at the public hearing was not concerned with the rezone. Rather, public comment was focused on transportation impacts from the general development of properties in the vicinity. Otherwise public comment indicated a lack of concern about the proposed uses. 4. Class (3) Review According to UAZO 15.02.020, Class (3) uses are generally incompatible with their neighbors because of their size, emissions, traffic generation or other reasons. In order to deny a Class (3) use, however, evidence must be presented that specifically identifies deleterious effects from the use resulting in the incompatibility. Denial is not appropriate if there is no such evidence or if the undesirable effects of the use can be mitigated through imposing appropriate conditions. This assumes that use otherwise complies with complies with objectives of the YUACP, the intent of the particular zoning district, and the provisions and standards of the zoning district. a. Evidence of inconzpatibility. Public comment identified traffic congestion concerns associated with the intersection of • River Road, South 34 Avenue and Fruitvale Boulevard. However, the Traffic Concurrency Review identified remaining excess traffic capacity on the vicinity streets to adequately deal with the traffic generated by the proposed. In addition. the environmental review process identified no significant traffic impacts attributable to the project. There is no substantial evidence to allow a conclusion that the proposed use presents traffic -based incompatibility with the surrounding uses. Otherwise, the only compatibility issues are related to the potential sensitivity of the proposed uses to the light industrial uses on the east and park uses on the west. There is no evidence that the current industrial uses would impede the proposed uses. Future uses.of the industrial property "should not generate noise levels, light, odor of fumes that would constitute a nuisance or hazard." YMC 15.03.010.12. Similarly, there is no evidence that noise from the park would be so loud or frequent or of a duration that it would impede the use of the subject property for apartment or office purposes. b. Compliance with objectives of the YUACP. Compliance with the YUACP was discussed in 3.a. above. The proposed uses will enhance consistency with the land use principles set forth in the plan by buffering potential Oincompatibilities between the proposed residential uses and the existing commercial and industrial uses by establishing professional office space on the north and east boundaries of the subject land. establishing P sp bj d. EXAMINER'S RECOMMENDATION -7 c. Compliance with the intent of the zoning district. • The YUACP sets out future land uses in Map III -3, which is to serve as a guide (together with other considerations in the YUACP) for assessing consistency with the plan, but the City's zoning map controls over the plan in project permit decisions. The R -3 district is intended to: a. Establish and preserve high- density residential districts by excluding activities not compatible with residential uses; and b. Locate high- density residential development, more than twelve dwelling units per net residential acre, in areas receiving the full range of urban services and c. Locate high- density residential development near neighborhood shopping facilities; and d. Locate high- density residential development so that traffic generated by the development does not pass through lower- density residential areas. YMC 15.03.030.4. As has been discussed earlier, no significant incompatibility is raised by the proposed uses. The area is or will be fully served with urban services before occupancy, and the high density residential units will be served by the nearby shopping facilities at 40 Avenue and Fruitvale. The development will not generate traffic in any lower - density residential areas. 111) Accordingly, the office and senior care facility development will be consistent with the applicable intent zoning district intent statement. d. Compliance with the provisions and standards of the toning district. The zoning ordinance sets forth specific standards for lot size, maximum lot coverage, minimum building setbacks, parking, building height, sight screening, etc. Generally, there is no evidence that the proposed uses will not comply with the ordinance standards. The Planning staff has argued further that it is not necessary to specify site screening standards for the boundary between the proposed uses and Chesterly Park. The staff argues that, among the bases for requiring site screening set forth in YMC 15.07.010, only noise impacts from the park are relevant. Since the otherwise - mandated six- foot -high, view- obscuring fence and a ten- foot -wide landscape strip would do virtually nothing to mitigate for any noise impacts, it is inappropriate to require the installation of the fence and the landscaping. Conversely, neither the office space nor the dwelling units proposed for the subject property present conflicts with the nearby park uses, so site screening principally serves to protect • EXAMINER'S RECOMMENDATION -8 40 the offices and dwellings. Thus staff urges that the applicant be free to provide such site screening as the applicant feels is necessary to protect its intended use. The Standard C site screen is a default standard, rather than one precisely set to address such an interface of land uses as is presented by the proposed project. There is no evidence that (1) allowing such flexibility in this particular case is inconsistent with the zoning ordinance, (2) the intent of the site screening ordinance would be compromised, or (3) adjacent park uses adversely affected. Therefore, giving the proponent flexibility in the installation of site screening is acceptable so long as the selected site screening measures do not in and of themselves produce conflicts with neighboring uses. and so long as the project otherwise complies with zoning ordinance standards. This conclusion is consistent with YMC 15.10.020 provisions regarding administrative adjustment of development standards. Based on the foregoing Findings and Conclusions, the Hearing Examiner makes the following • RECOlVIlV1ENDATION The Hearing examiner recommends that this master application be approved subject to the following conditions. 1. An approved plan for dust control during site preparation, construction, and landscaping phases shall be obtained from the Yakima Regional Clean Air Authority. 2. Applicant - selected site screening measures shall not produce conflicts with neighboring uses and shall otherwise comply with zoning ordinance standards. 3. A final site plan shall be required showing any changes or conditions imposed in the rezoning and Class (3) review process. 4. None the reviewed uses shall be issued a development permit until the Division of " Planning has approved the final site plan. EXAMINER'S RECOMMENDATION -9 Dated this 13 day of March, 2001. 4410 - Patrick D. Spurgin ...___ Hearing Examiner ' • EXAMINER'S RECOMMENDATION -10 t . - i E CITY OF YAKIMA: _ � . 4 . °F Y fi , LAND USE APPLICATION R E C EDE D :'M: �! DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENNT T S AN OF 2 4 2001 '•. ~ ~ 129 NORTH SECOND STREET. 2ND FLOOR CITY YAKIMA: WASHINGTON 98901 Y AKIMA , VOICE: (509) 575 -6183 FAX: (509) 575 -6105 PLANNING DIV TIt OSEMEADRA.SMAT_ __ Ji .- a�.' �- �, i- �FI IIOfE}I3I 3r'•SDS'f�B�S;.L'� @ST.� • : :. .,,,:.. "iiiiji 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. - ' .at• L_ - ''s� �s v"- ,a;��a �. i�eq�s:�> .. `.,.`� � .. 7 .. - ORMA`7Tfl ..= -a• w .:- , ..ter ',' ..' � -. a '•ee.. ��, -'. ',. -�°.'v o^e' c %.,. i 1 l •i:"".,si =.: c ^ , c°,:�SO i ai`�. ,�'^`+�' Lr:.�;t'Ct� ` I� �a� �? xsF�vdsidaE'sYtitiavcN'��ax:����; �`.`. 1. APPLICANT NAME ) 1 O 1 p A. ' t U.7 L E / -0 2. APPLICANT ADDRESS STREET )l.. A) , Z-0-4- AVE__ CITY y l M A , NUMBER PHONE NMBER STATE � 1 ZIP 1 0 1 0 L PHONE (S ) p ` I o b ESSAGE , ) [9} 3. APPLICANT'S INTEREST CHECK ' WNER ❑ OWNER REPRESENTATIVE IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER 4. PROPERTY OWNER NAME S ■ M � (IF OTHER THAN APPLICANT 5 41; ERTY OWNER'S STREET CITY SS AND PHONE (I THER THAN APPLICANT) STATE ZIP PHONE ( ) N SSAGE 1, 6. ASSESSOR'S � � RCEL NUMBER ^ Nea�l (S) FOR SUBJECT PROPERTY: n 9 E ` 1 t� RJJ 7. EXISTING ZONING OF SUBJECT PROPERTY: R _ 2 exti # "" V 1------ pa X r 8. ADDRESS OF SUBJ CT PROP RTY: - �`'• kki5.154. o —o 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) I `� ❑ Class (2) Use 1KEnvironmenta] Checklist (SEPA) ❑ Right -of -Way "Vacation jst Class (3) Use Wg R -3 ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption E. Rezone R.-2 — R-3 ❑ Appeal ❑ Shoreline ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other PART P4iSTIPPPI EMEIS AS P CA;TIC AND PARTIII `; REQUIRED ATTAEH1VIFINT `4 " 10. SEE ATTACHED SHEETS 'SPAR:4;e5• '�,.. ; - rt rii" dµ' u..::s+j :',�+,+:, ; l.s- i 11. I certify that the i f ormation on 's application and the required attachments are true and correct to the best of my knowledge. 1 I., (- v-3 -01 SIGNATURE DATE Revised 9 -98 FOR ADMINISTRATIVE USE ONLY FILE NO. DATE FEE PAID RECEIVED BY AMOUNT RECEIPT NO HEARING DATE 1 - ' • • - - DOC. i INUh.:A SUt _ L.EMENTAL APPLICATION FOR: RECEI --J.... J AN ., 2 200 .. - R EZONE • IL). � CITY OF YAKIMR PLANNING DIV .4 � . hi go nTBD Vb . ,_ _,. = CHAPTER 15.23, YAKIMA URBAN AREA ZONLNG ORDINANCE (UAZO) 'r: ti41' -1 1 ji sn4;:_ F1' *Jii VII 't •e1 :4?.:t 14 y T:i:. r:-e- .r A % .:4:4i. ±. ',-f \.,a4,r• -a: 'Sil ji&- 3"`.,' -K:;;.- t r i .. `,', * 1. REQUEST: (I. we) the property owner(s) request that the following described property be rezoned: From ti ` "'").- To R r 1 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) 4 Q_e_____ ig -6-4-4 \ 941 3. OWNER'S SIGNATURE: (I. we) certify that (I, we) are th : 1C - . ecord of all of the above described pr pe 4 140S A N Q h � L "\L `%' P • L N 73 N M%tk 1.1 ,, ( ROTARY (O ER(S) SIGNATURE) STATE OF WASHINGTO PUBLIC Z O 0 COUNTY OF YAKIMA ) 15 eel 31 V . On this day personally appeared . GF WAS T1 • 1 7 k,i� 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 .--2 day of Jan l.la 4 •1 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. WRI FFEN NARRATIVE thoroughly answers the following questions in as much detail as possible: A. Is the requested zoning change suitable with the property in question (subject property)? How so? B. How is the rezone request in compliance with and/or how does the request deviate from the 1997 Yakima Urban Area Comprehensive Plan as amended? C. Are there adequate public facilities. such as traffic capacity. sewer service,potable water. storm water and other public services and infrastructure existing on and around the subject property? Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? D. Is the proposed zone change and associated land uses changes compatible with the existing neighboring uses? What mitigating measures are planned to address incompatibility, such as site screening.buffering building design, open space traffic flow alternation. etc.? E. Is there a public need for the proposed change? 6. SPECIFIC PROJECT If this request is for a specific project please include the following: A. Written roject description including number of housing units and parking spaces. If the proposal is for a bu P J describe hours of operation, days per week and all other pertinent information related to business operations. B. Site Plan (Please use the City of Yakima Site Plan Checklist) Note: All submitted information will be forwarded to the Hearing Examiner along with your application and will become 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 - # RECEIVED JAN 2 4 2001 • OWNERS POLICY CITY OF YAKIMA Schedule A PLANNING DIV. Rate Code State City Property Type NONE 48 077 10 Office File Number Policy Number Date of Policy Amount of Insurance Premium 00048791 48 0004 10600003064 March 16, 2000 at $490,000.00 $1,305.00 11:36 a.m. 1. Name of Insured: HABUT, LLC 2. The estate or interest in the land which is covered by this policy is: A Fee 3. The estate or interest in the land is vested in: THE INSURED 4. The land referred to in this Policy is described as follows: Tract 12 and the North 132 feet of Tract 11 of NATCHES ORCHARD TRACTS, recorded in Volume "A" of Plats, Page 69, records of Yakima County, Washington, EXCEPT beginning at a point on the North line of said Tract 12, 311.31 feet South 89 °55'30" West of the Northeast corner of said Tract 12; thence North 89 °55'30" East 31131 feet to said Northeast corner of said Tract 12; thence South 0 °44'15" East along the East line of said Tracts 11 and 12, 761.50 feet to a point on the East line of said Tract 11, 132.00 feet South 0 °44'15" East of the Northeast corner of said Tract 11; thence South 89 °46'45" West being parallel with the North line of said Tract 11, 306.83 feet; thence North 1 °04'25" West 762.35 feet to the point of beginning. Situated in Yakima County, State of Washington. • This policy valid only if Schedule B is attached. DOC. INDEX #3 L. H. Butler, D.O. HABUT, L.L.C. Bob G. Haney • Bus. (509) 837 -8515 Off. (253) 804 -3498 Res. (509) 248 -9668 1214 North 20 Avenue Fax (253) 804 -3505 Fax (509) 248 -8738 Yakima, Washington 98902 Cell. (509) 840 -0142 January 24, 2001 RECEIVED JAN 2 4 2001 Dan Valoff CITY OF YAKIMA City Planning PLANNING DIV Re: Rezone Parcel #14412 Dear Dan, HABUT, L.L.C. is the owner of lots 1, 2, 3, 4 and 5 of a Short Plat just completed on former Parcels # 14412 located at 3506 River Road. We request a rezone from R -2 to R -3 to accommodate the development of the Chesterley Meadows Assisted Living Center, the Senior Care Center and the three office buildings as shown on the attached site plan. We plan to start construction on the 74 unit assisted living center and the 34 unit senior living center as soon as we get rezoning and building permits. The requested rezone is suitable to this site since it is surrounded by R -3 zoning and is compliant with the 1997 Urban Area Comprehensive Plan. These are adequate public facilities for transportation (city bus), city fire and police protection in this area. The city water and sewer services have been addressed (see site plan) and storm water will be contained on site. The proposed zone change and land use are compatible with the neighborhood (see SEPA application). There are commercial buildings in this area and the assisted and senior living facilities are in keeping with similar developments in this area of the city. There is a public need for more of these facilities in Yakima. SPECIFIC PROJECT DESCRIPTION: Lot #5: 74 Unit, 3 story, 42,000 SF Assisted Living Center with 24 hour a day services to residents, seven days a week. This project will have 31 parking spaces. • DOC. INDEX Lot #4: 24,360 SF two -story, 34 unit Senior Living Center with 37 parking spaces. This will provide 24 hour a day residence for seniors. Lot #3: 8,512 SF office building on one floor. This will be used for regular office hours 8:00 a.m. to 5:00 p.m. Lot #2: 9,184 SF office building on one floor for use from 8:00 a.m. to 5:00 p.m. Lot #1: 8,960 SF office building on one floor for use from 8:00 a.m. to 5:00 p.m. Thank you for considering this rezone from R -2 to R -3. Respectfully, a V Lloyd H. Butler, D.O. 411 HABUT, L.L.C. - Manager • DOC. INDEX 1 I o% Y!q . 1 1 •"L•' �j' ' DEPARTMENT OF PUBLIC WORKS . l` ,I '1'.', ' 11-*: 2301 Fruitvale Blvd., Yakima, Washington 98902 Li.. : 1 Phone (509) 575 -6005 '., OaATED X 80 February 13. 2001 James A Perry PLSA Engineering and Surveying 1120 West Lincoln Avenue Yakima. WA 98902 Subject: Notice of Decision for Transportation Concurrency Analysis Morning Side Care, LLC (Dr. Lloyd Butler) Dear Applicant, Enclosed is the Decision for the Transportation Capacity Analysis of professional office and assisted care facilities proposed for North 35 Avenue by Dr. Butler. This III development has been APPROVED for Concurrency Analysis. Concurrency review determined that reserve capacity is available on all impacted arterial streets. Concurrency review does not evaluate impact to local access streets or street intersections. This review does not include safety or site design issues which will be addressed at the project review level of zoning and SEPA. This review concluded that the proposed development will not exceed the capacity of the arterial street system and reserve capacity exists on all impacted arterial streets. Please review the enclosed report. You may appeal the Findings of this report or request Administrative Reconsideration within fifteen (15) days from the date of mailing of this Notice. Appeal forms and procedures are available at the Department of Community and Economic Development, but if you have any questions, please give me a call at (509)576- 6417. Sincerely. C;ktv :14L4/2"-7.3.6_ 6 Joan avenport Su ervising Traffic Engineer enclosure Copies: Dr. Butler, Proponent IIII Sandy Cox. City Codes Dan Valoff, Associate Planner Yakima nan DOC. 1111IF Administration 575 -6005 • Equipment Rental 575 -6005 • Parks & Recreation 575 -6020 • Refuse 575 -6005 INDEX Street 575 -6005 • Traffic 575 -6005 • 'hransit 575 - 6005 # / 1994 City of Yakima, Washington Traffic Division of Public Works Department Transportation Concurrency Analysis r • Date of Review: February 13, 2001 Review Prepared by: Joan Davenport. Supervising Traffic Engineer (576-6417L, � Proposed Development: Morning side Care. LLC (Receipt # 114242) (� Subject Address: North 35 Ave and River Road ITE Land Use Category: LU #715 Single Tenant Office: 26.656 s.f. in three buildings LU #250 Senior Apartments: 34 Units LU #252 Congregate Care: 70 Units Calculation: LU #715: 1.72 PM Peak Hour Trips per 1000 s.f. expansion [ 1.72 * 26.6 = 45.75 PM Peak Hour Trips Office] LU #250: 0.27 PM Peak Hr Trips per unit [34 units * 0.27= 9.18 Trips] LU #252: 0.17 Trips per Unit [70 units * 0.17 = 11.9 Trips] 45.75 +9.18 +11.9 = 66.83 Total Development Trips Discounts for Pass -by and Internal trips:None. • Expected Net PM Peak Hour Trip Generation: 67 PM Peak Hour trips Summary of Impact: The applicant. Dr. Lloyd Butler proposes to construct a new public street south of River Road to accommodate three office buildings (total combined square footage of 26.656 square feet): a 34 unit senior housing facility and a 70 unit congregate care Assisted Living facility. All traffic from this new development will use River Road, between 40` Avenue and 34 Avenue which is classified as a Local Access Street. Development traffic is expected to enter the Arterial Street System on 40` Avenue and on Fruitvale. City of Yakima Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street for the selected land use category. The site generated traffic is distributed to the Arterial street sections noted below. based upon the City policy to assess impacts for two Arterial street segments. Estimated distribution of the site generated trips is shown on the table below . Based upon actual data. City of Yakima Traffic Volumes for PM Peak Hour are assessed as 8.7% of total Average Daily Traffic (ADT). Peak hour reserve capacity includes any vehicle trips previously assigned under the Concurrency Ordinance. City of Yakima Transportation Concurrency assesses arterial street segment capacity only and does not address intersection capacity. The following table also 111 includes estimates of PM Peak Hour traffic entering the Washington State Department of Transportation SR 12 facility. Transportation Capacity Analysis DOC. Page I of 2 INDEX # /� "k eg Street Segment ADT Pk Hr Pk Hr Pk Hr Dev. V/C LOS Cap. (8.7% Reserve PM Pk ADT) Cap. Hr impact 68 40th Ave:River Rd to Fechter 2 000 3200 2175 954 12 0.70 C 67 40th Ave:Fruitvale to River 21500 3200 1871 1425 40 0.64 B 69 40th Ave: Fechter to Englewood 24700 3200 2149 1245 12 0.74 I C 85 Fruitvale Blvd: 40th - River Rd 8850 3200 770 2311 2 0.28 A 86 Fruitvale Blvd:River to Castlevale 9800 3200 853 2290 17 0.28 A 98 Powerhouse: 40th to Pecks 4900 1600 426 1154 7 0.28 A 91 River Road: Fruitvale to 20th Ave 2900 1600 252 1327 1 0.17 A SR 12 11000 NA NA NA 3 NA Impact to WSDOT Facilities: The proposed development will have a direct impact on SR 12, since many trips to this facility will be regional in nature. An estimated 34 PM Peak Hour trips will use either the east or westbound ramps and lanes of SR 12. This review does not attempt to evaluate the concurrence standards or the levels of service of this impact to the WSDOT facilities. Summary of Impact to City of Yakima Arterial Streets: • This application has been reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review. • Ill Transportation Capacity Analysis Paee 2 of 2 DOC. INDEX #l(1 °F Y. LAND USE APPLICATION tip; << I V : ,~ k'.1 : ! DEPARTMENT OF COMMUNITY' AND ECONOMIC DEVELOPMENT .. � ', , , • , ;0 6 129 NORTH SECOND STREET. 2ND FLOOR +', ' YAKIMA, WASHINGTON 98901 .L__ ATECI -' VOICE: (509) 575 -6183 FAX: (509) 575 -6105 s iui our iiialleiiiii' �'. t� RSrT `t�P�' v '" 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. _ _ -,.� � --= '« "; ';<ti:. �` -":ri ��,+.•si:'r. ��- �`-y¢.- :.:.�etn�� „- ,�ti.'�'LYL "'„ .` ��•�rrt. L. Wit,` +:0 7 , .if •N `�, . .. ` "_e.;1r=1 a '3.,;1 ., .,. '.x„*'..e"S7I: :';I. ni: l�Sn..._,. --7: `Pty- :,GE�fF:1 _ ..- , . __ .. .. . I. APPLICANT NAME M G. Rr C a. , L L. C 2. APPLICANT ADDRESS STREET 3 1 C c E• " 4i e CITY j c ` .,,., AND PHONE NUMBER STATE (;,; A ZIP q 6 4 PHONE ( 2S3) y ,)._). -c. 1 y MESSAGE I, ) 3. APPLICANT'S INTEREST CHECK ❑ OWNER B OWNER REPRESENTATIVE IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER 4. PROPERTY OWNER NAME (IF OTHER THAN APPLICANT) ` ( 5. PROPERTY OWNER'S STREET t }l 4 ti . iy 4. CITY YcAK�.... ADDRESS AND PHONE STATEw A ZIP c/ L r'' 1 PHONE (St' 1) > 1. l 4 :1 MESSAGE ( ) I (IF OTHER THAN APPLICANT) 6. ASSESSOR'S PARCEL NUMBER (S) FOR SUBJECT PROPERTY: ' 1_ to t: (, - ( 44 i? 7. EXISTING ZONING OF SUBJECT PROPERTY: _ a - R�3 cp .,,,, , „ \ , ,,,Q. - ,,, — , q ‘ ) S. ADDRESS OF SUBJECT PROPERTY: (c 0 1∎. •Je„ I? . -c), `'t&--' cs, 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use ❑ Environmental Checklist (SEPA) ❑ Right -of -Way Vacation ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption ❑ Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner Other iv .)., ... T• O. Z .4., ❑ Administrative Adjustment ❑ Short Plat ® C� ` ;1- A�. cjA, / S. IPAR S J P . ' , 4 : ,' 1; .7*-'; .' Iti ' -13 p. '-' s i R:D^7Tt D.'=A:TTACHI1+ZEltii 10. SEE ATTACHED SHEETS � , � p .��.�'�''"" >ta•11 _�6. �i 3A :A.. ?:r.:"`i.ei•'}��:r.''.'i :rlw �+ ,' ?,'' :ii :ap.' :, so R I . ...._ 84 4i a 1�L! .... 1717 =. ^ i r . -g _t ', . .. : ._. �� • },.�� 4 j � �' _ .. .: _ . 11. I certify that the inform on on t 's application and the required attachments are true and correct to the best of my knowledge. ‘.------':;=•\-- 6--0 b SIGNATUR DATE Revised 9 -98 FOR ADMINISTRATIVE USE ONLY FILE NO. D E FEE P ID RECEIVED BY G SMOUNT RECEIPT NO. HEARING DATE _ C 1 -- I 'a mac_» - DC J I (---1'- - INDEX it I3 i City of Yakima, Washington TRANSPORTATION CAPACITY ANALYSIS The Washington State Growth Management Act (RCW 36.70A.070) requires all new development to be consistent with the existing or planned street system capacities. The City of Yakima adopted Yakima Municipal Code Section 12.03 to implement this local requirement. The information you provide with this application will be used to estimate the impact of your development upon the PM P eak Hour traffic on the City of Yakima arterial streets. APPLICATION LNFORMATION FEE: S250 (Receipt = / / `/ )L\ Applicant Name: M 0 et ,. 5 • c n , 1 - L C Contact Person: L. t. d i .A t i Mailing. Address: 13, k 4 tom • "" A, r ,vs: - c. Lam' A 9 E' c'CI Project Address: 3( L P ,,, 4 ; t: c C- : L;'';., K - ..•. Parcel Number: Lt i 3 1 5 - i 4 4 2 RESIDENTIAL - COMMERCIAL .:- - INDUSTRIAL ii Tu mber of 7C; Describe c ss ; X1- L. .:.,; Describe _ Housing Type: c - . z C Gross Floor Area: S (, 0( L.: Gross Floor Area: (single family, Apartment. condo. MHP) S. i- • — Special Population: t -C, c ‘ Parking Spaces: L 7 `t Parking Spaces: S -� t.v .r (Assisted Living. Nursing Ho m • e te ,1Required/Provided) i i (Required/Provided) Other: Number of Employees Number of Employees (Day Care, Church. etc) Project Description: c: , - 1C- , r e L tks L, s • s A ci) c / c Y C (, 1. F.� c' ,, l.; t 5 ; c c-�. t.t t�._.\c-.w z .., T 'i r.....a 4 Ja'r y Li-- ( 1' sit j1kc.Y1 • * * ** *PLEASE ATTACH A SITE PLAN * * * ** Submit this form , attachments and fee to the City Permit Center, Yakima City Hall, 129 North Second Street, Yakima. Washington, 98901. You will receive a Notice of Decision explaining the Findings of this analysis. Please review the Decision when it is sent to you, as there is a limited time period for Request for Reconsideration or Appeal. Questions? Contact the City of Yakima Public Works Traffic Division 2301 Fruitvale Boulevard, Yakima, WA 98902 • Phone: 509/575-6005 DOC. INDEX # /2 4 11 1 City of Yakima, Washington Division of Environmental Planning PUBLIC HEARING March 8, 2001 Master Application by ) Staff Report Lloyd H. Butler, D.O. ) UAZO RZ #1 -01 UAZO CL (3) #3 -01 for a Rezone from R -2 to R -3; ) EC #2 -01 Placement of Professional Offices ) Bruce Benson within the R -3 zoning district; ) 575 -6042 and environmental review. ) SUMMARY OF RECOMMENDATION. Staff recommends approval subject to conditions. 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. Lloyd H. Butler, D.O. 1214 N 20` Avenue Yakima, WA 98902 LOCATION. 3506 River Road. PARCEL NO. 181315 -14412 1111 Filed 1 Hearing Examiner Lloyd H. Butler, D.O. EXH #_Date 3/R /01 DOC. 3506 River Road UAZO blaster Application File # 1�Z / -0f ±NDcX ,t Sc 1111 APPLICATION. Master application combining a project specific rezone from R -2, Two- Family Residential to R -3, Multi- Family Residential and a Class (3) application to permit professional offices to locate within the R -3 zoning district. CURRENT ZONING AND LAND USE. The subject property is zoned R -2, Two - family Residential and contained a single - family home located on approximately six acres of open land. Adjacent properties have the following characteristics: Location Zoning Existing Land Use North CBDS Residential /Commercial East M -1 Commercial /Industrial 1 11 1 West R -2 Chesterley Park South R -3 Vacant BACKGROUND & PROPOSED USE. The subject property is in the process of being short platted into five lots. The short plat has received preliminary approval subject to the completion of or bonding _-for the extension of sewer, water, and a public access road with curb, gutter, and sidewalk. The proposed use for the property is - to construct an assisted living center on the largest most southerly lot of the short plat and on the adjoining lot to the northwest a 35 Unit senior apartment building. On the remaining three lots of the short plat individual office buildings are proposed. If approved, 1111 2 Lloyd H. Butler, D.O. DO' . L 3506 River Road UAZC Master Application INDEX 5y III any Class (3) professional office use listed in Table 4 -1 as permissible within the R -3 zoning district would be allowed. COMPREHENSIVE PLAN COMPLIANCE. The Future Land Use Map (Map I11 -3) designates the subject property as suitable for medium - density residential development. Under this designation R -3 high - density zoning may also be considered as compatible based upon site - specific considerations. URBAN AREA ZONING ORDINANCE. The multi - family residential district is intended to: a. Establish and preserve high- density residential districts by excluding activities not compatible with residential uses; and b. Locate high- density residential development, more than 1111 twelve dwelling units per net residential acre, in areas receiving the full range of urban services and c. Locate high- density residential development near neighborhood shopping facilities; and d. Locate high - density residential development so that traffic generated by the development does not pass through lower - density residential areas. Class (3) land uses are considered to be generally incompatible with their neighbors for one or more reasons. In this application the area of possible incompatibility concerns the establishment of professional offices adjacent to residentially zoned properties. Class (3) land uses may be permitted by the hearing examiner if he determines, after holding • a public hearing, that any difficulties related to compatibility have been resolved. 1111 REZONE CRITERIA. 3 Lloyd H. Butler, D.O. ) v" 3506 River Road M D EX UAZO Master Application 4 53 Recommendations for approval of rezone applications are 1111 governed by seven criteria specified in Section 15.23.030 YMC. 1. Testimony at public hearing. Testimony at the public hearing is crucial in determining compatibility for any proposed land use change. 2. Suitability of property for proposed use. The property is well suited for the range of uses proposed by developer. 3. Recommendations from interested agencies. No agencies are opposed to this rezone. 4. Compliance with the Comprehensive Plan. This rezone is compatible future land use map III -3 and land use compatibility chart 111-2 of the Comprehensive Plan. 5. Adequacy of public utilities. This parent parcel is currently served by all necessary public utilities and the short plat will extend these utilities throughout the plat. River Road, a minor arterial, coupled with an extension of N 35th Avenue, provides street access. Transit service is provided by Route No. 3 Mead /Fruitvale and No 4 • Fruitvale /Mead. 6. Compatibility of proposed use. Although not ideal this proposal provides significant improvement over the current zoning and land use situation that permits contiguous light industrial and moderate density residential land use. The placement of the professional office buildings will further help to mitigate the compatibility problem by buffering the proposed residential uses from the existing industrial /commercial uses. 7. Public Need /Change in Circumstance Numerous and fairly significant land use changes have occurred within this general area since the subject property was zoned R -2. These changes support the requested rezone from moderate density residential development. - "to high- density residential /professional business development. ZONING ORDINANCE DEVELOPMENT STANDARDS. The zoning ordinance sets forth specific standards for lot size, maximum lot coverage, minimum building setbacks, parking, building height, sight screening, etc. With the exception of 4 11 1 4 Lloyd H. Butler, D.O. D O C,. 3506 River Road Ij,!D`X UAZO Master Application M1 1111 sight screening this proposal meets all applicable zoning ordinance standards for development. Based upon existing land uses and a strict application of the site screening standards of Chapter 15.07, site screening standard "C" consisting of a six- foot -high, view- obscuring fence and a ten - foot -wide landscape strip is indicated for inclusion along only the west boundary of the property. In this particular application it is questionable if a fence is truly warranted because the major compatibility problem is noise from Chesterley Park sporting events. A six -foot high fence will have little impact upon sounds of this nature. Since the developer will in essence be screening on his own behalf rather than for the benefit of the neighboring property owner it would seem practical to let the developer have a free hand in choosing how to resolve • this compatibility issue. Any remaining unresolved compatibility issues should be discussed and resolved during the public hearing process. DEVELOPMENT SERVICES TEAM (DST) REVIEW. The DST meeting for this proposal was held on December 14, 2000 at which time the following comments were submitted. 1. City Engineer Dr. Butler is in the process of providing civil design plans for the installation of all necessary infrastructure in support of this proposed action in accordance with the City's Development Standards. 2. Water /Irrigation There is a 20" water main in River Road and a 6" in N 34 S Avenue. The extension of a 12" line may be required depending upon demand and looping to 34` Fireflow calculations 5 Lloyd H. Butler, D.O. D Jr 3506 River Road `. UAZO Master application. INDEX #S/ indicate 4000 gpm with a 12" from River Road to property and • an 8" east to 34 Avenue. Irrigation is supplied by the Fruitvale Schanno Ditch which does not belong to the City of Yakima. 3. Cascade Gas There is a gas main in River Road which can serve this area. No other comments were received TRAFFIC CONCURRENCY. The Traffic Concurrency review for this project was completed on February 13, 2001. Based upon the information provided by the applicants this development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. 4 11 1 STATE ENVIRONMENTAL POLICY ACT. On February 28, 2001 the City of Yakima issued a Declaration of Nonsignificance for environmental checklist #25 -00. The 14 -day comment period preceded the issuance of this DNS and there were no comments received during the comment period. PUBLIC NOTICE. Notice for the hearing was provided in accordance with the UAZO requirements in the following manner: Mailing of notice February 14,2001 Posting of property February 14,2001 Legal Ad published February 14,2001 6 Lloyd H. Butler, D.O. D O C v• 3506 River Road INDEX UAZO Master Application ANALYSIS. There are two primary issues raised by this application. The first issue concerns the appropriateness of rezoning the property from R -2 to R -3 and the second issue concerns the compatibility of permitting professional offices to locate within the R -3 zoning district. As far as the rezone is concerned it is well supported by the future land use map and by the fact that all infrastructure necessary to support the requested development is or soon will be available. There have been numerous significant changes in the area that trend towards more high- density residential and commercial type developments. 4111 Concerning the Class (3) request to permit professional offices. For precisely the same reasons that support the rezone, recent changes in area land use, their approval is equally appropriate. Additionally, by their location these office buildings will tend to buffer the residential portions of this project from the possible incompatibilities of the adjacent M -1, Light Industrial property. CONCLUSIONS. 1. The hearing examiner has jurisdiction. 2. Adequate public services are, or will be, - - place to meet all utility and access requirements of this proposal. 3. Traffic Concurrency review indicates that this development will not exceed the PM peak hour capacity of the City Arterial 4111 7 Lloyd H. Butler, D.O. D 0 C. 3506 River Road UAZO Master Application INDEX street system and reserve capacity exists on all impacted 1110 streets. 4. SEPA review resulted in the issuance of a DNS on February 28, 2001. 5.Public Notice for this hearing was provided in accordance with zoning ordinance requirements. 6. This rezone is compatible future land use map III -3 and land use compatibility chart III -2 of the Comprehensive Plan. 7. There have been significant land use changes within the area that support this move from moderate density residential development to high - density residential /professional business development. • 8. Approval of this rezone master application will have the following public benefits: increased investment, increased tax base with the improvement of the property, and increased employment opportunities. RECOMMENDATION. The Division of Environmental Planning recommends that this master application be approved subject to the following conditions. 1. The hearing examiner shall determine appropriate site screening measures based upon testimony taken at the public hearing. 11111 8 Lloyd H. Butler, D.O. DOG. 3506 River Road INDEX UAZO Master Application # 1713 1111 2. That an approved plan for dust control during site preparation, construction, and landscaping phases be obtained from the Yakima Regional Clean Air Authority. 3. A final site plan shall be required showing any changes or conditions that might be required by the hearing examiner. • • 9 Lloyd H. Butler, D.O. DOC. 3506 River Road INDEX UAZO Master Application , / # 4. 7 w • , , r V / T o k ? F B 4 r ' 11843 P. , 1006 I A2047. , f "}1011 � ` N r , ♦ 1 cr)r ./ 1; ,{{ ,ta021 b Z " . 2046 1 ./12024. . '1 , ' ' ± I. 1 4 I � _ � } » 1 , 1 : F e r i �1380D " 1- ■ 1 t r ' O PARK ; ? W , ■ \ . i ; d i \ \ : 1 i .� '11}12 a ,' .. • '''\'‘\ . ''' ' 14416 . . 1 v 1 ' ' \ I �ae3 { I t446o j E I 1 \ 4 � , . I 1 '14127 + 14417 i / \ \ f \ i 1 7Cr�.r 1 Z , o ' ' • I )1 4416 '1412D i r / \` �_ I 14447 11167 1 14428 14137 1 x4418 Viz; ` i - 1 .114418 j I . \ C.. A 5 C A 0 E lJ i ' I, '1 ) :---'.0 o j F r I \ / j I C A S T l E V A L E R D J l }. / \ C A S T l E V A L S T CITY OF YAKIMA, WASHINGTON Scale - I in = 41 Information Services - GIS , , 2111 11 ill, ENO:UAZORZ #1 -01 18131514412 LICANT: LLOYD H. BUTLER. D.O. REQUEST: REZONE A SINGLE PARCEL FROM R -2 TO R -3 FOR ASSISTED LIVING CENTERS '10C. LOCATION: 3506 RIVER ROAD RZ- 1 -01 �9 .","::‘ 14 ' ‘11111til4111", •••■........„......... ■ < 4.4 4 e •■ ... . 5 1 5 "-- ' ... .114 1 ic 1 o 5 I .., I ■ 4i 5 iz l t NJ 5 5 5 5 5 . . . . 21 , od 5 . ■ i 1 ■ 1 c'-B13-S R I I ' 1 1 T 1 1 1 1 1 1 ■ 1 1 / 1 1 l' e 1 1 I I 1 6 •■•*. CHESTERLEY b 1, k 111-1 1 0 . PARK I I 1 , . . \ ‘ j i I CBD'SH 1 A t 4 ! \ i I _L 1 t \ I i 1 ii 1 t' I 1 \ \ \ i I I ! , INEI R-2 . . f R —1 k 1 il 1 \ \ : 1 1 E II I : R 1 ,•• • J , , ..... - CASCADE L Fi i . / ( 11 111 > t 4 / / / % ' \R ----- 1 s Alk ! , 7 1 ! ' ,,_1 1 1 1 / ■ PAW* 1 : A 1 . ! ! ill B/ : 'NW , . H , 1.! .134 ...,....)! -A , ÷ zi D ■ ''' ''' '• .i.. SD Au L i . -. . CITY OF YAKIMA, WASHINGTO§=- Information Services - 1 71 C "-- ;'‘ '''' -; ; i n e s,:lie - lin . 4r)(■11 a 2(,!! 4111 Gi t X H # C ,2-- Date / 2 -0/ ,, • NO: UAZO RZ#1-01 File # (24 /-o 1 t77 ,, Subject Property LICANT: LLOYD H. BUTLER. D.O. Zz,/ REQUEST: REZONE A SINGLE PARCEL FROM R-2 TO I= MD Zoning Boundary R-3 FOR ASSISTED LIVING CENTERS • • • • Yakima City Limits •)a0 LOCATION: 3506 RIVER ROAD RZ-1-01 01126/01 I !Di= x !A_ r - / : -wi - "-r a : t ‘ i , :.• "... -.. , .;.. I ,,,,v. ... , ) - *-g.,_ ..• . - ---Ab , N ir.,.. , -. • ... 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' ' 1 Illi II Mr .•••,..,.. • Ir. . I. IL ALIN : -, .41r le ri . t . t i sm 'll I r ii. i 40 ,t ,.2 he ' i Ir 44 :. - ,• ... • - • . ,.. . ,_ • , r - - 0 I. ' I 4 ■.,. . . . l i *, Qr. E. i iit..„.ii 1 PlillalINNOPV - . ' 1 ' i t I - . 4 b .:` " - * :irk . le ......, • • ' 4 4.11 i IP -- i 1 -,- 1 - I' _ ., 7 ' ' -:- v-'"V'..i- , 'F - •-'1- - i ,, --mt- C A i ti V A i , i ) V •.1 CITY OF YAKIMA, WASHINGTON Scale - I in = 40011 Immel■I Information Services - GIS o 2oo 400 s LE NO: UAZO RZ#1-01 Subject Property APPLICANT: LLOYD H. BUTLER, D.O. REQUEST: REZONE A SINGLE PARCEL FROM R-2 TO Zoning Boundary R-3 FOR ASSISTED LIVING CENTERS Yakima City Limits — LOCATION: 3506 RIVER ROAD RZ-1-01 01/26/01 's! ! ■ - ■ 4 N UAZO RZ #1 — 01 I I SR Suburban Residential LLOYD H. BUTLER D.O. R -1 Single - Family Residential I R-2 Two - Family Residential 1111110 NE A SINGLE PARCEL FROM R -2 TO - R-3 Multi - Family Residential N 1 I B -1 Professional Business gliPPOR ASSISTED LIVING CENTERS o B -2 Local Business 3506 RIVER ROAD No SC Historical Business I = SCC Small Convenience Center hwii LCC Large Convenience Center Subject Property No CBD Central Business District 111011111111111EN , i CBDS CBD Support 1 L — City Limits I I M -1 Light Industrial ® M-2 Heavy Industrial F ' H to r IF.z.f 4 F ° N R le I e 1 CHESTERLEY 0 c PARK N O N m II W I — -- - L i i i i Kam: I I AI n O 1 � PIP a ? % /. C of Yakima Washington „ T Sale - Lin =�OOft � DOC. • () .r0() :�i INDEX Rz -t -0= January 26 2001 ti•,,,; •. # '7 Ill �„ \ » �i _ Current ( 00 - Yakima _:_ Zoning ° ° , Water & Sewer le 7077 / 7� \ °° 100 A \ . Tiii i) ! O I1 Ill !I fl H r F 7sx q ` f 7 0° — i q CURRENT ZONING a G N Water 1.111L 11135 3711 II00 7701 707 > I 7Gp7 I SR Suburban Residential 00 - - " -- l 4 nw 2 0° 1 0 00 I v 1- H — fit — - - -- - < F R - Single - Family Residenti , u u - ° ' P N Sewer Lines 11:0 ( `'' j IIi4 I „ 3214 B II R -2 Two - Family Residential ES TERLEY m • ste ■ R -3 Multi - Family Residential s — - A PARK B -I Professional Business I ARK — 770. z ISM pi B -2 Local Business ■ HB Historical Business — 't • , _, . SCC Small Convenience Center • o r. 0 ■ LCC Large Convenience Center — L . CBD Central Business District 1014 IN CBDS CBD Support s .. • I p .• M -I Light Industrial 1 AIL ---MLITIO M -2 Heavy Industrial 9 , - x — _,-e a S. n° `O � i 1 5 1 FILE IC A NT: UAZO LLOYD RLOYD H. BUTLER, D.O. 1 0 x.. _ _ -__ -.- ___ _� ....___N — APPLICNT: LYD H. • .... Future , Digital Land Use y _ o y +,4r 1 -- Orthophoto 4 •n • h 11 II rp ` i i • r .r ° e - s ' r Mosaic of Digital _`� Y Orthophotography Flown 03/12194 r • • a 1 v E . 11 — < FUTURE • LAND USE H v •••14 to r i ..k. , •. 1 3 TT'y 1 1 e Low Density Residential ` " ' . L �, , , c % % s • 9 Medium Density Residential S 1 ' _ 77 i ,•r I • W ■ High Density Residential I. r z kc.): ; • (( PARK _. a Professional Office _ - , "' j � 1 I ® Neighborhood Commercial I t - ( ;� ; a 114 h t t r ' r�e tiro Large •Convenience Center •r'•• ■ +• • t , ,- r} • 1■ II Arterial Commercial i '' Y , • . ~ %. ' 'is f. • a . - _ ■ C BD Core Commercial , a' 44 CITY OF YAKIMA • n :'• l . _ DEPARTMENT OF COMMUNITY AND Industrial r • ECONOMIC DEVELOPEMENT • 1114 1 Urban Reserve a ` . ����� I. ' ' - 129 North Second Street illi 1 . L i I Jf 3;, - _ Yakima, Washington 98901 v W P- • 1 ��� Phone: (5091575 -6113 Fax (5091575-6105 Ifia v i > wti s • � -- - i - - - ' f All maps s ho w n at 1" = 400ft ; y am r ° �- ~ ~ One pa a Atlas: rz 1 -01 INDEX — / Cre ated: January 26, 2001 _ I .1. IJ ii IN THE SE 1/4 OF THE NE 1/4 OF SECTION 15, WNSHIP 13 NORTH, RANGE 18 EAST, W.M. I F pi f ' 1 ['APR _ VICITMTT MAP • . ...... ._ . r4 •Ane on ' 4 FA 42 I''•••- .___ , AV 511 LOT I • 32,383 SQ rt . ■ 1 , I . LOT I - 37 4S• S , Q 1/ 1 k•.—. _ 1 ■ / / . :. 14 1.441 'AAA ANN!. ,- .f , •14431._ •144174 ..41•1_ INMAN, • 1-101:241111 / ,• . 00 4 'A, • g .I 8 960 'A 11 • 12100 'A 41 /110144 '' / '' I . 2 4 AO MIA '42 I 1 • gi , IlS lot Lows6,3 •:. - - — ' 7 — - ;'-- - — 7.7 Ir —) 1 - 771 101 . OA144.1 ■ g ' ,I .. _ , r' _ " / / _ \41. \\•.1 , ,. i I, „ , -- I " • MOO • rirriTT.r N i-- 111 1111 11 1 I , I .\_. I AAA YAWING SAKES - ‘ •. `.. 04 - 43) ._ _ . i l ... ' i •01; ` ,, (36cooLD • 16) ',//// , ' \ - a• I 1 1 ,,,,:___,_.:•‘, I I -- -1 - t-- -11 1 i, 1.,.. ,„. . • I. ,-- _...,..........,.; --- -- -- - -- 1 --- 7 r V ---, -- : , if (.0-; =1•ADLY_VIILs••••• , t---- lr AOI WO , ... 1 ' V • L. c ••••6 low NORTH .3ern AVBNUI i roma... asaa I I 1 CAM AR AA. 1_ - 44. LOT S 11 11 -.... ,---1 ---.\•. S3,337 %a 1,1' / i \ I I 111 I I I ) i . • di 4 ) \ mr6, 1 'PAU; - 44 ( 10144 PIMA. •D•IA_S 4 441 I ■ 4 " AA 014041 - 40) ••••• 11: . i • (111 - 41) / "4- I \ 11 =I: 1 . 4t ••••••••01,—t- 1WIll 111 I I ill 11 1 .4'91 1 , •,, ..• ..1,-L 1 . L r. •-• ,.. :„ _ .. .. . .. .. _,.._ • , : . s..,. AAA I SIO0 4 •IFf 1,1 0,1144ei _ _ ._ • 174 4- 41 :Lop/ 011141 IMAM. .o -,-, . 7 , Se • 1,1 tl517 "0.1 41 All P 01 ■ 01.1,44.1 " • . - -.-- . •I NI 4 104 1 184 'Al I I I,r. i o I , Mol HA, • • — _ _ - . _._ _________ x ca. Hi.i 1 ---4. (----' LOT 3 - 33.0111 SC) TT. LOT 3 - 34,31/1 SQ IT ....., CU co i• Fp 254 0) - 23130' 44 mos 70 ' A P a ■ .0Th.... jZ=_____2±3 I) (') ...... ...... = • . ....... . L c p "C. ............ eilo ......... • , • " , , TKO) Of AA,. WI CHESTERLEY MEADOWS APPPA40 20A cams my. nom AM AS 00272 P L S A ,..1;!;.t4z:,, .• _ SITE PLAN , r - ! ICA 0 ' ( A ) _ _ ___ _ ___ _ YAKIMA, WASHINGTON ____ MA LUSILIIIT In, SIM ENGINEERING-SURVEYING-PLANNING — IMO — --- DR. BUTLER 1 ° I aur Iwo. ITISOOLN TACTSQL, T3.08330sTois oso•L ........ ..i,'„_I '. , • Z Ci DO -....... M c-) ---- >4 • CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENGINEERING DIVISION MEMORANDUM DATE: February 13, 2001 TO: Bruce Benson, Associate Planner FROM: Kevin Callow, Development Engineer RE: Butler Rezone 01 -01; Cl. 3, 3 -01, and EC 2 -01 Dr. Butler is in the process of providing Civil design plans for the installation of all necessary infrastructure in support of this proposed action in accordance with the City's Development Standards. • • Filed Hearing Examiner EXH # y Date afri /Q/ . DOC. File # R / INDEX • Water Irrigation DST Comments Applicant: Dr. Butler Comments Submitted By: Location: 3506 River Rd. Dave Brown Water /Irrigation Engineer 575 -6204 Parcel #: 181315 -14412 Division: Date: 2/14/01 Water /Irrigation Division 1= primary review 2= secondary review C 0 'c, a u . ` m .5 rn to 18 ; >v c A m w A c v a w 3 WATER & IRRIGATION 1 2 existing location, size, etc. 20" in River and 6" in N. 34th Ave. 1 2 extension necessary, size Yes 12" depending on demands and looped to 34th Ave. 1 2 2 _ fire hydrant None near 2 1 new public easements Yes 1 2 LID /connection charges Yes, depends on meter size 2 1 service installation charges Yes, depends on meter size 1 1 public /private system Public 4000 gpm with a 12" from River to property and an 8" east to 34th Ave. Note static pressure is 55 psi, will pose problems if a muli- 1 2 2 Fireflow calculations story building 2 Irrigation System _Fruitvale Schanno, not city 1 Z v Voo x • Dave Bro 021 01 410 on Manager REQUEST FOR COMMENTS g Maple ode TO: City o = • -- = = - . - : e - nt Services Team C C FROM: Bruce Benson, Associate Planner . DATE: February 2, 2001 SUBJECT: RZ #1 01, CL (3) #3 - 01, EC #2 - 01 requested by Lloyd Butler PROPOSAL: The rezoning of approximately five acres of property from R -2, Two - Family Residential to R -3, Multi - Family Residential, Class (3) review for the construction of offices within the R -3 zoning district together with Environmental Review. Proposed are an assisted care facility, a 32 -unit apartment building, and three single -story office buildings. (NOTE: This property is in the process of being short platted. The short plat has received preliminary approval, but is not yet recorded.) LOCATION: 3506 River Road PARCEL #: 181315 -14412 Please review the attached site plan and prepare any written comments you might have III regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held February 14, 2001 at 9:00 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e - mail address is bbenson @ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Should you have any questions, or require additional information, please call me at (509) 575 -6042. MM TS: (L. , 3L C u_rc...0 LA) Alist_vu2r) ,--./—Atri- , L2- 1 ' 94 1 RECEIVED FEB 0 0 2001 CITY OF YAKIMp PLANNIIyc DIV • 631i <.if5-.1L...._ Contact Department / Agency DOC. INDEX REQUEST FOR COMMENTS III TO: City of Yakima Development Services Team FROM: Bruce Benson, Associate Planner DATE: February 2, 2001 SUBJECT: RZ #1 01, CL (3) #3 -01, EC #2 -01 requested by Lloyd Butler PROPOSAL: The rezoning of approximately five acres of property from R -2, Two - Family Residential to R -3, Multi - Family Residential, Class (3) review for the construction of offices within the R -3 zoning district together with Environmental Review. Proposed are an assisted care facility, a 32 -unit apartment building, and three single -story office buildings. (NOTE: This property is in the process of being short platted. The short plat has received preliminary approval, but is not yet recorded.) LOCATION: 3506 River Road PARCEL #: 181315 -14412 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 February 14, 2001 at 9:00 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e -mail address is bbenson @ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Should you have any questions, or require additional information, please call me at (509) 575 -6042. COMMENTS: III Contact Department / Agency DD`. INDEX 4 17 DST PACKETS Annlicant: `1"(C — • UAZO# . 2 0 - D I Date of Meeting 9 ^ /el— t) City of Yakima Divisions: 0 Codes — Doug Maples d tp Traffic Engineering — Joan Davenport .ACS. Codes — Sandy Cox ,_ . . Streets — John Rutter 0 Codes — Carolyn Belles «,& Parks & Rec. — Denise Nichols ,6 Codes — Nancy Danko ,-- O.N.D.S. — Bill Cobabe Engineering Tech — Kevin Callow e- ransit — John Haddix i Water / Irrigation - Dave Brown 16. Police — Mike Vowell Utilities — Bert Tabayoyon 17. Refuse — Nancy Fortier Wastewater — Pete Hobbs 18. County Public Works — Vern Redifer 6 Fire Dept. — Mitch Cole 19. County Planning — Steve Erickson -ip. Fire Dept. — Jeff Pfaff (Always send notice to applicant) Others: 20. Yakima Tieton Irrigation Dist. - Rick Dieker 470 Camp 4 Rd. 98908 21. Nob Hill Water - Preston Shepherd 6111 Tieton Dr. 98908 22. Yakima County Health Dist - Art McKuen 104 N 1st St. 98901 III 23. WA State Dept of Ecology - Debbie Smith, 15 W. Yakima Ave. Suite 200 98902 24. No. Yakima Conserv. Dist. - Ray Wondercheck 1606 Perry St. Suite F 98902 V acific Power & Light Co. — Jim Moore 1101 N. 16th Ave. 98902 6 Q West — Millie Will 8 S. 2nd Ave. Rm 304 98902 dr Cascade Natural Gas Co. — Sheila Ross 401 N. 1st St. 98901 28. Yakima School Dist. #7 — Ben Soria 104 N. 4th Ave. 98902 29. West Valley School Dist. #208 Peter Ansingh 8902 Zier Rd. 98908 Charter Communications - Kevin Chilcote 1005 N 16th Ave. 98902 'D County Clean Air Authority, Les Ornelas 6 S. 2nd St., Rm 1016 32. Yakima Waste Systems -Scott Robertson 2812 Terrace Heights Dr. 98901 33. Yakima Greenway Foundation — Al Brown, Interim Ex. Dir. 111 So. 18 St. 98901 34. US Post Office - Coleen Ellingsworth 205 W Washington , 98903 35. Yakima County 911 - Wayne Wantland YPD 36. Soil Conservation Dist. -Ray Wondercheck 1606 Perry St. Suite F Yakima, 98902 37. Dept. of Wildlife - Mr. Ted Clusing 1701 So. 24 Ave. 98902 38. Dept. of Natural Resources - 713 Bowers Rd., Elllensburg, WA 98926 39. Dept. of Transportation - 2809 Rudkin Road, Union Gap, WA 98903 0 40. Dept. of Fisheries - Perry Harvester P.O. Box 9155 Yakima, WA 98909 41. Yakama Indian Nation, Bill Beckley P.O. Box 151, Toppenish, WA 98948 42. Bob Clem, Airport Manager, 2400 W. Washington Ave. 98903 43. George Inness Y.I.L.A. (Trolleys) 2725 N E 36th, Portland, OR 97232 DOC. INDEX IS Army Corps Dept of Natural Resources ox C -3755 713 Bowers Rd Mr. Greg Griffith , WA 98124 Ellensburg, WA 98926 Div of Archeol & Hist Pres PO Box 48343 Olympia, WA 98504 Sheila Ross Mr. Paul Donahue Cascade Natural Gas Dept of SocfHealth Service WA State Attorney Gen. Office 401 N 1st St. Capital Programs Ofc. Bldg#2, 120 S 3rd St #100 Yakima, WA 98901 MS OB -23B Yakima, WA 98101 Olympia, WA 98504 Chamber of Commerce 10 N 9th St. Dept. of Health Mr. Richard Smith Yakima, WA 98901 Michelle Vazquez Terrace Heights Sewer Dist 1500 W. 4" Ave. St. 305 314 N 2nd St Spokane, WA 99204 Yakima, WA 98901 Mr. Paul Burlin City of Union Gap Dept of Transportation Ms. Millie Will PO Box 3008 2809 Rudkin Road U.S. West Union Gap, WA 98903 Union Gap, WA 98903 8 So. 2nd Ave. Rm 304 Yakima, WA 98902 Les Omelas Clean Air Authority Environmental Protection Agency Yakima Co. Commissioners 2 nd St.. Room 1016 1200 6th Ave, MS 623 Room 416 Courthouse a, WA 98901 Seattle, WA 98101 Yakima, WA 98901 Mr. John Daly Dept. of Agriculture 406 Gen. Adm Bldg. FAA Yakima Co Health Dist Mail Stop AX-41 2200 W Washington Art McKuen Olympia. WA 98504 Yakima, WA 98903 104 North 1st St Yakima, WA 98901 Debbie Smith Dept of Ecology Interagency Committee Mr. Richard Anderwald 15 W. Yakima Ave. St. 200 Outdoor Recreation Yakima Co Planning Yakima, WA 98902 P.O. Box 40917 128 N 2nd St. Olympia, WA 98504 -0917 Yakima, WA 98901 Department of Ecb ogy. Environ Review Section Nob Hill Water Co Mr. Vern Redifer PO Box 47703 6111 Tieton Dr _ Yakima Co Pub. Works Olympia, WA 98504 -7703 Yakima, WA 98908 128 N 2nd St . Yakima, WA 98901 Dept of Emergency Services 4220 E Martin Way Pacific Power Yakima Greenway Foundation Olympia, WA 98504 Ricky L. Walker 111 So. 18 St. 1101 N. 16th Ave. Yakima, WA 98901 Yakima, WA 98902 e d Clusinc llor pt. of Fish & Wildlife 1701 So. 24" Ave. Planning & Corn Affairs Agency Mr. Caroll Palmer Yakima, WA 98902 9th & Columbia Bldg. Yakama Indian Nation MS GH -551 PO Box 151 Olympia, WA 98504 Toppenish, WA 98Q# C. INDEX 3 4 Mr. Hiram Olney YMATS Planner Yakama Indian Nation YVCOG P.O. Box 151 • 6 S 2nd St. Suite 605 Toppenish, WA 98948 Yakima, WA 98901 Mr. Bill Beckley Mr. Doug Mayo Yakama Indian Nation Wastewater Treatment Plant Environmental Protection Prog. P.O. Box 151 Toppenish, WA 98948 Federal Aviation Administration Bureau of Indian Affairs Cayla Morgan, Airport Planner PO Box 632 Seattle Airports District Office Toppenish, WA 98948 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Mr. Marty Miller Mr. Wolferd Yallup, Chrm Office of Farmworker Housing Yakama Tribal Council 1400 Summitview #203 PO Box 151 Yakima, WA 98902 Toppenish, WA 98948 Watershed Information Center Bureau of Reclamation Brenda McMurray PO Box 1749 402 E. Yakima Ave. Suite 534 Yakima, WA 98907 Yakima, WA 98901 Martin Humphries Soil Conservation Dist Yakima Valley Museum Attn: Ray Wondercheck 2105 Tieton Dr. 1606 Perry St Suite F Yakima, WA 98902 Yakima. WA 98902 Perry Harvester ALWAYS SEND TO Dept. of Fisheries APPLICANT 1701 So. 24" Ave. Yakima, Wa 98902 Mr. Scott Nicolai Yakama Indian Nation- Fisheries P.O. Box 151 Toppenish, WA 98948 Yakima School District Attn: Ben Soria 104 N. 4th Avenue Yakima, WA 98902 WV School District Attn: Peter Ansignh 8902 Zier Road Yakima, WA 98908 DOC. INDEX #33 ..., • AFFIDAVIT OF MAILING SEPA NOTICE STATE OF WASHINGTON CITY OF YAKIMA Re: ti4ZD EC it 2-a/ b /Qyd '• &the 3so4 ki;/e -- gi . • I, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Proposal and Request for Comments. A true and correct copy of which is enclosed herewith: that said notice was mailed to public and private agencies and adjoining property owners which are individually listed on the mailing lists retained by the Planning Division, and that said notices were mailed by me on the 0 day of herb • ,2001. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. a i - i d=in, iffil4.4*----- Christine Wilson III DOC. INDEX #342- co 1 DEPARTMEN 1 _ i% COMMUNITY AND ECONOMIC DE, . _LOPMENT t i s Planning Division 7 . 129 North Second Street Yakima, Washington 98901 • Phone (509) 575 -6183 • Fax (509) 575 -6105 _____ NOTICE OF APPLICATION AND HEARING DATE: February 8, 2001 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of Master Application concerning property located at 3506 River Road. UAZO RZ #1 -01, UAZO CL (3) #3 -01, UAZO EC #2 -01. NOTICE OF APPLICATION • The City of Yakima Department of Community & Economic Development has received three related land use applications from Dr. Lloyd Butler. The first application requests the rezone of approximately six acres of property from R -2, Two - Family Residential to R -3, Multi- Family Residential. The second application requests Class (3) land use review for the construction of professional offices within the R -3 zoning district, and the final application requests Environmental Review. a state requirement for any property being considered for rezoning. Proposed are an assisted care facility, a 32 -unit apartment building, and three single - story office buildings. Currently this property is in the process of being short platted into five lots. The short plat has already received preliminary approval, but is not yet recorded. NOTICE OF ENVIRONMENTAL REVIEW This is to notify all public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project: The City of Yakima is presently inclined towards the issuance of a Determination of Non Significance (DNS) on this project. REQUEST FOR WRITTEN COMMENTS • Your views on the proposal are welcome. All written comments received by February Yaka 28, 2001 will be considered prior to issuing the final determination on this application. i im Please mail your comments on this project to: 11111, D r O � C.. INDEX 1994 ■(10 Doug Maples, Manager Building Codes and Planning Div1,ions City of Yakima, Department of Community & Economic Development • 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference the file number or applicants name in your correspondence. NOTICE OF PUBLIC HEARING This rezone request requires that the hearing examiner hold a public hearing. This public hearing has been scheduled for Thursday, March 8, 2001, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Bruce Benson, Associate Planner at (509) 575- 6042.or e-mail at bbenson @ci.yakima.wa.us. Other Permits Required: City building permits Encl.: Narrative, Environmental Checklist, Site Plan, Vicinity Map • • DOS. INDEX 3S WASHINGTON STATE ENVIRONMENTAL POLICY ACT • DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON February 28, 2001 PROJECT DESCRIPTION: This review concerns the environmental analysis for the rezone of approximately six acres of property from R -2, Two - Family Residential to R -3, Multi - Family Residential and the construction of professional offices within the R -3 zoning district. Proposed are an assisted care facility, a 32 -unit apartment building, and three single -story office buildings. PROPONENT: Dr. Lloyd Butler LOCATION: 3506 River Road, Yakima, WA 98902. LEAD AGENCY: City of Yakima, UAZO EC #2 -01 DETERMINATION: The lead agency for this proposal, after reviewing the Environmental Checklist and related information, has determined that the project does not have a probable significant adverse impact on the environment and an environmental impact statement (EIS) will not be required as provided under RCW 43.21C.030(2c). 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. [ ] There is no comment period for this DNS. [ X ] This DNS is issued under WAC 197 -11 -355, Optional DNS process. There will be no additional comment period for this DNS. You may appeal this determination pursuant to YMC §6.88.170 to the Yakima City Council, 129 North 2nd Street, Yakima WA 98901 in writing no later than five working days after the end of the comment period. Be prepared to make factual objections. Contact Bruce Benson, Associate Planner (509) 575 -6042 for more information. RESPONSIBLE OFFICIAL: William R. Cook POSITION/TITLE: SEPA Responsible Official TELEPHONE: 509 / 575 -6183 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: February 28, 291\ SIGNATURE: - Filed • Hearing Examiner er EXH # 5 Date .21.251/4/ DOC. File# /Zz 7-0 / INDEX # 3 7 � �"�;� REQUIRED ATTACHMENT: RECEIVED 14- • ENVIRONMENTAL CHECKLIST JA 2 - • s1 00 te STATE ENVIRONMENTAL POLICY ACT (SEPA) CITY OF YAKIMa � ` • (AS TAKEN FROM RCW 197 -11 -960) •,•. •• .....••. b �= PLANNING DIV CHAPTER 6.88. YAKIMA MUNICIPAL CODE (YMC) p , b : 'a iY: i3 i �' r3r r- Cbw : _3.:: ^ ,fi= .a�•�" _ ,�.{ w', - "'>�;v' v _ -. - -. s. r. - .. m .. ...- :} _7 - -. _ � ^_gae!i T•. '. �?.. ` '11{'3= .. J��•_•,• t .,`��L.,' .�..�+.°�i- JalCr. �. �`'1�����Ne�'• =.�.t The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal. if it can be done) and to help the agency decide whether an EIS is required. ' t Agq.N k �9 1 �L 4 ^G1M 5141W. I7`A -- ` "'^JntzruGhcr— ..inc.. . - `i.,« • ��:i^ -�. � ~'K'T "' X: �� "-° ,x:t. ��'� '��� _ t - �7!* Iby "4:, 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 descrip- tion 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 proiect 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. ome questions ask about governmental regulations. such as zoning, shoreline, and landmark designations. An hese questions if you can. If you have problems, the governmental agencies can assist you. he 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 environmen- tal effects. The agency to which you submit this checklist may ask you to explain Your answers or provide additional information reasonably related to determining if there may be significant adverse impact. .. ... ... - � - ... _:..� ...._ t.... '.�.... x � _ a��...?z!. ._t_'a�'�.}r -� fs:.nC ri:= , ..:� ":. :>.as: := �'t:rM:w� ,•_.. , •�{i Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN AD- DITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject 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. - G apliWi °�. A4- �.. Z r .ra..�.,w.c >.»r._.- fi41 .. �= ���:3C:ta?.?n •^ Y,�..^t a 1. NAME OF PROPOSED PROJECT (if applicable) 2. APPLICANT'S NAME & PHONE # J., LO'Y 'I\ - to- , lb _ (SOq) 3.4 i {,G " 3. APPLICANT'S ADDRESS 12‘ At y IMA C 1AIA • 'O 1 4. CONTACT PERSON & PHONE # S A MC` LC 121-12' C it "CY REOUESTLNG CHECKLIST C3j ! � I 6. DAI•l: THE CHECKLIST WAS PREPARED 1 — DOC. 7. PROPOSED TLMNG OR SCHEDULE (Including phasing, if applicable) INDEX 1 i • - Q E 111 N2.0.4.52i.,n 3 Revised 10-984-- -sk. L I V u(r 3 4. u NCTS , „O C-0 MC page 1 of 10 I - BACKGROUND QUESTIONS (Attach if Lengthy) isr Or' 1. Do you have any plans for future additions, expansion, or further acti 'ty lator connected with this propos i If yes, explain. 1 t: r 6-c-� (SOU TN) j 9- L 70 wt - 3 ��e t' . - o� . ()JD 2 N Q S,., E i J i S Egk tg U VW(r (34 uv rr) L b 4. 2. List any environmental information you know about that has been pre ed, or will e prepared. directly relied to this proposal. (0,,,t 1 ,ti`�2 C- �' e K ,vim £4't-\ E s 19g) ° I e ' 1 ? - ; 1g 131s- I L L ) c 9 - A - i - * , j.,_....v.,1;-(--1-1,0--"-"'" IF-AA- i...L,L-c-,-) r-&-c--2-"4. i . rc, :-.) E?P'c . 1V-ti-e-N9c - k4-a- i t .i- C- 51/4 k frem- ---tk" , CTL-4 2 .- 1 -‘ 4 -' -- - - -c- ek I'"" L 'I ('`,�` -f , �pyC{ U „ '_ _` `, 3. Do you kn ether applications are pending ding for governmental approvals of other 'proposals directly affecting the property covered by your proposal? If yes, explain. JCi-)4, ( , ; ,?_„„A- - - 4 - 4 . List any government approvals or permits that will be needed for your proposal. if known. c �- C;�� t E..,-,--, - Y. e a 1 ma c._ , �4- �- 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 informa- tion on project description.) oN: Gam- 4 . 1" " 70 L4 '_ 34. CAP 11 \ v_T o i-e T s 1 a -k-3 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 tp, duplicate maps or detailed plans submitted with any permit applications related to this chec i st. - , %a%t- Lt - Y.I)J-Q- -- ) ‘&t9-6?-cL ) .52--so ctecie- C-i-. co-Se . 0 f - IS, t3 1 c- I 1"/- Cs,76 o DO',. INDEX #3 page 2 of 10 t.;>��i o1 ��jY }4�'� :��� 5•._ �::.{ 7,_: . ..V4' . i s v i <!�..= :7; .��. 5 ae - et?1 i I i � .. 3 n:4-1;4: '- ... f r�- ��a�t. • N, Space Reserved for Agency 1.E Comments a. General description of the site (\/ one): Flat ❑ rolling ❑ hilly ❑ steep slopes ❑ mountainous ❑ other b. What is the steepest slope on the site (approximate percent slope)? — a- ° >o c. What general types of soils are found on the site (for example, clay, sand. Gravel, peat, muck)? If you know the classification of agricultural soils. s ecify them and note any prime farmland_ . •• • .�5..�.S.,.,�• - ►n 1 - � fk _ �- � C2!-$- -a / q".° - v--& 4 AL( d. Are there surface indications or history of unstable soils in the immediate vicinity ? If so. describe. NC e. Describe the purpose. type, and approximate quantities of any filling or grading ^ proposed. Indicate source of fill. \12 9!\-r 4 . ,• tk ,..e , •• , ' �...L ' + �1"� 0 `C /F-c 0 ou �42a- i ld erosion occur as a result bf clearing., construction, or use'? If so, generally describe. • g. About what percent of the site will be covered ith impervious surfaces after project construction (for example, asphalt or buildings). `E � c - Z P--t �' '� y - : 70-rat '-4 c " 1;f p _ off h. Proposed measures to reduce or control erosion, o� d- other impacts to the earth, if _ any: (97 --'s � -P (lt ,-c- -r^ •G: Q ,.�� .: - A-4 e--1- . �:_ - ` �5-1 - - &- i- Y,-1i�- S r -AA-A- `' ` ?-~ ' - ` -u �� 2. Ai a. What types of emissions to the air would result from the proposal (i.e., dust, autombile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate uanttiit if.kn •own. �, - -,€- ' (e- A A-".. C,, , q'l.a 6{ <_e -rtzt, b. Are there an y off -site sources of emissions or odor that may affect your proposal? ilk crenerally describe. A/ 0 DC) . c. Proposed measures to reduce or control emissions or other impacts to air, if any: INDEX U p- - lz C_&- CEO - _ — ' C., - w �.� �- -.; page 3 of 10f Space Reserved for Agency 3 Water • Comments a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (in cluding year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate. state what stream or river it flows into. in li - /►' ^c- ZY \ .(-°- V /v\-4)--13-\ 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. 4) Will the proposal require surface water withdrawals or diversions? Give gen eral description, purpose, and approximate quantities if known. (` 1, 5) Does the proposal lie within a 100 -year floodplain? If so. note location on the site plan. • 1\. 0 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. b. Ground: I) Will ground water be withdrawn. or will water be discharged to ground water? ive gene,Fal descrpt purpo , and ap roximate qu t if known. 2) I7escnge <v� teal that will e sc arge o the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, contain ing the following chemicals . . .; agricultural; etc.). Describe the general size of thesystem, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. c. Water Runoff (including storm water): 1) Describe the source of runoff ( including storm water) and method of collection • .. and disposal, if any (include quantities, if known). Where will this water flow? DOC. Will this water low into other waters? If so „describe IN DEX page 4 of 10f r 2) Could waste materials enter gs d or surface waters? If so, generally dL Space Reserved for Agency I scribe. , Comments measures to reduce or control surface, ound. and runoff water im Se. . 144 Fej,ects . S pacts, if any: f 6- �... ) t ' ,0 -v M) a,rn -►.{ ,, -a- �� , J C Q` 4. Plants @-a- (\i„;;Art9S, ' a. Check (%/) types of vegetation found on the site: Al- deciduous tree: ❑alder ❑ maple ❑ aspen other f 4 r" 2 evergreen tree: ❑ fir ❑ cedar is pine ❑ other - ,- e shrubs grass / ❑ pasture crop or grain wet soil plants: ❑ cattail ❑buttercup ❑ bullrush ❑ skunk cabbage ❑ other /Y`t. 1S.-- ❑ water plants: ❑ water lily ❑ eelgrass ❑ milfoil ❑ other ! ❑ other types of vegetation /r`-— b. What kind and am unt of vegetation will be removed or alter. UL_ -- ,— . -4- ) a- �� . c,, Af • �s .tip i threatened or endangered species known t e oh or near' e sit 1 c iJOJE oposed landscaping, use of native plants, or other measures to preserve or en hance vegetation on the site, if any: tiR C �Q � ,o- 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: �awk ❑ heron eagle songbirds ❑ other �t- 2) mammals: ❑ deer ❑ bear ❑ elk ❑ beaver ❑ other 3) fish: ❑ bass ❑ salmon ❑ trout ❑ herring ❑ shellfish ❑ other b. List any threatened or endangered species known to be on or near the site. e di e site part of a migration route? If so, explain. Z 7--1_,A-- -s ` t �-e-e.t ,L; �.k-C.■ r -t--+I DOC. -4;7j- _ INDEX d. Proposed measures to preserve or enhance wildlife, if any: ., 2 � ~' - � / p a ge-.of 10 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 ether it will be fgr heating, manufacturing, etc. G V Hsu. — ° ,.,,,V/ b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. t' U c. What kinds of energy conservation features are included in the plans of this pro posal? List oxher,proposed measures to reduce or contr nerg_v impacts, if any: G 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemi cals. risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. /V V 1) Describe special emergency services that might be required. 2) Proposed measures to reduce or control environmental health hazards, if any: t‘,■/ b. Noise 1) What types of noise exist in the area which may affect your project (for ex • ample: traffic, eggiprnpnt, operation other)? (7) \11- w-.a.0 e - v \. \ , 2) What types and levels of noise would be created by or associated with the project on a short -term or a lone -term basis (for example: traffic, construction. { operation, other)? Indicate what hours noise would come from the site. / 11\- t -<- ` 2 JZ • 3) Proposed measures to redu e or control noise impacts if any: 8. Land and Shoreline Use a. What,. s the use of the site and adjacent properties? _ el-d c-a C - b. Has the site been used for agriculture? If so, de cribe. c. D scribe any struc s on the site. d. Will any struc e be demolished? If so, w�h l4 ACC DO What is the current zoning classification of the site? INDEX page 6 of 10 Space Reserved for Agency \ f. What is the current comprehensive p....i designation of the site? Comments plicable what is the current eline master program designation of the site? h. as any p of the site been classified as an "environmentally sensitive" area? If so specify. ND i. App oxunate v how many people wo ld reside or work in the completed project? j. Approximately how many people would the completed project displace? iVDIV k. Proposed ;ne ures to avoid or reduce displacement impacts, if any: 1 . Proposed easures to ensure the proposal is compatible with existing and pro jected land uses and plans, if, any: z 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income hous ng. 1, 7 0 LA a.-44:-..1-We I.V(.4..'" i■-4 ,l/nferkiZ_ 34 QV ITS SELvtoR L1ul126r b. Approximatel how many units, if any, would be eliminated? Indicate whether middle, or low- income housing. P . i 1 c. Proposed measures to reduce or co trol ho ing impacts, if any: I0. Aesthetics Q /-‘241,5)..e-.4.x. -�'` ' / - �� `-(-Q U a _ - y /124-vrtQ a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building,material(s) proposed? , ' Eir,- vi=i. - , — 1 , t. - — b. What views in the immediate vicinity would be altered or obstructed? c. Proposed me ires .to red ce or control aesthetic impacts, if any: 11. Light and Glare 1 D -O"' --''4 9-64S-0-1 °� a. What type of ight or glare will the roposal produce? What time of day would it mainly occur? 9-�. -r9 i -� - b. Could light or g from hed project be a safety hazard or interfere with views? ��� /r1, existing off -site sources of light or glare m affect y ur proposal? d. Proposed measures to reduce or control light and glare impacts, if any: DOO. V ens --Ci9 -�- ) .�"' g't" IN DEX I' as page 7 of 10�� 12. Recreation Space Reserved for Agency Comments a. What designated and Wormal recreational opportunities are in the immediate vi- ci ty? ) Y > ) t.A4s i6-t.V ?a' - , b. Would the pro sed proje t displace any existing recreational uses? If so. describe. _ c. Proposed measures to reduce or control impacts on recreation. including recre- ation opportunities to be provided by the project or ap 'cant, if any: 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. b. Generally describe any landmarks or evidence of historic. archaeological. scien tific, or cultural importantknown to be on or next to the site. c. Proposed measures to reduce or control impacts, if any: t 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access IIII to the existing street system. Show orb site lans, if any. -�- VE C:,',,�� K � PP T 3S �t xx�a u^� UtV RAE b) b. Is site currently serviced by public transit? If not, what is the approximate dis tance to the nearest transit stop? V c. How many parking spaces would the completed project have? How many would the project e e ^ . g C cR�t-`2� - �e ,� ■ A • tk jV 141 -/ . Q"1I1� d. Will • - proposal req ire any new roads or streets, or improvements to existing ' roads or streets, not including driveways? If so, generally describe (indicate whether public or private). a , �-- ,tip ,°-,, i l -) c ala,•I :1 d & -k c e. Will the ptbject us (or occur in the i ediate vicinity of) water, rail, or air trans portation? If so, generally describe. `- f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volu would occur. III ;to _, E °i--- i \V -4 j INDEX g. Proposed measures to reduce or control transportation impacts, if any: # 41 n °y ^ �— /��'� / � t�-u. -� �rZ � - page 8 of l OJ c , 15: Public Services Space Reserved for Agency 1 Comments Oul the project result in an increased need for public services (for example: fire ti police otection, health care, sc ol$, Cher)? If so, generally describe: \f149' 11) " -X(-t-I b. Describe the utilities that 're proposed for the project, the utility providing the service, and the general construction ctivities o e site or in the immediate vicinity which might be needed. C1/4.1_1 °\-- 16. Utilities a. Circle utilities Cu, ently_ available at the site: Mb natural gas %water. J refuse service teleshoo _ , ..itary sewer septic system other. ' ' 1 C / TAsi2 — efi Ce-",..4 . 6.•.-0- - Tt /'^o -wlt t t 0 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. Cam ,,o_,_,,,ti__ 9--,9-2.CD-s-V_ c_,Q.31. , Ce t, - --2;.J - 3 " 'Q.3 : ....,.._ - "Vtg e ""..' tRli�i! ;.!, xi .'. '.. ' ""`?!t -;. ' y : r.24' ' iA:4-1 -. _ jr`rw.,, F:... : 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. L Signature T L� Date Submitted: , ��,�`,�, rW 9 mC`9 'a3'�'� -"� fQ„1e 3 �,�' � y `����, lE`� ? ,i,_G`J2,�� r�: ��a��4 � , e 0 � �t� � � � _ +3 x .01 _ 1 1 - i i�! 1 f. t . c7 7 L r i ^ . il i E.r L N � t ,.. '�. � e '': 'E 474:t t x riii t � ' 'r' ' 4 ... : c.. �S!.�+tr— M.r ���L � Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. tr ,; a 4 x - r2 ' r 'C� "S' y y ,u J-, � 1 .x. - . : t ' ,f rte• J.: ' r ' t4 x 4 T L .r( `3:. .c4 ,;.xe`• a. ':. °' -`�r •j � .. - { ••.•_.� ���. rl - 7 i ? r'."`. f '. "�'� �d.�syS,. :7.. - � fie4•'a; r _ �1.`v,+i -� +�. �� a..� - _ . . Space Reserved for Agency 1. How would the proposal be likely to increase discharge to water; emissions to air; Comments pro • n, storage, or release of toxic or hazardous substances; or production of noise? L V v V , At mfr ,''i-` l `'`9<-Q-2 (21.e - '^ DO C.. IP'lDEX page 9 of l0/ Space Reserved for Agency Comments Proposed measures to avoid or reduce such increases are: ( 2. How would the pro osal life? be ikely to affect plants, animalk fish, or marine life Proposed meas es to protect or conserve plants. animals. fish. or marine life are: W 74 AA .n--C- 01, 4"--C- — 3. How would the proposal be likely to deplete energy or natural resources? /u....o _,44. etc22 ACI-4 t , Proposed measures to protect or conserve energy an' natural resources are: oyr.L - . • - 1 - 1 4. How would the proposal be likely to use or affect enviro mentally 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? ,ti-4-1-2 ' Y Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or courage land or shoreline uses incompatible with existing plans? /-''' 4 Proposed meal res to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utiliti A -sue y ,�.-L ' Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. III 7,61:2-,t-01 1-;3-e) DG;, page 10 of 10 22 � • bi nee STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 15 West Yakima Avenue, Suite 200 • Yakima, Washington 98902 -3452 • (509) 575 -2490 February 27, 2001 REcEivEr FEB 2 8 2001 Doug Maples City of Yakima A ".7nM!.. 129 N. Second St. Yakima, WA 98901 Dear Mr. Maples: Thank you for the opportunity to comment on the notice of application for the rezone of six acres from R -2 to R -3, proposed by Dr. Lloyd Butler [EC 2 -011 We have reviewed the application and have the following. comments. • Toxics Clean -Up Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. We recommend that the soils be sampled and analyzed for lead and arsenic and for organochlorine pesticides. If these contaminants are found at concentrations above the MTCA cleanup levels we recommend that potential buyers be notified of their occurrence. If you have any questions concerning the Toxics Clean -Up comment, please contact Don Abbott at (509) 454 -7838. Sincerely, - i Debbie Smit - Taylor Environmental Review Coordinator Central Region Office DST 01 -0937 • Filed Hearing Examiner EXH # ' Date eZ r File # (--8 11111 NDE BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of March 20, 2001 ITEM TITLE: Butler Rezone — Closed Record Public Hearing Set Date SUBMITTED BY: William R. Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner, 575 -6042 SUMMARY EXPLANATION: Set April 3, 2001, as the date of a closed record public hearing for Council consideration of the Butler rezone, located at 3506 River Road. Resolution Ordinance Other Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Set date of Public Hearing for April 3, 2001. BOARD RECOMMENDATION: COUNCIL ACTION: ' ' Y -'1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT `� �, ∎',, Planning Division 129 North Second Street ,� �I� 0 Yakima, Washington 98901 Ill ''. „ ' P Phone (509) 575 -6183 • Fax (509) 575 -6105 NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On March 13, 2001 the Yakima Hearing Examiner rendered his recommendation on a Master Application submitted by Dr. Lloyd H. Butler on behalf of Habut L.L.C. The application combines a project specific rezone from R -2. (Two - Family Residential) to R -3, (Multi - Family Residential). and a Class (3) application to permit professional offices to locate within the R -3 zoning district. The subject property is located at 3506 River Road Yakima. Washington. The application was reviewed at a public hearing held by the Hearing Examiner on March 8, 2001. 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 meeting to be scheduled. The City Clerk will notify you of the date, time and place of the public meeting. For further information or assistance you may contact Bruce Benson, Associate Planner, City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street), 575 -6042. Doug Maples Planning and Code Administration Manager Date of mailing: 3/16/01 III Yakima V II an 'f 1994 • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Q Re: 0/�Q •v�Ll. / /G t/71 I, Christine Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of the Hearing Examiners recommendation to the Yakima City Council. A true and correct copy of which is enclosed herewith; that said notice was addressed to all parties of record which are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the day of , 2001. • That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Christine M. Wilson • HEARING SIGN -IN SHEET (10 CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: March 8. 2001 CASE #: APPLICANT: SITE ADDRESS: UAZO RZ #1 -01 & UAZO CL(3) #3 -01 LLOYD BUTLER. 3506 River Road NAME: ADDRESS: ZIP: PLEASE PRINT PLEASE PRINT • ( n ��' 111 1 / c `i !v `Y • Y.% _ DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT � + ' w Planning Division 129 North Second Street Yakima(509) , Was 575 hing 3 989•01 P Fax (509) 575 -6105 Phone CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday, March 8, 2001 Yakima City Hall 9:00 am Council Chambers I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING A. LLOYD H. BUTLER, D.O. Planner Assigned: Bruce Benson File Number: UAZO RZ #1 -01. UAZO CL(3) #3 -01 & UAZO EC #2 -01 Location: 3506 River Road Request: Rezone from R -2 to R -3, place professional offices within the R -3 zoning district and environmental review 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. • Yam DOC. 'Furl INDEX 1994 #38 • • • •x* U • �. N tll ' n� • � Ct : :i. , 1 1 , t eu OU - .. = 1 1 �.' � ' '� ► ea 1+ �ii f. � 1:1 , ; •_ .. 'x•1(.11 r I 1 :4) illii ; I• :•••---‘ .,',1::.- ss I r�r . ),.., .• .3 id I ,•• I: i . . I , 6,( ,..i i . , :,.,t 0 ...- .1 . ':. : . 1,14 ! . i jr.4;.!, .;',1,.: 'till : c) • 11 ,,!....:: — - ' . :. . r j . . : 1 i i:,: , , i : ; ': : , :) , ' . 1 ' ,i l!fir :: 4 1. 1 i 4 " 1- 1 :1 : ' :: , * .,'::....:•,..' .. ‘. !: ; : • , : . . 1-.1 . i i. ' ' .,...,... .. 7,..,11::::1'1114:1.5.11,./11 rtis i'Td I `' 1 . 1r '`! I', '-.:to C. (J! Y' i� �'r j fV �l� i „., II I + �, •, t , • i -. •' �t.� •4 ^ ^y► { : ,•. r ._ ._ _..... - 1 .,. .,. , . . . k Pi, •irt .. . 1 1 , 11111 i III I , . �i t.' ' , s ,t. 0 , ';l` 1 ti III I - c ....I ''' _ •' , ili •,7'.n, ..;,k. t t!t$./ r1, Q ti I 11 ' + •,,, ti,, S,.�I i .,,.' ±•�•��, .f r > ' , 1 4 . ",• 4 li v , .• . I . ,,,i i .10 vb.) - .�'- �'�I, 7 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Division -1 - .. ' ) .=.• I 129 North Second Street f Yakima, Washington 98901 . , Phone (509) 575 -6183 • Fax (509) 575 -6105 Don Skone, Manager POSTING OF PROPERTY CERTIFICATION I understand that the Section 16.05.010 of the Yakima Municipal Code and the Urban Area Zoning Ordinance require me to post the property at least 20 days prior to the public hearing. I certify that on 2 - / +" 0 ( the Notice of Public Hearing on sign(s) provided by the City of Yakima Department of Community and Economic Development was • roP e rty osted on the located at 3 Sd566 R 111 'er ed. so as to be clearly P property seen from each right -of -way providing primary vehicular access to the property. 75* ill) — ) 4- 0 1 Signature Date (Please return to the City of Yakima Department of Community and Economic Development before your public hearing to confirm the posting requirements of the ordinance above have been met.) • Filed Hearing Examiner Yakima EXH #.a_ Date -2 //e/ /6 ( File # go $(' /- O I NDEX I I I I P I 161 1994 7 • LEGAL NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given by the undersigned that a public hearing will be held by the Yakima City Hearing Examiner to consider a rezone application submitted by Dr. Lloyd Butler. The applicant is proposing to rezone approximately six acres of property located at 3506 River Road from R -2, (Two - Family Residential) to R -3, (Multi - Family Residential). The second application requests Class (3) land use review for the construction of professional offices within the R -3 zoning district. The final application requests Environmental review, a state requirement for any property being considered for rezoning. Proposed uses are an assisted care facility, a 32- unit apartment building, and three single story office buildings. The public hearing has been set for Thursday, March 8, 2001 beginning • at 9:00 a.m., or soon thereafter, in the Council Chambers of Yakima City Hall, 129 North Second Street, Yakima, Washington. PARCEL # 181315 - 14412 Further information regarding this application may be obtained by contacting Bruce Benson, Associate Planner, 129 North 2nd Street, Yakima, Washington 98901, or by calling 575 -61042 Doug Maples Planning and Code Administration Manager Please publish once only on: Friday, February 16, 2001 Please mail affidavit of publication to: • Account # 11002 City of Yakima Planning Division 129 N 2nd Street Yakima, WA 98901 DOC. 4115( 0 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: 14./1-7,D 4.4t / I' •,47,61 0 / L/6 yd 6/ dwi -lee 35 k wear gete • I, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing by the City Hearing Examiner, a true and correct copy of which is enclosed herewith; that said notice was addressed to 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 $' day of Fehruai ,2001. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Christine M. Wilson III DOC. INDEX • .5 0' rae 1 I it_s , !:•-•:. _-, • - • .. p .,-,.',: E - . I . . i f , * OR I 1 .----. I I ,. ) 1 _ [ 7 r : '.I. ' :' I :! ''- : • ■. T '' .' ! i r " 1 , - 01 r li C.: -:- : I f - C;ill li :• :, ::: - ajri r T ::-... .: r .,..... YAK IMA . 14 a a h in -; t on ?0$07 MICHAEL i - YAP: I ri A . I 4 ,F, ',..: h i. n g ton - -;i3VOG-2833 !..11.L.L.I AM ! ! , - . -- -t1 i.I 17.,'-. c' - AK INA , Wa a hi 7 q t: on 90902-7302 .. t.7131. - 11. 011 WILLIAM 1 I ., ::',I :A ' Y A V. IMA , 1 :7 .3 il i n q 1 ,- 11 - 1 90902-7302 L '-.31 "-, 1 C 3111111, -.. .;,P AND 1 .; I E.'01 1.1.a 5 h 1 n g t on 98 -: - 1 I ' '.- CARL W ...I':: At,1111!:: ...4 '- .!:' ... -H!: 'Y r - V. IMA : t \I i` i', h i 11 g t c n 90'1'02 -- - I T2'jt2.1 1 ," FERN ,:41-.T.:' ' K I MA , Ni .5 h i r il tl', n 939035108 . , 7 1 ..7. i ..- ... i • ...11:171,-.1 WILLIAM fl '.:''+.1 CLi.:I% . 'Y AK I Me-1 , 14a ‘..i h i n .4 t on 90;02-7302 .............. - 11 S P 1m !F 1:-T 1 [E rs.: SUNNySIDE, Washington 9B'44 --0B95 .r ...; FERI : If-■ V, IMA : 14a a h i r g t7 , 3n 90'7'03 1 . • -1 :::' 047 EC] 'I D L (H i 1_ i ' ". AK II1A . 14.a ; h in g t an 90902-1209 PUT LER : ' • , ! ' E . Y F R i j i - . ...:i7 • • i . . . ' ' ' : 7 L ''.: t' r=. K I MA , 1J a 5 h i n.i t on 91.3902-1209 E6117-1'2C Fl. A Z A II 1 ..: r.: .,'A KIMA : t J.: 9h i n g t an 913902 1. ' - - - c Y AV 1 :.:', 1 1 • 'Y AK IMA , Washing ton 90901 ' !J" YAK I MA t., ! r • '''r" R I HA , kV:. h in g ton 90901 12. ',AK I MA :._. 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RANK E - - - 1 .11.RE -. J . 7 !‘-7, y AK IMA , W a 7: h i n g t on '7'0'i 02 : ‘71 ' ' : - 1. L T • ' . F.ONALD - , . ! - I , . . 7 : . - I N YIK IMA , 1:1; 5 1 i n g 1 93902-2050 1 I'l I. C Ht4E1 : LE: S LI NNY S I. DE , i.J 5 N i n g t On 98') zi 4 1 - . 3 1 : :- 1. 4414: HAROLD ' !....3 [ HI: -T. E7 1 12 'YAKIMA: W 3 51) in g ton 93902 131!:-14146 4ILL IAN --,I i1-_111 (.1 YAKIMA, tJa ing Lan 90502-1073 :.512 11 (11A F ,P2P1J'TITIN YAK IMA , W a 5!-, in Ion 90902-1073 le.12ff7 FL I Z ABE - 11 4 .", '-.(2,H1J(-' IT .....r. YAKIMA , Ii a s h in a t on 90':' 02 14151 L I C E CE C- I : I ' ,^. 'T AK Ill A , t.J.? h i n T ',on '`.7,-7 02 LI:71 3 1 ' ,-- 1 4 JUL , IANN -- I! I : .. F I !Y YAKIMA, Wa;hinoton 90901 x • III • 4111 . .:.)::' " t 1 :! 4 ::; f :: LW: LIP ti A r I 1J ■ i L I 1 • Owner ...,, Own •:.r =4 ,:t ..1 r e .; - CA:MP GE .... 7.7 Li :‘: L.'.)! ',..AKIMA: N.: h i n g Lon TO902 !. - .:: I :F. i • - 1.4. !!.,; 4 ADcp..r11 ,.:.,-, L.L.!..: F'f_l _:.. I' ',. AP:, ImA , 1,1, .. 11 i lig ton 70902 1 s.:'!•1.3 : ' -1 4. ! 5 !--. LAPR Y I. , F L.: JF E:! i: r: LT -110 :.:■:" SG! , YAKIMA , ki il sh ing t on 90902-1073 :- 14-1 - DAVID u .'. FArrECA :- jc.:!!!! sl AK Itv, , kl a i; h ing ton 98902-1073 I i.: 1 z! :...: 7 (;1 TER I.. e !.• APP. E'!.i l i' 'Yi' .. ti,..) , 5 h in ci t on 90902 - 1073 t ■:.:-13 L ' - -CHESTRL. c.A!-..P.. D,V !.,..!. ',IKIMA, kvaihington 90902-1073 1H-1=1..!--,i FUDY g.7.HL!'.r '!Ac:3' P,!.:, ',.. r:: KIMA t‘J 1 Ihiroton 909021200 of Par • . . ., . • 4* — Z CD r V i 0 1,,s... 0 -- '1 DEPARTMEN7 . _% COMMUNITY AND ECONOMIC DE% _OPMENT 7 Planning Division Y 129 North Second Street Yakima, Washington 98901 _ ' Phone (509) 575 -6183 • Fax (509) 575 -6105 • I It.Y�1 \Y NOTICE OF APPLICATION AND HEARING DATE: February 8, 2001 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of Master Application concerning property located at 3506 River Road. UAZO RZ #1 -01, UAZO CL (3) #3 -01, UAZO EC #2 -01. NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received three related land use applications from Dr. Lloyd Butler. The first application requests the rezone of approximately six acres of property from R -2, Two - Family Residential to R -3, Multi - Family Residential. The second application requests Class (3) land use review for the construction of professional offices within the R -3 zoning district, and the final application requests Environmental Review, a state requirement for any property being considered for rezoning. Proposed are an assisted care facility, a 32 -unit apartment building, and three single - story office buildings. Currently this property is in the process of being shortplatted into five lots. The short plat has already received preliminary approval, but is not yet recorded. NOTICE OF ENVIRONMENTAL REVIEW This is to notify all public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project: The City of Yakima is presently inclined towards the issuance of a Determination of Non Significance (DNS) on this project. REQUEST FOR WRITTEN COMMENTS III Your views on the proposal are welcome. All written comments received by February Yaki 28, 2001 will be considered prior to issuing the final determination on this application. d Please mail your comments on this project to: DOG. 1IIII► INDEX 1990 # 41 Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development • 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference the file number or applicants name in your correspondence. NOTICE OF PUBLIC HEARING This rezone request requires that the hearing examiner hold a public hearing. This public hearing has been scheduled for Thursday, March 8, 2001, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street. Yakima, Washington. If you have any question on this proposal, please call Bruce Benson, Associate Planner at (509) 575- 6042.or e-mail at bbenson @ci.yakima.wa.us. Other Permits Required: City building permits Encl.: Narrative, Environmental Checklist, Site Plan, Vicinity Map • DOC. INDEX