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HomeMy WebLinkAbout2001-065 Simpson Rezone / 3111 Tieton Drive Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: City of Yakima Ordinance No. 2001 -65 (Simpson Rezone & Development Agreement regarding 3111 Tieton Drive) Grantor: City of Yakima Grantee: Bruce Simpson & Theresa Campbell- Simpson LEGAL DESCRIPTION:. The West 186.4 feet of the Sou th 208 feet of the West 1 /2 of the Southwest 1 /4 of the Southwest 1 /4 of the Southwest 1 /4 of Section 23, Township 13 North, Range 18 E.W.M.; Except the West 20 feet; And except the South 30 feet; And except a Triangle in the Southwest corner conveyed to the City of Yakima, under Auditor's File Nos. 2001308 and 2001309; And except that portion conveyed to the City of Yakima, under Auditor's File No. 2957528. Situated in Yakima County, State of Washington. Parcel Number: 181324 -33003 II II II II II III III II I I II 7248394 Page 1 of 1211412001 11 : 44R YAKIMR CITY CLERK ORD t32.00 Yakima Co, WR ORDINANCE NO. 2001- 65 AN ORDINANCE concerning land use and zoning, rezoning the parcel (approximately 0.68 acres) addressed 3111 Tieton Drive from Single Family Residential (R -1) to Professional Business (B -1), and amending the Official Yakima Urban Area Zoning Map accordingly. WHEREAS, by application dated April 23, 2001, Bruce Simpson and Theresa Campbell - Simpson, the Owners, requested rezone from Single Family Residential (R -1) to Professional Business (B -1) and amendment of the Official Yakima Urban Area Zoning Map, together with Class (3) approval for a coffee house and Class (2) approval for a part time, appointment only, hair dressing salon with an esthetician or masseuse, all regarding the parcel (approximately 0.68 acres) addressed 3111 Tieton Drive (Yakima County Assessor's Parcel #181324- 33003), referred to as the "Subject Property "; and WHEREAS, on June 14, 2001, the City of Yakima Hearing Examiner conducted a duly convened, open- record public hearing regarding the requested rezone (UAZO RZ #5 -01) and after considering the record issued his Examiner's Recommendation, Examiner No. IU01 -2 -12, dated August 23, 2001; and WHEREAS, the Hearing Examiner recommended that the Subject Property should be rezoned from Single Family Residential (R -1) to Professional Business (B -1) and that the proposed Class (2) and (3) uses should be approved; and WHEREAS, at a closed- record public hearing on October 2 and November 6, 2001, the City Council duly considered the requested rezone and the proposed Class (2) and (3) uses, 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, at a public hearing on November 6, 2001, the City Council duly considered a proposed development agreement, which the Hearing Examiner recommended that the requested rezone be conditioned upon, 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, the proposed development agreement, and the statements of interested persons, the City Council finds with respect to the requested rezone and other approvals, and subject to the conditions provided herein and in the Development Agreement attached to, incorporated in and authorized by this ordinance, including the Owners' stipulation that the requested rezone of the Subject Property and other approvals shall apply only to them, their family and beneficiaries, that 1. The Subject Property is suitable to be classified Professional Business (B -1); 2. There exists a public need for the requested rezone; ORDINANCE: SIMPSON REZONE (3111 TIETON DRIVE) Page 1 II II III III III I II 7248394 Page: 2 of 25 12/14/2001 11 :44A YAKIMA CITY CLERK ORD $32,00 Yakima Co, WA • 3. Circumstances have changed since the existing Single Family Residential (R -1) zoning was established which now make the requested rezone appropriate; and 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in chapter 15.23 of the Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; c. The intent of the Yakima Urban Area Zoning Ordinance; d. Other applicable land use controls; and WHEREAS, it is in the best interests of the City to adopt the Hearing Examiner's findings and conclusions and recommendation to approve the requested rezone and the Development Agreement attached to, incorporated in, and authorized by this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. Hearing Examiner's Recommendation Including Conditions Affirmed: Subject to the specific terms of this ordinance, the Yakima City Council adopts the findings, conclusions and recommendations of the Hearing Examiner's Recommendation, Examiner No. IU01 -2 -12, dated August 23, 2001, and incorporates that Hearing Examiner's Recommendation by reference as part of this Ordinance. Subject to the specific terms of this ordinance, the conditions stated on pages 13 and 14 of the Hearing Examiner's Recommendation shall govern the rezone and other approvals granted by this ordinance. The Development Agreement attached to this ordinance is incorporated in this ordinance, and is authorized by this ordinance. The specific terms of this ordinance, including the terms of the attached Development Agreement, shall prevail to the extent of any conflict between such terms and the terms of the Hearing Examiner's Recommendation. Section 2. Subject Property: Regarding the Subject Property, Yakima County Assessor's Parcel #181324 - 33003, the legal description of which is attached to this ordinance as Exhibit A, which is incorporated by reference in this ordinance, and subject to conditions stated below, or in the Hearing Examiner's Recommendation, or in the attached Development Agreement, the City Council finds formally that, for the uses described by the Applicant: 1. The Subject Property is suitable to be classified Professional Business (B -1); 2. There exists a public need for the requested rezone; 3. Circumstances have changed since the existing Single Family Residential (R -1) zoning was established which now make the requested rezone appropriate; and 4. The requested rezone is consistent with and complies with: a. The requirements and considerations set forth in Chapter 15.23 Yakima Municipal Code; b. The goals and policies of the Yakima Urban Area Comprehensive Plan; ORDINANCE: SIMPSON REZONE (3111 TIETON DRIVE) Page 2 II II II II III I II II 7248394 Page: 3 of 25 12/14/2001 11:44A YAKIMA CITY CLERK ORD $32.00 Yakima Co, WA 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, subject to conditions stated below, or in the Hearing Examiner's Recommendation, or in the attached Development Agreement, to rezone the Subject Property from Single Family Residential (R -1) to Professional Business (B -1). Section 4. Class (2) and Class (3) Approval: Subject to conditions a -e stated on pages 13 -14 of the Hearing Examiner's Recommendation, and further subject to the terms of this ordinance and the attached Development Agreement, the requested Class (2) and Class (3) approvals are granted. Section 5. Limitations on Transfer or Assignment: The rezone and other approvals granted by this ordinance are personal to Bruce Simpson and Theresa Campbell- Simpson, their family and beneficiaries, and shall be of no force or effect except insofar as the Subject Property is occupied and used by Bruce Simpson and Theresa Campbell - Simpson, or their family or beneficiaries, and shall not be otherwise transferable or assignable without a public hearing and amendment by ordinance of the attached Development Agreement. Section 6. The City Manager is authorized and directed to execute the attached Development Agreement with Bruce Simpson and Theresa Campbell- Simpson. Section 7. The City Clerk is authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 8. 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. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 4th day of December, 2001. S/ MARY PLACE Mary Place, Mayor ATTEST: KARA S. IMERTS, CMC City Clerk Certified to be a true and correct copy of the original filed in nip office. Publication Date: 12 - - 2001 Effective Date: / CITY 1- 6-2002 �� C:\ word\ rezones\ 2001 \simpson 3111 tieton \ ord.doc y 1., y,,,�, f a ORDINANCE: SIMPSON REZONE (3111 TIETON DRIVE) 4 s� J � O e II II II II III III III I 7248394 Page: 4 of 25 12/14/2901 11:44A YAKIMA CITY CLERK ORD $32.09 Yakima Co, WA STATE OF WASHINGTON CITY OF YAKIMA OFFICE OF HEARING EXAMINER Master Application by ) EXAMINER'S RECOMMENDATION Bruce & Theresa Campbell- ) Simpson for a rezone of a ) City No. UAZO RZ #5 - single 0.68 acre parcel from ) R -1, Single- Family Residential) Examiner No. IU01 -2 -12 to B -1, Professional Business,) • and Class 3 Review for ) Multiple Uses at_3111 Tieton ) Drive, Yakima, WA ) The Examiner conducted a public hearing on June 14, 2001. The staff report .presented by Senior Planner Dan Valoff recommended approval subject to conditions. Mr. and Mrs. Simpson appeared on behalf of the application, and. were represented by attorney James Carmody. There was significant opposition, and receipt of extensive exhibits. The Examiner inspected the property both prior to and after the hearing. At the close of the hearing, I requested a memorandum from Mr. Carmody concerning legal requirements that rezones be consistent with comprehensive plan designations. That memorandum was received on June 18. On June 28 I requested additional information from Mr. Carmody, as reflected in my letter to him dated June 28, 2001. His response, dated August 3, 2001 covered all issues. Mr. Valoff reviewed the materials at my request, and submitted his memorandum on August 10, 2001. He basically agrees with the proposed development agreement, and suggests that it should also deal with the shared parking agreement with Memorial Hospital. EXAMINER'S RECOMMENDATION - 1 Bruce Simpson and Theresa • Campbell Simpson Examiner No. IU01 -2 -12 II III III MI II 7248394 Page: 5 of 25 1211412001 11:44A YRKIMA CITY CLERK ORD $32.08 Yakima Coo WA SUMMARY OF RECOMMENDATION. The Examiner recommends approval. The following after hearing documents are attached as exhibits to this recommendation, for ease of reference: Exhibit A - June 18, 2001 letter from attorney Carmody re consistency of zoning with comprehensive plan designation. Exhibit B - June 28 letter from Lamb to Carmody requesting additional information and detailing provisions to be included in a revised site plan and development agreement. Exhibit C - August 3 letter, with attachments, from Carmody to Lamb. The attachments are a draft development agreement and revised site plan. Exhibit D - August 10 memo from Valoff to Lamb confirming review of Carmody documents. From the view of the site, the matters contained in the official record, including the staff report, a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, and from evidence received at the hearing, the Examiner makes the following: FINDINGS 1. Applicant. Bruce & Theresa Campbell- Simpson, 216 South 24 Avenue, Yakima, WA 98902. 2. Location. 3111 Tieton Drive, Assessor's parcel number 181324- 33003. 3. Application. Rezone of a single 0.68 -acre parcel from R -1, Single-Family Residential, to B -1, Professional Business. EXAMINER'S RECOMMENDATION - 2 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 I 11111 11 1111 1111 7248394 Page° 6 of 25 YAKIMA CITY CLERK Ca V210 Yakiu Co, 11:401 This Master application also requests review for a "Coffee House ", tutoring service, one -chair hair salon, massage /esthetician, and private receptions. 4. Proposed Zone. B -1, Professional Business. 5. Proposed Use. A multi -use building with coffee house, hair salon, professional office space, and private receptions. 6. Current Zoning and Use. The site is currently zoned R- 1, Single- Family Residential. The site currently occupied with a single family residence. Adjoining properties have the following characteristics: Location Zoning Existing Land Use North R -1 Single- family residence East R -1 Parking lot West R -1 Single - family residence South R -1 Single - family residence 7. Project Description. This proposal is to rezone a 0.68 acre parcel from R -1 to B -1. The rezone is intended to create a neighborhood and "community gathering place" between the Memorial Hospital campus to the east and the surrounding residential neighborhood. The existing residence contains approximately 4,600 square feet of usable floor space. A professional office for a food ingredient brokerage firm will be located on the second floor, a Class (1) use in the B -1 zone. The main floor of the existing residence will contain a sit down style Coffee House serving coffee, muffins and other prepared foods to be brought in; there will be no cook or chef on the premise. This is a Class (3) use in the B -1 zone. There will be a part -time, appointment only, hair salon and an esthetician or masseuse. This is a Class (2) use in the B -1 zone. EXAMINER'S RECOMMENDATION - 3 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 7248394 II II III I II II II Page: 7 of 25 12/14/2001 11 :44A YAKIMA CITY CLERK ORD 02.00 Yakima Co, WA Another part time use will be for a one -on -one tutoring center in a portion of the basement. This is a Class (3) use in the B -1 zone. The applicant is proposing to offer the home for receptions on an appointment basis, a Class 2 use. Receptions will be limited to Fridays and Saturdays from 3 p.m. to midnight and on Sundays from noon to 6:00 p.m. Memorial Hospital has offered the shared use of the parking lot to east parking after 5:00 p.m. on weekends and holidays (see attached exhibit). It contains 60 parking stalls. The site plan indicates that 18 off - street parking spaces will be available for the use of the facility. 8. Rezone Criteria. The criteria for rezones established by YCC 15A.23.030.5 are considered below: 8.1 Testimony. That this proposal is controversial is an understatement. The testimony and exhibits reflect significant concerns by the neighboring residents, most of whom are strongly opposed to this proposal. There are numerous letters in support but neighborhood opposition is very significant. Walt Ranta's letter, for example, documents numerous concerns. Perhaps the overriding issue is that approving this rezone and the proposed uses opens the door to increased commercialization of what has been a very nice stable residential neighborhood. If single family uses give way to more commercial activities, traffic, noise, pedestrian safety, glare, litter, and a host of other concerns may negatively impact this residential neighborhood. Increased traffic, parking requirements, outdoor activities, and hours of operation are part of the panoply of neighborhood concerns. There is also a strong but much smaller core of support. As a general statement, supporters are less likely to live in the EXAMINER'S RECOMMENDATION - 4 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 1E11 0 11 1E11 7248394 Page 8 of 25 12/14/2001 YAKIMA CITY CLERK ORD X32.00 Yakima Co, 4A o, WA • immediate neighborhood, although there are a number who do. Supporters typically are interested in finding a way to preserve the architectural and landscape qualities of this property, and believe that its location at the corner of two arterials is not conducive to continued single family residential use. 8.2 Suitability of the Property. The property is a large Tudor style house built around 1930. It is located at the signalized intersection of Tieton Drive and South 32 Avenue, adjacent to Memorial Hospital campus. The rezone to B -1 will allow the property to be preserved in its present form and will serve as a buffer between the neighborhood on the west and the hospital to the east. 8.3 Agency Recommendations. All agencies and city departments indicate that public services are available to the site and that this rezone would not create any difficulties for infrastructure. 8.4 Compliance with Comprehensive Plan and Zoning Ordinance. The applicant requested a change in the future land use map during the Year 2000 Comprehensive Plan amendment process, from Low Density Residential to Professional Office. The Regional Planning Commission, Joint Board, and the Joint City Council and County Commissioners approved amendment to High Density Residential. The high density residential designation is consistent with that given the property owned by Memorial Hospital, which borders this property on the east. My understanding of the comprehensive plan amendment process is that neither the Planning Commission nor the City Council wanted to create a spot designation on this corner for professional office. The Simpsons presented their conceptual plans for this property to both the Planning Commission and the EXAMINER'S RECOMMENDATION - 5 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 II II III ill 1111 7248394 Page 9 of 25 12/14/2001 11 :44A Y AKIMA CITY CLERK ORD X2,00 Yakima Co, WA City Council, and those conceptual plans are now represented by this application. The comprehensive plan contains a chart (III -3) which creates a compatibility matrix, indicating which zoning districts are deemed compatible with the various land use designations. This proposal is, subject to public hearing, considered consistent with high density residential designation. It is also consistent with a professional office land use designation. The professional office comp plan designation, however, also permits B -2 (Local Business) uses, which are significantly more intensive than uses permitted in the B -1 zone. It appears that the Simpsons have been forthright from the outset of the comprehensive plan amendment process that they hoped to obtain a land use designation, and appropriate zoning designation, which would enable them to develop the uses proposed while protecting and preserving the unique characteristics of this property. Neither the Urban Area Comprehensive Plan nor the Urban Area Zoning Ordinance provides a scalpel -like tool to deal with unique properties like this on. an individual, case by case, basis. State law, however, now authorizes use of development agreements, a tool which can place detailed restrictions on an individual property which are much more limiting than the broader uses contemplated by both the comprehensive plan and the zoning ordinance. Changing the comprehensive plan land use designation was the threshold and most significant hurdle faced by the Simpsons. As reflected in Mr. Carmody's attached memorandum, Washingtons State's growth management legislation and resulting case law essentially mandates that zoning now be consistent with the comprehensive plan land use designation. Whether the appropriate zoning should be Multi - family Residential (R -3), or Professional EXAMINER'S RECOMMENDATION - 6 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 1111 II III 7248394 Page: 10 of 25 1211412001 11:44A YAKIMA CITY CLERK ORD $32.00 Yakima Co, WA Business (B -1), is the central question of this debate. Under state law, it can fairly be .asserted that the Simpsons are entitled, almost on a mandatory basis, to R -3 zoning. If this property were zoned R -3, there would be no limitations whatsoever on retaining the structures or the landscaping. The property could be razed and rebuilt with a number of apartments, all consistent with zoning ordinance restrictions on R -3 uses. There is no limit on the number of dwelling units which are permitted in the R -3 zone. The only limitations are indirect, dealing with required parking and lot coverage, and a building height limitation of 50 feet. Based upon national statistics, an individual apartment typically generates about 8 trip ends per day, which could result in considerable traffic. Absent the comprehensive development scheme, with ongoing limitations, proposed by the Simpsons, a reasonable person could conclude that this corner ought not be zoned R -3, but for the comp plan designation. It can easily be argued that if this proposal is not adopted the door will be open even wider for intense utilization of this property which is even more incompatible with the adjacent lovely single family neighborhood. If this property had been designated Professional Office under the comprehensive plan, a much wider range of commercial uses would have been permitted. Table 4 -1 of the Urban Area Zoning Ordinance shows that two or three times as many retail and commercial uses are permitted in the B -2 zone as in the B -1, often at a much lower level of review. Presumably the Regional Planning Commission and the City, council had this in mind in deciding to designate this as high density residential rather than professional office. EXAMINER'S RECOMMENDATION - 7 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 II IIII II II III III III I II 7248394 Page: 11 of 25 12/1412001 11 :44A • YAKIMA CITY CLERK ORD $3210 Yakima Co, WA Subject to the constraints imposed by this recommendation and the attached development agreement, this proposal is consistent with the comprehensive plan land use designation, and is more appropriate than the high density residential development otherwise permitted by the existing high density land use designation. YMC Chapter 15.03.030 states that the B -1, Professional Business district is intended to: a. Establish and preserve areas for professional offices; and b. Provide a buffer between commercial clusters and residential neighborhoods; and, c. Locate professional offices in areas presently receiving a full range of urban services. Professional offices and, in some areas, a mix of professional offices and multi - family dwellings are the primary uses in the district. Residential densities are generally greater than twelve dwelling units per net residential acre. Building coverage may be as high as eighty percent of the site since sitescreening requirements have been established to soften the visual impact of large buildings and parking lots and minimize potential nuisances from light, noise and glare. Development standards are intended to accommodate a mixture of high- density residential development and office uses. • The Urban Area Zoning Ordinance (UAZO) indicates that the proposed uses of the 'Coffee House" and the one -on -one tutoring center are Class (3) land uses within the B -1 zoning district. The accessory use of the parking lot for the reception facility is a Class (3) use in the abutting Memorial Hospital property which is zoned R -1, Single- Family Residential. The proposed beauty salon /massage /esthetician and the • EXAMINER'S RECOMMENDATION - 8 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 7248394 IC I° AKIMA CITY CLERK DRD X32.00 reception hall are Class uses within the B -1 zone. The Class (2) and (3) review process enables the neighborhood an opportunity to review and comment upon the compatibility of the proposed use and whether the use conflicts with or detracts from the primary purposes of the zoning district. The Reviewing Official may approve deny, or impose conditions on the proposed use and site improvements. B -1 zoning allows the same density of apartment development, while also allowing a somewhat broader range of office and retail activities (See Table 4 -1). Based upon all of the evidence, a development agreement limiting uses to those set forth in the application is far more appropriate than the intense uses otherwise permitted by either the R -3 or B -1 zones. This is an example of a development agreement which sharpens the capability of our local land use regulations to deal with unique individual properties. As an administrative aside, the City Planning Division is utilizing Geographical Information System technology (GIS) to track individual properties' which are subject to limitations beyond that contained in the generally adopted land use regulations. The City now has the mapping capability to place an asterisk on any parcel, so that the zoning map indicates not only the land use and zoning designation, but also the - existence of a development agreement. 8.5 Adequacy of Public Facilities. This property is currently served by all necessary public utilities. Street access is from Tieton Drive and South 32 Avenue, both of which are Arterial Street at this location. Transit service is provided along Tieton Drive. 8.6 Compatibility: Subject to the limitations contained in this recommendation, and execution of a development EXAMINER'S RECOMMENDATION - 9 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 7248394 1 2 6 411 YA C IT Y CL QRD . $32.00 agreement consistent with those limitations, use of this property will be far more compatible with the neighborhood than the uses otherwise permitted by unfettered R -3 or B -1 zoning. This is an instance in which this property, and its future utilization, will be forever governed by a development agreement or similar documentation, consistent with not only the underlying comprehensive plan land use designation and zoning, but also the specific limitations of a property specific agreement. Substantial weight is placed on the fact that the conceptual development of this property was known by the Regional Planning Commission and the City Council when this property was designated, in 2000,as high density residential. The rezone to B -1 and proposed Class (2) and (3) uses will allow the property to be preserved in its present form and will serve as a buffer between the neighborhood on the west and the hospital to the east. 9. Public Need /Change of Circumstance. The project as proposed will provide a small -scale mixed -use commercial /professional development within the neighborhood in which it is intended to serve. The community will be strengthened by the preservation and opening of the property to the public. The proposed uses will add vitality and become a community asset for the area residents as well as for people outside the area. Preservation and uses such as this make the city more complex in a positive way and improve the quality of life for its citizens. 10. Class 2 and Class 3 Review. Both the rezone and proposed uses were reviewed by the Development Services Team. Their specific comments are reflected in the staff report. Most importantly, all public facilities are available and appropriately sized for this proposal. No additional widening or improvements EXAMINER'S RECOMMENDATION - 10 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 7248394 Page M 12141 YAKIMA CITY CLERK ORO MAO Yakima Go, WA to the streets will be required, although additional right of way must , be dedicated to attain 30 feet of right of way from the centerline of both 32 and Tieton,, pursuant to the development regulations of Title 12. Notwithstanding the numerous and legitimate concerns of neighbors, City Traffic Engineering has concluded that all impacted streets have adequate reserve capacity to accommodate this proposal at acceptable levels of service. Total estimated p.m. peak hour traffic generation is estimated at 12 week day p.m. peak hour trips. Driveway entrances will be revised as reflected in the revised site plan. Limitations of use are set forth in my letter to Mr. Carmody of June 28, and are set forth in the conditions of approval below. They also are incorporated in the development agreement. These limitations are designed, and based upon the evidence, will adequately mitigate the impact of this project upon adjacent properties. Utilization of the hospital parking lot for after hours parking has been authorized by Mr. Linneweh at Memorial Hospital. However, that document needs to be formalized in a recorded shared parking agreement. At my hearing I raised questions as to whether or not this proposal was adequately considering the parking lot. Upon a review of the entire file and of the applicable ordinances, I conclude that from the inception of this application, the documents adequately disclose the intent to utilize Memorial's parking lot. That parking lot is -in an R -1 zone, although as with this property, the lot has recently been designated as appropriate for high density residential use under the comprehensive plan. Parking lots are an accessory use to the primary use, and are EXAMINER'S RECOMMENDATION - 11 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 II III li III 1111 II 7248394 Page: 15 of 25 1211412001 11:44A YAKIMA CITY CLERK ORD $32.00 Yakima Co, WA treated as a Class 3 use in the R -1 zone (Table 4 -1) for meeting halls. Use of the lot will occur after normal business hours, and should be so indicated by an appropriately worded sign, and subject to a formal recorded parking agreement. Availability of the parking lot is a significant advantage to this property, and will have minimal impact upon the neighborhood since the parking lot already exists. The site plan has been revised pursuant to my letter to Mr. Carmody. These revisions reduce the number of onsite parking spaces from 18 to 15, with the intent of preserving existing mature trees and landscaping. Required parking, for all uses, is 16 spaces. The hospital lot simply provides surplus spaces. Concern has been expressed that this proposal will require changing driveways and eliminating shrubbery and /or stone walls in order to preserve vision triangles at the driveways. These changes are required by code anyway, regardless of the use of this property. 11. Environmental Review. A Determination of Nonsignificance (DNS) was issued by the City of Yakima on June 6, 2001. This determination was based on SEPA guidelines (WAC 197- 11 -355). There were no comments received on the environmental review during the 20 -day comment period. The DNS was not appealed and is now final. 12. Public Notice. Notice for the hearing was provided in accordance with the UAZO requirements in the following manner: Mailing of notices to adjacent owners May 16, 2001 Posting of property May 14, 2001 Legal Ad published May 25, 2001 From the foregoing Findings, the Examiner makes the EXAMINER'S RECOMMENDATION - 12 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 IIII II III III II II 7248394 Page 16 of 25 12/14/2001 11 :44A YAKIMA CITY CLERK ORD 32,00 Yakima Co, 0 following: CONCLUSIONS 1. The Examiner has jurisdiction. 2. The proposed rezone conforms to the goals and policies of the Yakima Urban Area Comprehensive Plan and to the intent of the Yakima Urban Area Zoning Ordinance; the property is suitable for uses permitted in the B -1 District, as limited by development agreement; problems with neighborhood compatibility can be resolved; and a change of circumstance justifies the proposed change. 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION 1. Approve this rezone application, from R -1 to B -1, subject to execution and recording of a development agreement substantially in the form attached hereto: 2. Approve the Class 3 and Class 2 uses, subject to the limitations set forth in the development agreement and further subject to the following conditions: a. Approval of the use to conduct private receptions will require the applicant to prepare a "shared parking agreement" with Memorial Hospital, which should also be referenced in the development agreement. This agreement shall be filed with the Yakima County Auditor's office in accordance with EXAMINER'S RECOMMENDATION - 13 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 7248394 ,Page: 17 0£ 2 5 12114/200 1 : 44A YAKIMA CITY CLERK ORO X3210 Yakima Co, WA YMC 15.06.050. A copy of the recorded parking agreement shall be submitted to the Building Official prior to issuance of a Certificate of Occupancy. b. All outdoor receptions and coffee house activities shall terminate at 10:00 p.m. c. Outdoor amplified music, live or recorded, is prohibited, except that background music which may be provided in the coffee house may be conveyed to outdoor coffee house patios, at a volume no louder than that occurring inside. d. Any modifications to the project which result in intensifying any approved use shall require amendment of the development agreement and a public hearing. e. These approved uses and related development agreement are personal to Bruce and Theresa Simpson, or their survivor, and are not transferable or assignable without a public hearing and amendment of the development agreement. 3. A final site plan, which includes the items shown on the original site plan, the additions and modifications required by this decision and demonstrating compliance with the Urban Area Zoning Ordinance, shall be submitted to the Planning Department prior to issuance of a certificate of zoning review, pursuant to YMC 15.12.050. The Planning Division requires submittal of a final site plan within 60 days of the final decision by the City Council, or as otherwise arranged with the Planning Department. Respectfully submitted this > 3 day of August, 2001. PHILIP A. LAMB Hearing Examiner EXAMINER'S RECOMMENDATION - 14 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 7248394 Page: 18 of 25 0 II 11 10 I Ell 1211412001 11 :44A YAKIMR CITY CLERK ORDi2,00 Yakima Co, WA DEVELOPMENT AGREEMENT _ This Development Agreement ( "Agreement ") is entered into this �� day of , 2001, by and between the CITY OF YAKIMA, WASHINGTON, a municipal corporation organized under the laws of the state of Washington ( "City ") and BRUCE SIMPSON AND THERESA CAMPBELL - SIMPSON ( "Simpson "). RECITALS A. To strengthen the public planning process and provide certainty to project development, the legislature of the state of Washington enacted RCW 36.708.170 -.210 (the "Development Agreement Statutes "), which authorize the City to enter into an agreement with any person having an ownership interest or control of real property located within the City regarding the development of such real property. B. Simpson owns the 0.68 -acre parcel of real property addressed 3111 Tieton Drive, Yakima, Washington 98902 (Assessor's Tax Parcel No. 181323 - 33003) (referred to as the "Subject Property "). The legal description is attached as Exhibit A. The Subject Property is presently improved with a historic Tudor structure commonly known as the "Raymond House." The Subject Property is located at the intersection of Tieton Drive and South 32n Avenue (a signalized intersection) and adjoins property owned by Yakima Valley Memorial Hospital. C. Simpson has proposed that the Subject Property be rezoned from R -1 Single- Family Residential to B -1 Professional Business. The rezone is consistent with the adopted Urban Area Comprehensive Plan for the City of Yakima. The rezone application is coupled with applications for a multi -use building including coffee house, hair salon, professional office space, and facility for private receptions. The purpose of the applications is to preserve the historic structure and grounds while allowing limited and defined usage of the facility. D. A revised Site Plan has been provided based upon comments and requirements of the Hearing Examiner for the City of Yakima, by letter dated the 28th day of June, 2001. A copy of the revised Site Plan is attached as Exhitiit: and incorporated by this reference. E. The City and Simpson agree that the rezone and approved land uses shall be limited to the specific proposal presented in the application and that no material modification, expansion, or alteration of such uses shall be permitted without compliance with applicable ordinance procedures governing such matters. F. The City and Simpson enter into this Development Agreement to provide certainty for planning and use of the property and to assure the limitation of permissible uses to those identified and reviewed by the Hearing Examiner and City Council. ORDINANCE: SIMPSON REZONE (3111 TIETON DRIVE) DEVELOPMENT AGREEMENT Page 1 II II III II II 7248394 Page. 19 of 25 12/14/2001 11.44A YAKIMR CITY CLERK ORO $32.00 Yakima Co, WA NOW, THEREFORE, in consideration of the mutual promises herein, the City and Simpson AGREE AS FOLLOWS: 1. Rezone of Property. The rezone of the Subject Property located at 3111 Tieton Drive, Yakima, Washington, shall be expressly conditioned upon the terms and conditions set forth in this Development Agreement, and approved uses shall not be materially modified, expanded, or altered other than by subsequent public process applicable to ordinance amendments (rezones) and land use processes. 2. Site Plan. Any and all uses of the subject property shall be consistent with the Site Plan attached hereto as Exhibit B: Any material modification or alteration to the Site Plan shall require public review in accordance with applicable procedures relating to ordinance amendments (rezones) and use review and approvals. The use of the property is expressly conditioned upon reconfiguration of the property (including property and access) in a manner consistent with the referenced Site Plan. (a) Exterior of Home. There shall be no material alteration of the exterior appearance of the home. It is the intent of Simpson to preserve the historic character of the property and any material modification shall be allowed for purposes of complying with applicable codes and regulations or enhancing or preserving the historic character of the property. (b) Landscaping. The property shall be landscaped and maintained in a manner consistent with the current appearance of the property. Additional landscaping and vegetative buffer have been or shall be planted along the north boundary of the property for purposes of view and noise abatement. (c) Exit/Caution Signs. Signs shall be placed on the property at the exit point to 32" Avenue, encouraging left-hand (southbound) turning movement onto 32 " Avenue and cautioning for pedestrians. 3. Adjoining Roadways. Simpson, the City, and neighbors acknowledge and agree that the proposed usage of the property does not require the expansion or widening of 32" Avenue. Neighbors and Simpson further express and agree that any expansion of 32 " Avenue would have adverse impact upon both the subject property and adjoining residences and neighborhood. All private parties strongly urge the preservation of 32 " Avenue at its current width and configuration. (a) Prohibition on Parking. On- street parking shall be prohibited on the east side of the 400 block of S. 32" Avenue north of Tieton Drive for a distance to be determined by the City based on the preferences of the owners of properties north of the Subject Property on the east side of the 400 block of S. 32 " Avenue. The parking prohibition was requested by neighbors and agreed to by Simpson and the City. (b) Traffic Calming Devices. Simpson supports the installation of traffic calming devices on 32 " Avenue, including but not limited to four -way stop signs at 32 " Avenue and Chestnut. (c) Memorial Parking Area. Upon agreement with Memorial Hospital, Simpson shall be entitled to utilize the parking area owned by Memorial Hospital and ORDINANCE: SIMPSON REZONE (3111 TIETON DRIVE) DEVELOPMENT AGREEMENT Page 2 7248394 Page: 20 of 25 1211412001 11 :44A YRKIMA CITY CLERK ORO $32.00 Yakima Co, WA located on the corner of 31' Avenue and Tieton Drive. The additional parking area shall be available to provide off- street overflow parking for activities such as gatherings. The use of the parking area, however, shall be further conditioned upon traffic channelization devices or signage allowing right -turn only exits from the parking area. It is the intent of all parties to minimize (if not eliminate) exiting movements which would result in northbound travel on 31S Avenue. 4. Approved and Permitted Uses /Occupancies. Simpson shall be authorized and permitted to conduct only the following uses of the subject property: (a) Coffee Shop. A sit -down style coffee house may be located on the main floor of the existing structure. There will be no chef or commercial kitchen facility. Most food items will be prepared off -site, such as muffins, scones and dessert items. The coffee house shall be subject to limitations more particularly set forth in Section 5 hereof. (b) Professional Office. A professional office for a food - ingredient brokerage firm may be maintained on the second floor of the existing structure. No retail business shall be permitted and any conferences /meetings will be by appointment only. (c) Hair Salon. A single -seat, appointment -only hair salon shall be allowed and located in the garage and operated by Theresa Campbell- Simpson. The salon activity may include an esthetician or masseuse, which shall be located on the second floor. (d) Tutoring. A part-time one -on -one tutoring center shall be authorized in a portion of the basement of the existing structure. (e) Receptions. The existing structure may also be utilized for receptions or private gatherings on an appointment basis and subject to limitations set forth in Section 5 hereof. 5. Limitations on Use. The coffee house and reception uses shall be limited as follows: (a) All outdoor receptions and coffee house activities shall terminate at 10 p.m. No public sale of alcohol shall be permitted on the premises. (b) Outdoor amplified music, live or recorded, is prohibited, except that background music which may be provided in the coffee house may be conveyed to outdoor coffee house patios at a volume no louder than that occurring inside. (c) Outside gatherings shall be limited to 45 persons. Any outside catering or food service shall be located in the front yard area of the premises (i.e., between the house and Tieton Drive). Any outside lighting shall be directed downward and shielded from glare. (d) Any modifications to the project which result in intensification of any approved use shall require amendment of this Development Agreement and a public hearing. ORDINANCE: SIMPSON REZONE (3111 TIETON DRIVE) DEVELOPMENT AGREEMENT Page 3 7248394 Page 21 of 25 12/14/2001 11 :44A Y AV A CITY CLERK O RD $32.00 Yakima Co, WA (e) A single wooden sign with ground -based spot lighting shall be allowed at the location shown on the Site Plan. 6. Nonassignability of Agreement. The approved uses and this Development Agreement are personal to Bruce Simpson and Theresa Campbell - Simpson, or their family or beneficiaries, and are not transferable or assignable without a public hearing and amendment of this Development Agreement. In the event that Simpson (or their family) cease to utilize the property in accordance with this Agreement, the following shall occur: (a) Reversion to Single Family Zoning. Upon termination of use and occupancy by Simpson (or their family or beneficiaries), the zoning of the property shall revert to Single Family (R -1) zoning. (b) Comprehensive Plan. Simpson and their family or beneficiaries further agree that the land -use designation contained in the Yakima Urban Area Comprehensive Plan may return to Low Density Residential upon compliance with applicable procedures and processes with respect thereto. 7. Modification /Amendment. Any material modification, expansion or alteration of uses as outlined in this Development Agreement shall require a new public hearing. 8. Reservation of Authority. Pursuant to RCW 36.70B.170(4), the City reserves authority to impose new or different regulations affecting the Subject Property , to the extent required by a serious threat to public health and safety. 9. Recordation /Binding Effect. Pursuant to the provisions of RCW 36.70B.190, this Development Agreement shall be recorded with the real property records maintained by the Auditor of Yakima County, Washington. This Agreement is binding on the City, Simpson, and Simpson's family or beneficiaries. Persons or parties other than Simpson, and Simpson's family or beneficiaries shall have no right to any of the approvals related to this Development Agreement or the ordinance by which it is authorized without public hearing and passage of an ordinance providing them with such approvals. 10. Notices and Demands. Any notice or demand which either party hereto is required or desires to give to or make upon the other shall be in writing and delivered or mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: In the case of the City of Yakima to: In the case of Simpson to: City of Yakima Bruce Simpson and /or c/o City Manager Theresa Campbell- Simpson 129 North Second Street 3111 Tieton Drive Yakima, WA 98901 Yakima, WA 98902 ORDINANCE: SIMPSON REZONE (3111 TIETON DRIVE) DEVELOPMENT AGREEMENT Page 4 II 1111 II II III III 1111 II 7248394 Page. 22 of 25 12/14/2001 11.44A YAKIMA CITY CLERK ORD $32,00 Yakima Co, WA 11. Effective Date. This Development Agreement shall become effective when the ordinance approving the requested rezone and other uses and by which it is authorized becomes effective. 12. Incorporation of Recitals. The Recitals contained in this Development Agreement are hereby incorporated into this Agreement as if fully set forth herein. 13. Other Necessary Acts. The City and Simpson shall each execute and deliver to the other all other further instruments and documents that are reasonably necessary to carry out and implement the rezone and and use approvals and that are otherwise reasonable or necessary to provide the full and complete enjoyment of rights and privileges under this Agreement. 14. Covenants Runninawith the Land. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to Washington law. Each covenant herein to act or refrain from acting, including the limitation of approvals to Simpson, their family and beneficiaries, is for the benefit of or burden upon the Subject Property as appropriate, runs with the Subject Property, and is binding upon each successive owner or occupant of the property. 15. Covenant of Good Faith and Fair Dealing. The City and Simpson shall use their best efforts and take and employ all necessary actions to ensure that the rights secured through this Agreement can be enjoyed, and neither party shall take any action that will deprive the other of enjoyment of the rights secured through this Agreement. 16. Venue and Applicable Law. The City and Simpson agree that venue of any action hereon shall be laid in Yakima County, Yakima, Washington, and that this Agreement shall be construed according to the laws of the state of Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF YAKIMA OWNERS a Washington municipal corporation By: � -e:7;' D -1/ /23' E SI SON R. A. Zais, City Manager BRUC • ATTEST: �'w�- {�I l,i:.KL 71, `'�, e)4„1„9„ THERESA CAPBELL- SIMPSON Karen Roberts, City Clerk Contract No. 2001 -130 Ordinance No. 2001 -65 ORDINANCE: SIMPSON REZONE (3111 TIETON DRIVE) DEVELOPMENT AGREEMENT Page 5 7248394 Page' 23 of 25 llI1ll 2 /I/Ii $32,00 Yakima Co, Up j„ GAL DESCRIPTION THE WEST 186.4 FEET OF THE SOUTH 208 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 13 NORTH, RANGE 18 E. W. M.; EXCEPT THE WEST 20 FEET; AND EXCEPT THE SOUTH 30 FEET; AND EXCEPT A TRIANGLE IN THE SOUTHWEST CORNER CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S FILE NOS. 2001308 AND 2001309: AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S ALE NO. 2957528. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. ORDINANCE: SIMPSON REZONE LEGAL DESCRIPTION — EXHIBIT A II II 1111111 II 01 7248394 Page 24 of 25 12/14/2001 YR KIMA CITY CLERK ORD $32,00 Yakima Co, 11;44A ' REQUIRED ATTACHMENT: El=) SITE PLAN • .� , No Prtducrng the aim plan from this ®pure is prefearai, how¢ cr, inn =tie m tun be substituted foe yom own mahum(c omputer aided is � acceptable). 1 R -I -4• F•c'„ - • r G'Fctict 1 i y__ t4G 4 0 —� . • r i si�tr�s ry I - • 0 t . I I a + I \ O !I Z 3 4- 5. & 7 g q 1 1l ill- 13 1 • 0 N N. / � i r n N ko V 1 . DrtV[irp - I- �a. U e.ri- 1 Wake . MeteY --2----- 0 ( 1 R {I +ate r — =�r 9 JO O . �ti • , 1 �i 4-C e __ ,, �, J;,,� ;any`: g r ' ��' N . r kg ,{; f 4 T t) A, e1i. ' a's a n,. ' - .µ. y �i r rde_ t e..t ! di '< 1 P..-to S4.r1i I . I. o I 1 r 1 . - g ., IIII1 .1I ,NI o..1 – t. 0 1 i • 1 L. 1 , sas Z _ 5 ' 1 1 Y 4 In Y r �Q - 5' stdcwwlK 30 , C w6 CA- ISl.aw4 i 30 TIe 6n b!'.t v RECEWED 1 AUG 0 32001 - - • .. - - - -- - I - FY OF YAKIMA .. • PLANNING DIV. ! I I 1 ! 1 I I ! LOT OMACF ALMIL ION PA R(({{rNC CA1.I111 ATJON(Retermce Table 6-1 of the Urban Area Zoning Orrimauce) a) Pootpriutfsl of Fslsang Sauctmn(a) Z31V SQ FT a) I apacds)tequir,d 1 ti- b h e e rr e7,nawtner b)Building Addition/New Sone ' t(s) SQ Fr b)�_rpace(a) pmvided S... 11 y TMj e) Paved Area(s) (Driveways, walkways, patio etc.) Total 1L71 SQ PT i r77'INFORMaTIONfPrint clearly d) Proposed Paved Area(r) 1 S I 'L SQ FT y m ink) e) Total Impervious Surfsen 4+b+n+d =e) Ming SQ FT Parcel/qv) IS{ /37 3 3a0 f) Let suer 2w g �• Sim Add= - 3lI1 T1' n ,-. Yctc,;,n wp. g) Lot Coverage (d[ x 100 m g) y " % t Dos (brief) 1. I. R • y F o4 S. 3 of F-t o W /Ix. v F MAP SCAI p (Please use tan given seder bowers, is some C10B L S W '/y 01° S W I/4 e r SW 1 / v o r S der• Z T T 11 N 12 Cirnamatarleea a differ= scale may work hart¢,) ARROW 14' E. W. m • e Yc rP7 Nl 20 P7 4.4 b CY c rP 7 S 30 FT. chs¢¢k ane ; 'pp CB gPreerredScalc l tech anther map o 20 feet on Ma ground y Aa.4 Mt+ • ame rUG4 $ t$v Th } ecC' MA Cti 1 ,1:rc { -Srnt El Custom Scale: l inch - ,f \``;jJ Site Address ? 311\ T¢. } n b 1 , y., ktkn ) ki A Y 1V • 10 '�. • Tamplata Bc marks tux l inch apart MailingAddrw Z1 G, 4. Z4+' C Ytile.rt.rd lu A. g ?qv 'L ContctPeraoo Berm,, .1"- sa., Contact none: (so, L. 47. Ser'D • ' Produed by (pint) Aare: (ladirno No01 r,� • Applicant Sigmnrm: ). 7 71 Date: 71/001 ORDINANCE: SIMPSON REZONE (3111 TIETON DRIVE) DEVELOPMENT AGREEMENT SITE PLAN — EXHIBIT B 723 Pa 2 12 48 @01 4 11 0£ 4 4A YAKIMA CITY CLERK ORD 132.00 Yakima Co, WA • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO.: / 3 FOR MEETING OF: December 4, 2001 ITEM TITLE: Ordinance approving the rezone and authorizing the City Manager to execute a Development Agreement requested by Bruce & Theresa Simpson for property located at 3111 Tieton Drive, Yakima. SUBMITTED BY: itT iam Cook, Director of Community & Economic Development Y p CONTACT PERSON/TELEPHONE: Dan Valoff, Senior Planner, 575 -6163 SUMMARY EXPLANATION: On October 2 and November 6, 2001 the City Council conducted a "Closed Record" hearing to consider the Hearing Examiner's recommendation to approve the rezone and associated development agreement request by Bruce & Theresa Simpson to rezone a single 0.68 -acre parcel from R -1, Single- Family Residential to B -1, Professional Business. Master zoning review application for the Class (3) review for a "Coffee House" and tutoring service and the Class (2) review for a one -chair hair salon, massage /esthetician, and private receptions. The rezone is located at 3111 Tieton Drive, Yakima. The Council voted 6 to 1 to approve the rezone and development agreement and directed City Legal staff to prepare the appropriate ordinance. Resolution Ordinance X Contract X Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: ,.--__ /- Ae City Manager STAFF RECOMMENDATION: Pass ordinance to uphold the Hearing Examiner's recommendation and authorize the City Manager to execute the attached Development Agreement. BOARD RECOMMENDATION: Hearing Examiner recommends approval of the rezone application with conditions. These conditions are embodied in the Development Agreement. COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2001 -65 BRUCE SIMPSON & THERESA CAMPBELL - SIMPSON Rezone 3111 Tieton Drive Attachments: Hearing Examiner's Recommendation S Maps Site Plan Comment Letters Received Staff Report DST (Development Services Team) Comments SEPA (State Environmental Policy Act) Application Notices OFFICE OF HEARING EXAMINER • FOR THE C ITY AND COUNTY OF YAKIMA PHILIP A. LAMB 311 NORTH THIRD STREET. P.O. BOX 4 (509) 248 -0706 YAKIMA. WASHINGTON 98907 FAX: (509) 248 -0707 RECEIVED August 23, 2001 AUG �� 2 3 200 Chris Wilson CITY OF YAKIMA PLANNING D V City of Yakima Planning Division 129 N. 2nd Street Yakima, WA 98901 Re: Bruce and Theresa - Campbell Simpson City No. UAZO RZ #5 -01 4110 Examiner No. IU01 -2 -12 Dear Chris: My Examiner's Recommendation is enclosed. The hearing was held on June 14, 2001. Best personal regards, Philip A. Lamb PAL/pal Enclosure cc: Ms. Terri Cyr, w /encl. Board of County Commissioners w /encl. ECEIVE STATE OF WASHINGTON u +U 2 �' �� CITY OF YAKIMA CITY OF YAKIM OFFICE OF HEARING EXAMINER PLA NNING DIV. Master Application by ) EXAMINER'S RECOMMENDATION Bruce & Theresa Campbell- ) Simpson for a rezone of a ) City No. UAZO RZ #5 -01 single 0.68 acre parcel from ) R -1, Single - Family Residential) Examiner No. IU01 -2 -12 to B -1, Professional Business,) and Class 3 Review for ) Multiple Uses at 3111 Tieton ) Drive, Yakima, WA ) Examiner conducted a public hearing on June 14, 2001. sta.,' report presented by Senior Planner Dan Valoff recommended approval subject to conditions. Mr. and Mrs. Simpson appeared on behalf of the application, and were represented by attorney James Carmody. There was significant opposition, and p- of extensive exhibits. The Examiner inspected the probertv both prior to and after the hearing. At the close of the hearing, I requested a memorandum from Hr. Carmody concerning legal requirements that rezones be oonsi..tent with comprehensive plan designations. That memorandum was received on June 18. On June 28 I requested additional information from Mr. Carmody, as reflected in my letter to him dated June 28, 2001. His response, dated August 3, 2001 covered all issues. Mr. Valoff reviewed the materials at my request, and submitted his memorandum on August 10, 2001. He basically agrees with the proposed development agreement, and suggests that it should also deal with the shared parking agreement with Memorial EXAMINER'S RECOMMENDATION - 1 Bruce Simpson and Theresa Campbell Simpson 4 11 0 Examiner No. IU01 -2 -12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 SUMMARY OF RECOMMENDATION. The Examiner recommends approval. The following after hearing documents are attached as exh to this recommendation, for ease of reference: Ex-_ -; =- A - June 18, 200= letter from attorney Carmody _e consistency of zoning with comprehensive plan designation. Exhibit B - June 28 letter from Lamb to Carmody reauestinc additional information and detailing provisions to be included in a revis site plan and development agreement. =xh_bit C - August 3 letter, with attachments, from Carmody - Lamb. The attachments are a draft development agreement and _ -w site plan. Exhibit D - August 10 memo from Valoff to Lamb confirmir review of Carmody documents. Trogym: the view of the site, the matters contained in the =_ r -, --d, including the staff report, a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, and from evidence received at the hearing, the Examiner makes the following: FINDINGS 1. Applicant. Bruce & Theresa Campbell- Simpson, 216 South 24 Avenue, Yakima, WA 98902. 2. Location. 3111 Tieton Drive, Assessor's parcel number =8 1324- 33003. 3. Application. Rezone of a single 0.68 -acre parcel from -_, Sincle - Family Residential, to B-1, Profess Bus EXAMINER'S RECOMMENDATION - 2 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01-2 -12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 o _ This Master application also requests review for a C ..ee House ", tutoring service, one -chair hair salon, massage /esthetician, and private receptions. 4. Proposed Zone. 2 Professional Business. 5. Proposed Use. A multi -use building with coffee house, ha salon, professional office space, and private receptions. 6. Current Zonincz and Use. The site is currently zoned P.- 1, S -,le - Family Residential. The site currently occupied with family residence. Adjoining properties have the fo_lowinc characteristics: Location Zoning Existing Land Use North R -1 Single - family residence E ast ? -_ Parkin lot West R -1 Single- family residence South R -1 Single - family residence 7. Proiect Description. This proposal is to rezone a 0.6E from R - 1 to B -1. The rezone is intended to create a -- hbcrhood and "community gathering place" between the Memorial 411 Hospital campus to the east and the surrounding residential hborhood. The existing residence contains approximately 4,600 square feet of usable floor Space. A professional office for a food ingredient brokerage firm will be located on the second floor, a Class (1) use in the B-1 zone. The main floor of the existing residence w i l l contain a s down style Coffee House serving coffee, muffins n and r offee, ��.u__ s n: o_�eY _ecared foods to be brought in; there will be no cook or ch on the premise. This is a Class (3) use in the S-1 zone. There will be a part -time, appointment only, hair salon and an esthetician or masseuse. This is a Class (2 use in the B -1 EXAMINER'S RECOMMENDATION - 3 Bruce Simpson and Theresa Campbell Simpson 4 11 0 Examiner No. IU01 -2 -12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 Another part time use will be for a one-on-one tutoring center in a portion of the basement. This is a Class (3) use the -1 zone. The applicant is proposing to offer the home for receptions on an appointment basis, a Class 2 use. Receptions will be limited to Fridays and Saturdays from 3 p.m. to midnight and on Sundays from noon to 6:00 p.m. Memorial Hospital has offered the .hared use o_ the parking lot to east parking after 5:00 p.m. on weekends and holidays (see attached exhibit) . it contains 60 parking stalls. The site plan indicates that 18 off- street parking spaces w= _ be available for the use of the facility. 8. Rezone Criteria. The criteria for rezones established by YCT l5A.23.030.5 are considered below: 8.1 Testimony. That this proposal is controversial is understatement. The testimony and exhibits reflect 4110 s_onicant concerns by the neighboring residents, most of whom a_ s opposed to this proposal. There are numerous letters in support but neighborhood opposition is very significant. Walt Ra_.ta's letter, for example, documents numerous concerns. Perhaps the overriding issue is that approving this rezone and the rpposed uses opens the door to increased commercialization of what has been a very nice stable residential neighborhood. If single family uses give way to more commercial activities, -_` c, noise, pedestrian safety, glare, litter, and a host of other concerns may negatively impact this residential neighborhood. increased traffic, parking requirements, outdoor activities, and hours of operation are part of the panoply of neighborhood concerns. There is also a strong but much smaller core of support. As a general statement, supporters are less likely to live in the EXAMINER'S RECOMMENDATION - 4 Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 _a- neighborhood, although there are a number who do. .. Supporters typically are interested in finding a way to reser". tihe architectural and landscape qualities of this property, and bel that its location at the corner of two a1 - er = S not conducive to continued single family residential use. 8.2 Suitability of the Property. The property is _arc- Tudor style house built around 1930. It is located at the signalized intersection of Tieton Drive and South 32 -- Avenue, adjacent to Memorial Hospital campus. The rezone to E -1 will =l'ow the property to be preserved in its present form and will serve as a buffer between the neighborhood on the west and the hospital to the east. 8.3 Agency Recommendations. All agencies and city departments indicate that public services are available to the s and that this rezone would not create any difficulties for infrastructure. 8.4 Compliance with Comprehensive Plan and Zoning Ordinance. The applicant requested a change in t•ne future la__d use mao during the Year 2000 Comprehensive Plan amendment _cc from Low Density Residential to Professional The Re i ona_ Planning Commission, Joint Board, and the Jo City Council and County Commissioners approved amendment to Hiah De: s Res The h- ch density residential designation is consistent with __.at c i `.'en the property owned by Memorial Hospital, which borders this property on the east. My understanding of the comprehensive plan amendment process is that neither the Planning Commission nor the City Council ::anted to create a spot designation on this corner for ora The Simpsons presented their conceptual fans for this property to both the Planning Commission and the EXAMINER'S RECOMMENDATION - 5 Bruce Simpson and Theresa Campbell Simpson 41/0 Examiner No. IT:01 - - 12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 4110 C Council, and those conceptual plans are now repres by this application. The comprehensive plan contains a chart ( =I= which creates a compatibility matrix, indicating which zoning districts are deemed compatible with the various land use designations. This proposal is, subject to public hearing, considered consistent with high density residential designation. It is also consistent with a professional office land use designat The professional office comp plan designation, however, also permits B -2 (Local Business) uses, which are s more intensive than uses permitted in the B -1 zone. It app that the Simosons have been forthright from the outset of the comprehensive plan amendment process that they hoped to obtain a land use designation, and appropriate zoning designation, which would enable them to develop the uses proposed while protecting and preserving the unique characteristics of this property. III Neitrer ^^e urban Area Comprehensive Plan nor the Urban Area Zon Ordinance prop ides a scalpel like tool to deal with unique properties like this on an individual, case by case, basis. State law, however, now authorizes use of development agreements, a tool which can place detailed restrictions on an individual property which are .much more limiting than the broader uses contemplated by both the comprehensive plan and the zoning ordinance. Chancing the comprehensive plan land use designation was the threshold and most significant hurdle faced by the Simpsons. As re`l =c ,- ed in Mr. Carmody's attached memorandum, Washingtons State's growth management legislation and resulting case law essentially mandates that zoning now be consistent with the oc=rehensive clan land use designation. Whether the appropr zonind should be Multi -family Residential (R -3), or Profess EXPMINER'S RECOMMENDATION - 6 ID Bruce Simpson and Theresa Campbell Simpson Examiner No. 1001 -2 -12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 7 u'zness (3-1), is the central question of this debate. Under 4 1/ 1 1 law, it can fairly be asserted that the Simpsons are entitled, almost on a mandatory basis, to R-3 zoning If this property were zoned R-3, there would be no limitations whatsoever on retaining the structures or the landscaping. The property could be razed and rebuilt with a number of apartments, all consistent with zoning ordinance ons on R-3 uses. There is no limit on the number of dwelling units which are permitted in the R-3 zone. The only limitations are indirect, dealing with required parking and lot coveraae, and a building height limitation of 50 feet. Based upon national statistics, an individual apartment typ' generates about 8 trip ends per day, which could result in c-nsa=-able traffic. Absent the comprehensive development scheme, with ongoing limitations, proposed by the Simpsons, a reasonable person could conclude that this corner ought not be zoned R-3, but for the comp 4 11 0 clan designation. It can easily be argued that if this proposal is not adopted the door will be open even wider for intense -or of this property which is even more incompatible with the adjacent lovely single family neghborhood. If this Property had been desicnated Professional Office under the comprehensive plan, a much wider range of commercial uses would have been permitted. Table 4-1 of the Urban Area Zoning Ordinance shows that two or three times as many retail and commercial uses are permitted in the 5-2 zone as in the 3-1, often at a much lower level of review. Presumably the Regional Planning Commission and the City council had this in mind in deciding to designate this as high density residential rather than cro EXAMINER'S RECOMMENDATION - 7 Bruce Simpson and Theresa Campbell Simpson 4 11 0 Examiner No. IU01-2-12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 • Subject to the constraints imposed by this recommendation and attached development agreement, this proposal is con. - =_.t with the comprehensive plan land use designation, and is more appropriate than the high density residential development herwise permitted by the existing high density land use designation. YMC Chapter 15.03.030 states that the 3 -1, Professional iiius -r:ess district is intended to: a. Establish and preserve areas for professional offices; and, b. provide a buffer between commercial clusters and residential neighborhoods; and, c. locate professional offices in areas presently -vina a full range of urban services. professional offices and, in some areas, a mix of crcfessional offices and multi- family dwellings are the primary 11111 uses i n the district generally Residential densities are generall .a_er than twelve dwelling units per net residential acre. _uildinc coverage may be as high as eighty percent of the site sitescreening requirements have been established to soften the visual impact of large buildings and parking lots and nim__e potential nuisances from light, noise and glare. Development standards are intended to accommodate a mixture of high- density residential development and office uses. The Urban Area Zoning Ordinance (UAZO) indicates that the rocosed uses of the "Coffee House" and the one -on -one tutoring :enter are Class (3) land uses within the 3 -1 zoning district. The accessory use of the parking lot for the reception facility is a Class (3) use in the abutting Memorial Hospital property which is zoned R -1, Single -Family Residential. The proposed beauty salon /massage /esthetician and the EXAMINER'S RECOMMENDATION - 8 ill Bruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 • HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 reception hall are Class (2) uses within the B -1 zone. T:he III (2) and (3) review process enables the neighborhood an opportunity to review and comment upon the compatibility of the proposed use and whether the use conflicts with or detracts from the primary purposes of the zoning district. The Review_. Of a', may approve deny, or impose conditions on the proposed use and site improvements. -1 zoning allows the same density of apartment development, w_e also allowing a somewhat broader range of office and retail activ (See Table 4 -1). Based upon all of the evidence, development agreement limiting uses to those set forth in the application is far more appropriate than the intense uses rt_ erw se permitted by either the R -3 or 2-1 zones. This is an example a development agreement which sharpens the capability of our local land use regulations to deal with uniaue individual properties. III As an administrative aside, the City Planning Division is ut__izina Geographical Information System technology (GIS) to tr c.. individual properties which are subject to limitations beyond that contained in the generally adopted land use reoulations. The City now has the mapping capability to place an a - = on any parcel, so that the zoning map indicates not only the land use and zoning designation, but also the existence of a devel opment agreement. 8.5 Adequacy of Public Facilities. This property is currently served by all necessary public utilities. Street -, 's from Tieton Drive and South 32 Avenue, both of which are Arterial Street at this location. Transit service is rovided along Tieton Drive. 8.6 Compatibility. Subject to the limitations contained in this recommendation, and execution of a development EXAMINER'S RECOMMENDATION - 9 Bruce Simpson and Theresa 1 11 1 Campbell Simpson Examiner No. IU01 -2 -12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 = -moment consistent with those limitations, use of this _ _ _ will be far more compatible with the neighborhood than the u s e s otherwise permitted by unfettered R -3 or B -1 zoning. This is an instance in which this property, and its future utilization, will be forever governed by a development agreement or similar docum consistent with not only the underlyinc comprehensive plan land use designation and zoning, but also the specific limitations of a property specific agreement. Substantial weight is placed on the fact that the conceptual dev of this property was known by the Regional Planning Commission and the City Council when this property was designated, in 2000,as high density residential. The rezone to B -1 and proposed Class (2) and (3) uses will allow the property to be preserved in its present form and will sere as a buffer between the neighborhood on the west and the ' - o the east. _i�sp - �Q � - 9. Public Need /Chance of Circumstance. The project as e d will -, vi proposed v.___ prop _ue a small - scale mixed -use conmerc_al /professional development within the neighborhood in which it is intended to serve. The community will be strengthened by the preservation and opening of the property to ^ The proposed uses will add vitality and become a community a for the area residents as well as for people outside the area. Preservation and uses such as this make the city more complex in a positive way and improve the quality of life for its citizens. 10. Class 2 and Class 3 Review. Both the rezone and proposed uses were reviewed by the Development Services Team. Their specific comments are reflected in the staff report. Most importantly, all public f -es are available and appropriately sized for this proposal. No additional widening or improvements EXAMINER'S RECOMMENDATION - 10 ID Bruce Simpson and Theresa Campbell Simpson Examiner No. iU01 -2 -12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 to the streets will be required, although additional richt of way III must be dedicated to attain 30 feet of right of way from toe centerline of both 32 and Tieton, pursuant to the development r.- of Title 12. Notwithstanding the numerous and legitimate concerns of ne City Traffic Engineering has concluded that all i mpacted streets have adequate reserve capacity to accommodate ths p at acceptable levels of service. Total estimated p.m. pe hour traffic generation is estimated at 12 week day ..... ei.- hour trips. _ riveway entrances will be revised as reflected in the revised site plan. Limitations of use are set forth in my letter to Mr. Carmod o_ June 28, and are set forth in the conditions of approval below. They also are incorporated in the development agreement. These "mitaticns are desioned, and based upon the evidence, will adequately adeouately mitigate the impact of this project upon adjacent 4 1/ 1 rocerties. Utilization of the hospital parking lot for after hours carking has been authorized by Mr. Linneweh at Memorial Hospital. Ho that document needs to be formalized in a recorded shared At my hearing I raised questions as to whether or not this crocosal was adecuately considering the parking lot. Upon a review of the entire file and of the applicable ordinances, 1 conclude that from the inception of this application, the documents adequately disclose the intent to utilize Memorial's parking lot. That parking lot is in an F -1 zone, although as with toes property, the lot has recently been designated as appropriate for high density residential use under the comprehensive clan. Parking lots are an accessory use to the primary use, and are EXAMINER'S RE COMMENDATION - 11 Eruce S and Theresa Campbell Simpson Examiner No. IU01 -2 -12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 • treated as a Class 3 use in the R -1 zone (Table 4 -1) for T.__ _- halls. Use of the lot will occur after normal business hours, a.-S should be so indicated by an appropriately worded sign, and sub_ect to a formal recorded parking agreement. Availability of the parking lot is a significant advantage to this Property, and will have minimal impact upon the neighborhood since the parking lot already exists. The site plan has been revised pursuant to my letter to Mr. Carmody. These revisions reduce the number of onsite park -n0 stapes from 18 to 15, with the intent of preserving existing M,atur= -,-,,, and landscaping. Required parking, for all uses, is 16 spaces. The hospital lot simply provides surplus spaces. Concern has been expressed that this proposal will require changing driveways and eliminating shrubbery and /or stone walls in � er e triangles cider tc t__s�_v_ vision. �_iang_ es at the driveways. These -names are required by code anyway, regardless of the use of this III property. 11. Environmental Review. A Determination of Nonsignificance (DNS) was issued by the City of Yakima on June 6, 20 This determination was based on SEPA guidelines (WAC 197 - 11 -355). There were no comments received on the environmental review duri ng the 20 -day comment period. The DNS was not appealed and is now final. 12. Public Notice. Notice for the hearing was provided in accordance with the UAZO requirements in the following manner: Mailing of notices to adjacent owners May 16, 2001 Posting of property May 14, 2001 Legal Ad published May 25, 2001 From the foregoing Findings, the Examiner makes the EXAMINER'S RECOKMENDATION - 12 410 Eruce Simpson and Theresa Campbell Simpson Examiner No. IU01 -2 -12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248 -0706 4 1/ 1 CONCLUSIONS 1. The Examiner has jurisdiction. 2. The proposed rezone conforms to the goals and pc_ the Yakima Urban Area Comprehensive Plan and to the intent the Yakima Urban Area Zoning Ordinance; the property is suitable for uses permitted in the B -1 District, as limited by :evelocmen :t agreement; problems with neighborhood compatibility can be resc_ and a chance of circumstance justifies the proposed 3. All notice provisions of the ordinance have been complied with. Eased upon the foregoing Findings and Conclusions, the Exam_..__ submits to the Yakima City Council the following: RECOMMENDATION _. Approve this rezone application, from R -1 to S -1, _. .,ibi•ect to execution and recording of a development agreement substantially in the form a :ied hereto: 2. Approve the Class 3 and Class 2 uses, subject to the limitations set forth in the development agreement and further subject to the following conditions: a. Approval of the use to conduct private receptions 1! redui re the applicant to prepare a "shared parking aoreement" with Memorial Hospital, which should also be �� r =iced in the develop ment agreement. This agreement shall be filed with the Yakima County Auditor's office in accordance wi_h SXAMINER'S RECOMMENDATION - 13 Bruce Simpson and Theresa Campbell Simpson 4 10 Examiner No. IU01 -2 -12 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248.0706 v1 1:;.06.050. A copy of the recorded parking aareement sha - __ - __ b= 4 11 1 submitted to the Buiding Official prior to issuance of a Certificate of Occupancy. b. All outdoor receptions and coffee house activities shall terminate at 10:C0 p.m. c. Outdoor ampld music, live or recorded, is prohred, except that background music which may be provided in the coffee house may be conveyed to outdoor coffee house Patios, at a volume no louder than that occurring inside. d. Any modifications to the project which result in intensifying any approved use shall reauire amendment of the . agreement and a public hearing. e. These approved uses and relateddevelopMent agreement are personal to Bruce and Theresa Simpson, or their survivor, and are not transferable or assignable without a public h==rHna and amendment of the development aareement. 4111 . A final site plan, which includes the items shown on the cricLnal site plan, the additions and modifications required by ' and demonstrating compliance with the Urban Area Zoning Ordinance, shall be submitted to the Planning Department Prior to issuance of a certificate of zoning review, pursuant to '1= .12.050. The Planning Division requires submittal of a final site plan within 60 days of the final decision by the City Council, or as otherwise arranged with the Planning Department. Respectfully submitted this 7 3 day of August, 2001. ... I, ' /1 e , ......,.._: , ..,- 47; PHILIP R. LAB Hearing Examiner :•.. EXAMINER'S RECOMMENDATION - 14 ,. . . . 4111 Bruce Simpson and Theresa Campbell Simpson ' • . . Examiner No. IU01-2-12 . . . . HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA, WASHINGTON 98907 (509) 248-0706 John S. Moore J. Jay Carrell Retina: G K:77.9 Velikanje Moore & Shore, P.S. Morris G Snore Mark E Fickes Traysl'r.�,: Georoe F. Velikanje Douglas L Federspiel Gar on K. Jon a t t o r n e y s at la w Alan D. Campbell Brendan V. Monahan James S E,ncr. • James C. Carmody Kevan T. Montoya J. Gagne! loam V I1/1S Carter L. Field Nancy L. Livingston Saran L. \A xsor E. Frederick Velikanje, of counsel RECE!VED June 18, 2001 LAMB LAW (J ri;iL Mr. Philip A. Lamb City of Yakima - Hearing Examiner Lamb Law Office 311 North Third Street P. O. Box 4 Yakima, Washington 98907 Re: Bruce and Theresa Simpson 311 Tieton Drive, Yakima Washington Dear Mr. Lamb: • In the context of the public hearing on the rezone application of Bruce and Theresa Simpson, we were requested to provide additional comment on rules and regulations regarding implementation of comprehensive plan land use designations. The specific inquiry related to development regulations adopted pursuant to final comprehensive plan provisions. Growth Management Act (GMA) is recognized to represent "a complete revision in land use planning." Stewart v. Washington State Boundary Review Board for King County, 100 Wn.App. 165, 175, 996 P.2d 1087 (2000). In no regard is the revolutionary impact of the GMA on and use lay: in Washington more obvious than in the ascendency and increased potency of the comprehensive plan. A commentator has summarized the significance as follows: Local government planners create comprehensive plans after lengthy research into community growth patterns, infrastructure needs, employment and population forecasts, and public opinion. The plan lays out the projected development of the community within a certain time line, such as six or more years. Commentators have described comprehensive plans as the GMA's "central nervous system" with a potency previously unknown in Washington. Note, The End of an Era: Suburban Village Aversion in Citizens for Mounty Vernon v. City of Mount Vernon, 74 Wn.L.Rev. 367, 377 -8 (1999). The comprehensive plan is the guiding document when adopting development regulations under Growth Management Act (GMA). HEARING EXAMINER Exhibit a- 405 East Lincoln Avenue P.O. Box 22550 Yakima, WA 98907 (509) 248 -6030 ' ,fax (509 CC - 6 • Mr. Philip A. Lamb City of Yakima - Hearing Examiner RE: Simpson June 18, 2001 Page 2 Prior to the adoption of the Growth Management Act (GMA), the courts recognized that only "general conformance" with a comprehensive plan was required when implementing development regulations. See, e.g., Cathcart- Maltby- Clearview Community Council v. Snohomish County, 96 Wash.2d 201, 212, 634 P.2d 853 (1981); and Tugwell v. Kitittas County, (citation to be provided). The courts have uniformly recognized that changed circumstances are not required where the rezone implements a provision of the comprehensive plan. SOARE v. Snohomish County, 99 Wash.2d 363, 370 -71, 662 P.2d 816 (1983); and Bjarnson v. Kitsap County, 78 Wn.App. 840, 845 -46, 899 P.2d 1290 (1995). The case law recognizes that rezones are an appropriate mechanism for the fulfillment of a comprehensive plan and its land use designation. The Growth Management Act (GMA) took additional step and required planning jurisdictions to adopt development regulations which are "consistent with" and "implement" adopted comprehensive plan provisions.' The courts of Washington recognize that local entities subject to GMA must act "in conformity with its comprehensive plan," Glenrose Community Association v. City of Spokane, 93 Wn.App. 839, 847, 971 P.2d 82 (1999) (citing RCW 36.70A.120). GMHBs have similarly held that development regulations promulgated by local entities must be consistent with an implement an adopted comprehensive plan. See, e.g., The Children's Alliance and Low Income Housing Institute v. City of Bellevue, CPSGMHB No. 95 -3 -0011, 195 WL 903167, *9 (1995). Growth Management Act (GMA) requires that development regulations (e.g., zoning ordinances) are "consistent with" and "implement" comprehensive plan provisions. RCW 36.70A.040(4)(d) provides: The county and each city located within the county shall adopt a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan not later than four years from the date the county legislative authority adopts its resolution of intention, • 'This directive represents a movement away from the traditional concept that the comprehensive plan is simply a guide or blueprint for land use planning. In a manner consistent with the recognition of the comprehensive plan as the "central nervous system," the implementing rules and regulations mandate actions which will carry out the directives of the comprehensive planning process. . 4 11, Mr. Philip A. Lamb City of Yakima - Hearing Examiner RE: Simpson June 18. 2001 Page 3 A similar directive was adopted by regulation: WAC 365 - 195 -800 relates to development regulations and states: (1) Development regulations under the Growth Management Act are specific controls based on development or land use activities by a county or city. Such regulations must be consistent with comprehensive plans developed pursuant to the Act and they must implement those comprehensive plans. Growth Management Act (GMA) recognizes consistency and implementations as benchmarks for accountability and predictability in the land use planning process. The case of City of Bellevue v. East Bellevue Community Council, 91 Wn.App. 461, 957 P.2d 267 (1998) is instructive on the interrelationship between the comprehensive plan and development regulations. In City of Bellevue, the municipality adopted a comprehensive plan which allowed a range of permitted densities. The comprehensive plan became a binding guide for local land use planning. The City then undertook a number of specific rezones to satisfy the GMA's requirement that zoning regulations be consistent with the comprehensive plan. City of Bellevue v. East Bellevue Community Council, 91 Wn.App. at 463 -464. The local procedure allowed East Bellevue Community Council (EBCC) an opportunity to review the proposed rezone and conduct a public hearing. Despite the fact that the rezone was within the allowed range of densities, EBCC voted to deny the rezone because a lower range of densities would be more appropriate to control the area's high traffic levels and protect sensitive areas. City of Bellevue then sought review of EBCC's denial of the rezone. After addressing issues of appellate review and jurisdiction, the court concluded that EBCC acted without legal authority "in disapproving the City's rezone ordinance." The court stated: But the GMA requires that development regulations such as zoning ordinances be "consistent with and implement the comprehensive plan[.)" RCW 36.70A.030(7), .040(3)(d). It was held: We affirm the lower court's ruling that the EBCC acted without legal authority in disapproving the City's rezone ordinance. Ordinance 4828 satisfies the GMA's consistency requirements because the rezone densities are allowed • under the comprehensive plan. The EBCC had their opportunity to disapprove the comprehensive plan amendments that imposed the density ranges on the parcels at issue in this case. Its failure to do so by a majority • Mr. Philip A. Lamb City of Yakima - Hearing Examiner RE: Simpson June 18, 2001 Page 4 vote amounts to approval of not only those ranges, but also the policies that supported them. Allowing the EBCC to disapprove rezones that comply with the previously approved comprehensive plan would foster uncertainty in Bellevue's land use regulation. The comprehensive plan specifically contemplated that the densities later adopted in the City's rezone ordinance would be allowed. The EBCC, having failed to disapprove the high end densities, was not entitled to subsequently challenge them on policy grounds when specific rezones were enacted. The specific holding in City of Bellevue was that a denial of a rezone which implements adopted comprehensive plan provisions is invalid as a matter of law. This determination was premised upon the statutory mandate that development regulations be consistent with and implement the comprehensive plan. • The ro osed rezone in this case is clearly "consistent with" the comprehensive plan P p provisions. Yakima Urban Area Comprehensive Plan defines "High Density Residential" as follows: Apartments and densely developed planned residential developments ranging from 12 and above dwelling units per acre. A limited range of other land uses may be permitted, such as some professional offices and community services. YUACP, page III -9. The land use compatibility chart provides specific guidance with respect to proposed usages and notes that professional office and neighborhood commercial are "compatible with appropriate site considerations." The directive from Growth Management Act (GMA) is even more compelling in its obligation to "implement" comprehensive plans. As the Board in Johnson, et. al. v. City of Black Diamond, CPSGMHB No. 97 -3 -0001, 1997 WL 191458, *3 (1997), held: The consistent message of RCW 36.70A.120 prior to and following the 1993 amendment is that local governments planning pursuant to the Growth Management Act must implement their adopted comprehensive plans, and that the local government's implementing activities must be in conformity with 410 their comprehensive plans. T heightened responsibility for implementation has been codified in applicable he he ghte p y regulations. WAC 365 -95 -800 provides, in part, as follows: • Mr. Philip A. Lamb City of Yakima - Hearing Examiner RE: Simpson June 18, 2001 Page 5 "Implement" in this context has a more affirmative meaning than merely "consistent." [Citation omitted.] "Implement" connotes not only a lack of conflict but a sufficient scope to carry out fully the goals, policies, standards and directions contained in the comprehensive plan. See also Hensley v. Snohomish County, 194 WL 903186, *3 -4 (1995) ( "implement" in this context has a more affirmative meaning than merely "consistent. ") The legislature and courts of Washington clearly contemplated an affirmative responsibility on the party of a municipality to adopt consistent and implementing development regulations. The mandate prescribes the adoption of development regulations of "a sufficient scope to carry out fully the goals, policies, standards and directions contained in the comprehensive plan." The high- density residential land use designation (together with compatibility chart) contemplates a potential for mixed usage which includes professional office and community service oriented activities. When coupled with a development agreement. the rezone in the present case fulfills the statutory and judicial mandates of consistency and implementation. The proposal for preservation of the "Raymond House" provides a unique opportunity to meaningfully and rationally protect historic structures in our community. A challenge is presented in protection of unique properties located on busy arterials or near institutional developments. The strictly circumscribed utilization of a development agreement assures retention of the physical appearance and structure of the premises; enhanced landscaping and neighborhood buffering; and a limitation on use rights that balances ownership interests and community access to the facility. Bruce and Theresa Simpson's genuine and sincere love for this property and its preservation is apparent from the application and hearing. They will be wonderful stewards of this property and will maintain a showpiece worthy of pride and enjoyment. It is unfortunate that this community does not have more people with this level of community commitment. Very truly yours, James C. Carmody JCC:ji /jmf • a OFFICE OF HEARING EXAMINER FOR THE • CITY AND COUNTY OF YAKIMA PHILIP A. LAMB 311 NORTH THIRD STREET. P.O. BOX 4 (509) 248 -0706 YAKIMA. WASHINGTON 98907 June 28, 2001 Mr. James C. Carmody ikan]e, Moore & Shore, Inc. P.S. P. C. Box C2550 akima, WA 98907 Re: Bruce and Theresa Simpson, 3111 Tieton Drive Dear Mr . Carmody: Thank YOU for your let ter /leoal memorandum dated June 1 8 8 concerning consistency of rezones with the comprehensive • pl al. 7.� 1 am i.lcl to recommend this rezone, subject to a development agreement, for approval. This is contingent u pon three items with which I ask your assistance. rS- _ would like to see ^ Yevised site plan, co scale. � The site plan would show the driveway to 32n- located between the existing fi_ trees, as wide as possible wh st ill preserving the large trees, with appropriate clear view triangles at 32' Parking north of the driveway would be reduced, perhaps by three spaces, starting approximately at the west end of the house, and proceeding east. Reducing the number of parking spaces is probably necessary in order to accommodate turning movements from the driveway after clearing the east end of the trees. Putting the driveway between the trees is an effort to preserve the trees and still accommodate two -way traFfi- My estimate is that there are 20 to 21 feet between the trees. Clearing the vision triangle at the driveway will mean removing the shrubbery in that area, and probably also the remnants of the rock wall at the corners. Utilities would not be relocated, but the curb cut would ,a probably be redone. The site plan should also Yefilert a widened and perhaps relocated somewhat to the east driveway to Ti . EXA MINER NG Exhibit Page Mr. James C. Carmody 1 11 0 Velikan j e, Moore & Shore, Inc. P.S. June 28, 2001 Page 2. driveway in its present configuration will not accommodate two-way traffic. This will 1 also entail revising the retaining walls to some extent. Second, please Y with City Planning staff the status of the hospital parking lot immediately to the east. M r is that the lot is zoned R -1, but was approved by me for use by the hospital as a parking lot as part of a Class 3 review of the hospital's office building. I am inclined to approve use cf the lot for after hours park for the Simpson' s, but am. curious whether this can b e done in this Proceeding Although use of the parking lot was cont in this application, I doubt that the legal descriptions included the lot. I will appreciate your -e vi- -. , w o this matter with staff and your subsequent written analysis. RThally, please prepare a proposed development • agreement. The agreement should include a description of all proposed uses, subject of course to building and fire code and .DA requirements. Coffee house and reception limitations should include the follow 1. All outdoor receptions and coffee house activities shall terminate at 10:00 p.m. 2. 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U -H )-I - 14 U) - c - 0 , -1 C: .0 O - 0 0, - 0 N u) ) (1) -H N a) u) 01 n) u) ro (3) U C: -r1 0, U C: .0 (1) .C: 0 U . -1 .--1 0 0,-1 31 0 in "U O U • , --1 C 0 -r - 0 - , - 1 "0 E (1) E •i U U) 0 0 c: r0 (U a) C: U - tJ ro - r - I :7 a) a) 0 (1) (0 1•1 r0 0 0' ! 1-I (1) 0 (0 .0 0 a) C -,-I 1-I O U) U) a) O (I) O O (0 r-I r--1 _C: 0 a) 14 ro 1 0 0 .c. ,L. O 1-4 O .0 O (1) r-1 0 (1) 0 i • > 17 A, .IJ (u C: (U .iJ 0, U -r) (0 0 u) ,0 N U U 0, n, 1) .IJ (P n) F. 0..0 U .,J .lJ -IJ 0, : .IJ S) 0, U U) 1_4 U I • • • 1 ri 1r 4 11 0 James C. Carmody Velikanje, Moore & Shore, Inc. P.S. June 28, 2001 Page 4. Given the level of controversy over this project, by a copy of this letter to Planning, I will let them determine how to notify some of the neighbors that there will be some additional delay while you respond to this letter. Best personal regards, -- T)U41 ( Philip A. Lamb PAL/ c�. Dan Valoff, City Plann • John S. Moore J. Jay Carroll Metiner G Kimel ca n j e Moore & Shore, P.S. Morris G. Shore Mark E. Fickes Travis W. M:sfelot a t t o r n e y s at I a W George F. Velikanje Douglas L Federspiel Garon K. Jones • • Alan D. Campbell Brendan V. Monahan James S. Elliott V James C. Carmody Kevan T. Montoya J. Gabriel Ibarra M S Carter L Field Nancy L Livingston Sarah L. Wixson E. Frederick Velikanje, RECEIVED of counsel August 3, 2001 . ^ i r ■; LAMB LAW OFFICE Mr. Philip A. Lamb City of Yakima - Hearing Examiner Lamb Law Office 311 North Third Street Yakima, Washington 98901 Re: Bruce and Theresa Simpson 3111 Tieton Drive, Yakima, Washington Dear Mr. Lamb: • This letter is written in furtherance of your correspondence of June 28, 2001. I have enclosed the following: 1. A draft Development Agreement which has been prepared pursuant your request in the recent correspondence. The Development Agreement is patterned after the agreement utilized by the City of Yakima in the rezone of the Mercy Development property at 16 Avenue and River Road. We have attempted to incorporate all of the conditions which have been discussed through the public process. 2. A revised site plan and site plan notes prepared by Bruce and Theresa Simpson. ! believe that this material has been previously provided to both the Hearing Examiner and City of Yakima. ! n an abundance of caution, however, I am also enclosing a copy of those materials. We appreciate your conscientious consideration of this matter. If there is any additional information that you would require, please feel free to contact me and we will immediately respond to the request. Very truly yours, (� ri — . .._50,.1,rrr \ z&ii mes C. Carmody N% S JCC:;i Enclosures HEARING EXAMINER Via Attorney Messenger Service c: Dan Valoff, City of Yakima Exhibit Bruce and Theresa Simpson Page, / of 405 East Lincoln Avenue P.O. Box 22550 Yakima, WA 98907 (509) 248 -6030 fax (509) 453 -6880 DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is entered into this day of , 2001, by and between CITY OF YAKIMA, WASHINGTON, a municipal corporation organized under the laws of the state of Washington ("City'') and BRUCE SIMPSON AND THERESA CAMPBELL - SIMPSON ( "Simpson "). RECITALS A. To strengthen the public planning process and provide certainty to project development, the legislature of the state of Washington enacted RCW 36.70B.170 -.210 (the "Development Agreement Statute "), which authorizes the city to enter into an agreement regarding the development of real property located within the city's jurisdiction with any person having an ownership interest or control of such real property. B. Simpson is the owner of certain real property located at 3111 Tieton Drive, Yakima, Washington, 98902 (Assessor's Tax Parcel No. 181323 - 33003). The legal description is attached as Exhibit A. The property is presently improved with a historic Tudor structure commonly known as the "Raymond House." The property adjoins Yakima Valley Memorial Hospital and is located at the intersection of Tieton Drive and South 32" Avenue (a signalized intersection). C. Simpson has proposed a rezone of the single 0.68 acre parcel from R -1, Single - Family Residential, to B -1, Professional Business. The rezone is consistent with the adopted Urban Area Comprehensive Plan for City of Yakima. The rezone application is coupled with applications for a multi -use building including coffee house, hair salon, professional office space, and facility for private receptions. The purpose of DEVELOPMENT AGREEMENT 1 JCC- C: \DATA\AGMTsimpson.dev.wpd • the applications is to preserve the historic structure and grounds while allowing limited and defined usage of the facility. D. A revised Site Plan has been provided based upon comments and requirements of Hearing Examiner for City of Yakima, by letter dated the 28th day of June, 2001. A copy of the revised Site Plan is attached as Exhibit B and incorporated by this reference. E. City and Simpson agree that the rezone and approved land uses shall be limited to the specific proposal presented in the application and that no material modification, expansion or alteration of such use shall be permitted without compliance with applicable ordinance procedures governing such matters. F. City and Simpson are entering into this Development Agreement to provide certainty for planning and usage of the property and to assure the limitation of permissible uses to those identified and reviewed by Hearing Examiner and City Council. NOW, THEREFORE, in consideration of the mutual promises herein, City and 4111 Simpson AGREE AS FOLLOWS: 1. Rezone of Property. The rezone of the property located at 3111 Tieton Drive, Yakima, Washington, shall be expressly conditioned upon the terms and conditions set forth in this Development Agreement and approved uses shall not be materially modified, expanded or altered other than by subsequent public process applicable to ordinance amendments (rezones) and land use processes. 2. Site Plan. Any and all use of the subject property shall be consistent with the Site Plan attached hereto as Exhibit A. Any material modification or alteration to the Site Plan shall require public review in accordance with applicable ordinances relating to ordinance amendments (rezones) and use review and approvals. The use of the property is expressly conditioned upon reconfiguration of the property (including property and access) in a manner consistent with the referenced Site Plan. 3. Approved and Permitted Uses /Occupancies. Simpson shall be authorized and permitted to conduct only the following uses of the subject property: (a) Coffee Shop. A sit -down style coffee house shall be located on the main floor of the existing structure. There will be no chef or commercial kitchen facility. Most food items will be prepared off -site, such as muffins, scones and dessert items. DEVELOPMENT AGREEMENT 2 JCC- CIDATA \AG MTsimpson.dev.wpd The coffee house shall be subject to limitations more particularly set forth in Section 4 • hereof. (b) Professional Office. A professional office for a food ingredient brokerage firm may be maintained on the second floor of the existing structure. No retail business shall be permitted and any conferences/meetings will be by appointment only. (c) Hair Salon. A single seat, appointment only hair salon shall be allowed and located on the main floor and operated by Theresa Campbell- Simpson. The salon activity may include an esthetician or masseuse, which shall be located on the second floor. (d) Tutoring. A part -time one -on -one tutoring center shall be authorized in a portion of the basement of the existing structure. (e) Receptions. The existing structure may also be utilized for receptions or private gatherings on an appointment basis and subject to limitations set forth in Section 4 hereof. 4. Limitations on Use. The coffee house and reception uses shall be limited as follows: (a) All outdoor receptions and coffee house activities shall terminate at 10:00 p.m. (b) Outdoor amplified music, live or recorded, is prohibited, except that background music which may be provided in the coffee house may be conveyed to outdoor coffee house patios, at a volume no louder than that occurring inside. (c) Any modifications to the project which result in intensification of any approved use shall require amendment of the Development Agreement and a public hearing. (d) A single wooden sign with ground based spot lighting shall be allowed at the location shown on the Site Plan. 5. Nonassignability of Agreement. The approved uses and this Development Agreement are personal to Bruce Simpson and Theresa Campbell - Simpson, or their survivor, and are not transferrable or assignable without a public hearing and amendment of the Development Agreement. DEVELOPMENT AGREEMENT 3 • J CC- C: \DATA\AGMT\s∎mpson.dev.wpd • 6. Modification /Amendment. Any material modification, expansion or alteration of uses as outlined in this Development Agreement shall require a new public hearing, unless otherwise determined by City of Yakima. 7. Recordation /Binding Effect. Pursuant to the provisions of RCW 36.70B.190, this Development Agreement (or memorandum thereof) shall be recorded with the real property records of Yakima County, Washington. This Agreement is binding on City and Simpson or parties which have subsequent interest in the property. 8. Notices and Demands. Any notice or demand which either party hereto is required or desires to give to or make upon the other shall be in writing and delivered or mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: In the case of City of Yakima to: City of Yakima c/o City Manager 129 North 2' Street Yakima, WA 98901 in the case of Simpson to: Bruce Simpson and /or Theresa Campbell- Simpson 3111 Tieton Drive Yakima, WA 98902 9. Effective Date. This Development Agreement shall be effective upon a final determination approving the rezone and use applications by the appropriate legislative body, with such decision not being subject to any further or additional appeals. 10. Incorporation of Recitals. The Recitals contained in this Agreement are hereby incorporated into this Agreement as if fully set forth herein. 11. Other Necessary Acts. City and Simpson shall execute and deliver to the other all other further instruments and documents that are reasonably necessary to carry out and implement the rezone and land use approvals, and that are otherwise reasonable or necessary to provide the full and complete enjoyment of rights and privileges under this Agreement. DEVELOPMENT AGREEMENT 4 JCC- C: \DATA\AGMT\simpson.dev.wod 12. Covenants Running With the Land. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to Washington law. Each covenant herein to act or refrain from acting is for the benefit of or burden upon the subject property as appropriate, runs with the property, and is binding upon each successive owner or occupant of the property. 13. Covenant of Good Faith and Fair Dealing. City and Simpson shall use their best efforts and take and employ all necessary actions to ensure that the rights secured through this Agreement can be enjoyed, and neither party shall take any action that will deprive the other of enjoyment of the rights secured through this Agreement. 14. Venue and Applicable Law. City and Simpson agree that venue of any action hereon shall be laid in Yakima County, Yakima, Washington, and that this Agreement shall be construed according to the laws of the state of Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF YAKIMA a Washington municipal corporation 10 By: City Manager BRUCE SIMPSON THERESA CAMPBELL - SIMPSON DEVELOPMENT AGREEMENT 5 JCC- C :\DATA\AGMTsimpson.dev.wpd • EXHIBITS A - legal description B - revise site plan [TO BE ATTACHED] • • • Site Plan Notes 12) Location and type of existing and proposed landscaping including landscaping located within the public right -of -way. Over time we plan on planting more Cedar Trees along the North property line to shield this property and the one to the North. We also plan on planting Cedar trees in the Northwest corner of the property. Over time we will add flowers and shrubs to the area to help beautify it. 15) Location and size of all parking spaces with the parking calculations shown on the map. In addition to the 15 parking. spaces and one bike parking area shown on the site plan, the hospital has given us permission to use the adjacent 60 plus car parking lot to use in the hours when they are not using it. This is after 5:00 PM during the week and on weekends and holidays. In order to save trees and help screen 32 Ave., the hearing examiner suggested putting. in 15 parking spaces. 16) Location and dimensions of proposed or existing driveway approaches • The west driveway from 32' Ave will have a 22 foot curb cut and will be 17 feet entering the parking area 32 ° Ave and will continue to be 24 feet through the 90 degree parking.. The South driveway on to Tieton will have a 30 -foot curb cut and will narrow to 24 feet through the parking area. It will further narrow to 17 feet east of the current garage area. Since this is a private drive it will help keep the speed slow around the building and on the site. Arrows can be painted on the driveway at the access points to the streets, for example, showing a right turn onto Tieton. At Tieton Drive the driveway will have a traffic island that will help direct traffic in and out. 19) Location and size of proposed or existing signs. The long -term intent is to put two signs. The location of the Tieton sign is shown site plan. These will be wooden signs with spot lighting shining from the ground on to them. The second sign will not be put in immediately. It will be on 32 °d Ave. North of the Clear view Triangle. 20) Location, type and description of required site screening. See the accompanying pictures for existing perimeter sight screening. We plan on • planting additional cedar trees on the North side of the property. We may add some type additional screening on the East Side as well. • Gross lot coverage: Footprint of building, patios, walks, driveway and parking. House, Patios, Walks, and Bike Parking ' A House 1,667 p�, 0 Breezeway 58 Garage 593 Patio A 20 x 20 400 Patio B 20 x 20 400 r Patio C 30 x 20 600 g Walks 4 x 300 1,200 7 „� Bike Parking 6 x 12 78 `a � 4,996 N- _ _ _( Asphalt Coverage C' • P �+� c� A 27 x 15 = 405 1 B 25x25 = 625 — ` — C 20 x 25 = 500 D 22 x 45 = 990 E 17 x 52 = 544 F 119 x 49 =3,808 G 20 x 20 = 400 H 27 x 20 = 540 7,812 Total 12,808 Lot Size 29,137 Total lot Coverage 44 % Landscaped area 16,311 sq. ft. • C 6 D A "%n 1 REQUIRED ATTACI-D .- 'CT: SITE PLAN .' No.: Producing the cite plan from this template is preierred. howev c the template can be substituted far your c., me.„--..:.--.;.. a-1 :s . . . : I i ' i 4••••._ _ , frz. c.' Fcricc_. I . , tIIIIMMIIIIIIIIMPA 111111111M111.1. WA I r 0 • ' 1 I I I I . ; • I I I i I / 0 i l Ill ilL /3 I I ' I - I I 1 • I 1 1 I I I . ..... . \ . Eighl#7'.. 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' C 6,..eb T in i 1r, Dr= i 4 V 5 i . i-- I ; i 1 I • ; 1 ■ . ; LOT rr)VFR kliF C , -.t C171 AOs: ' I pAR- cA! 0( 0 •'•.Tir) ritz. fere:Ice Table 6-1 of the Urban Area Zoning Ordmance) ' la) Footprint(s) of Exisong Sc-ucrart(s)--------- ZS 1 q, SQ FT I a) I space(s)required I 1 el h)Building Addition/New Sc .--, , °t;) ----- — SQ FT I b) I C 4 ' space(s) provided C he •'''l "''''''''' 1 l c) Paved Area(s) (Driveways, walkways, patic etc.) Total 7,0 ; SQ FT in nt cley , I O' FORM ______!_'_____ -) 517_ SQ Fr I IN.ccIONTr. arl in :11 Proposed Paved Arta(s) - nn 1 1 gz..i-2, I e) Total Inapervious Surface (a+b+c-t-d = t':---- 12 1 , 5 SQ F: Parcel itCs) CO 7, 2 t 30 SQ F.T I Site Address gl Lot Co,trage (ef x ic.D.: g".--------------- 4144 % I 1 zcain—R 7 I Ce,-P All ' 1 Legal Descnonon ,4 (brief) , ,t t V., . Li 7 f 4- 5. . r+ en \,,,,1 -; use the giver. scale. however, in sorre I ' Sian': S ck, /4 6 .- S ■Al I f ,-, e 7-=- C7.4 1-4 or 5 r z3,1 - 13 . N IZ circumstances a differen: scale may work bener.) che5k one -AILE--1= ! 16 E. V...1• M. e on the Ycr. K1 20 PT *gip CYceP T 5. 30 rr. N 5Preferred Scale: I inch on the n".c,9 = 20 feet ground i 4-I(- 1 • Son t Applicant Name. ' tA.. reSA C 0 CUSIOrn SCCI:e: 1 ir.ch. 'Site Address 1.1 1 TItitrb r. ; , I IL t , ...a. IA. /1.• cc ■10 7.- 1 , * Template tic rnarks art 1 inch apart (Mailing Address - / • • 2 l' • G. kkc i w e.. • • 1 if 10 2, I ' , 1 Cectact Person ! '5 I ``,..? S v r Contact Phone: (co - 6 q 7 - co 512' 1 • Produced by (brint) Date: (indtcy...e Norh) . i Applicant Signature: 1.-.),(1-,,,,Q,--,--"^"."-- Dace: 7 6 I . . • MEMORANDUM August 10, 2001 To: Phil Lamb, Hearing Examiner From: City of Yakima Planning Division Dan Valoff, Senior Planner �v Subject: Simpson — Draft Development Agreement I have reviewed the draft Development Agreement prepared by Jamie Carmody for the Simpson rezone at 3111 Tieton Drive. It appears to address most of the areas of concerns. However, I think the Agreement should have a provision mentioning the shared parking agreement with Memorial Hospital for the parking lot to the east. Or, the signed shared parking agreement between the Simpson's and Memorial Hospital could be attached. • • HEARING EXAMINER Exhibit P621—.L of w 11- > Q ..L > E CI __ _ w h .- > et N Q cn H O M E - D R 44/33 _ w � 447 33469 33 33492 w A A L N U T S T W W A L N L T > > "045 Z 33009 33010 w w 44040 3348N 33506 33012 > > - \ I Q Q 44011 44037 8.4038 N 11013 33011 < 33489 G _ _ � I t \. , \` = , 44012 / 33014 33015 - - 44014 33017 33016 33488 - - r _ = 44042 44041 F- 33484 +l .L i 1 . 44015 33018 33019 cn ,H r 44021 44020 to 33021 33020 33485 1 i 1 I ^.� L, i T i a 44031 44032 \1 ._ 1R.!. � I 44049 33022 ct, A . 44033 33447 �1 r-�, '� 44047 n • � ✓ 44034 83028 - N N I 64050 4404S 33486 6A051 77003 33024 N N T I E T O N D R T I E T 0 N D R / 11d1D 11422 22010 22026 < - 11497 X006 11409 11498 22007 22004;22003 22002 Q a - 22009 22506 22510 22514 / 22424 ` 11404 11612 y 22502 22505 22509 7 i1dDJ` u.: w ID 1 c 22501 22504 22508 22512 i ., 1 > > > S H E L T O N A V E rn 11402 1 C - < 22507 Q cn _ 0I TAI RF AVE cn E 4 A V E z N — _ N _ ❑ g — C1( ETT__ cn M cn W E B S T E R A V E _ cn cn cn 5 F CITY OF YAKIMA, WASHINGTON salt -1 in = Information Services - GIS n I 50 1 00 FILE NO: UAZO RZ #5-01. CL(31#6 -01. CL(2)#16 -01 18132333003 PPLICANT: BRUCE SIMPSON A REQUEST: REZONE ONE PARCEL FROM R-1 TO B-1 File I moo -C 7 FOR MULTIPLE USES Hearing E: aminerr LOCATION: 3111 TIETON DRIVE EXH # 0 , Mite "0 RZ -5 -01 Ati.14 01 File # UAZ? Pe-z 5-o / ItIDEX 11 4 W C E: c —S W 1 1 I • I I ! I> I I I . LL 1 '1 1 C • ' CI I W 4 r i I Sb 1>• i I 1.4 0 M E DR 1!' o 1 u./ 1 w r, ti- A-r-n- it -� - yr• A L N U T S T > 2 I 1 >' I > > 1 I 1. Q ¢ N 1 I� T _,1 i _ L L E ax — 1 1 1' R I 0 R I A L sa , r — SOS PIT A. M , N 11, T, . T O N o R "--- i- r- r- a- 7--- 7)--R ------ lc! d' ,, 1� 3 , , , , -4110 i - W W ` > > > S H L O N A V \ ;Cil -1 , f • V01 TAI PF AVE A.VE E P A V F I KE N BR AC I '�' W E B S T E R A V E N N . • �.,. �-q CITY OF YAKIMA, WASHINGTON Scale —1 in = 300n A Information Services - GIS O l50 300 V FILE NO: UAZO RZ #5 -01. CL(3'#6 -01, CL(2)#16 -01 ' Subject Property APPLICANT: BRUCE SIMPSON , REQUEST: REZONE ONE PARCEL FROM R TO B-4 - - - Zoning Boundary 0 FOR MULTIPLE USES : : :: Yakima City Limits LOCATION: 3111 TIETON DRIVE RZ-5-01 04124/'01 _ UL)v• INDEX # (45 �•''' .� '' I r : 1- C E 1' F. f „.„:„ 1 ,,,,ikrif- 1 , , ,,,;.. -i... j , ri.ftiii. -.:- - ii, I ' I I I PI i.'i II - ...- 1 ' • AI . 'tf. , . i . L IN it, _ — - 40 IP-- 7 Aw ildik` ' - ,., , -:....„, 1 L i?li : ___. _ . A...arc sa l - I I I I - .,--- ..-. k ;II 4 4 ,,,, 4 ., !w ..-.; — 1 li ...i -4- II - ,. W r ,+.: ,' Lu 1.111.11141- ' ijitib.,A . r.r.r4 > A L j aplingir _ , j 1 -0-- 1r .19: _ . , , . . . . e . II 1 I . seg _ P ' _. f .... ____ . ., . A itiFil x.._ i , irnov E r _ .N, A L if , _ _. .,_ 0 Ili , + ' t i . . mEi m t .;z ' -_ t ■ i_ • ... ..: w a j) ',IN_____60 . 4, 1 1 t,t t pt: i : ilikalch l 0, 1 • „7, ... A . M.... Al •"■• . .. 7,----r i .- ti 4IFe . ‘ 1AI "A • . ..., .0. ,-- t 4 . 4 i ' II ' -.* 1 pr i o , ! . , , a.* 21 1 )5 It :1' ' ' ..: ; I ' — - ' t _ , s . ..741411 . , 4 , - -, .• t„,. 4.." : 'IF Ir III .ii 7 Al l let _ r r e I � 1 ' W W rip '` L• - l> SHE L T n N A V E Italia „' . 1 tik 741 - 7 . .__S ins II k , iN 11 i '11L__'1111 'TM, , igi --: - - --,. it: „,- -- . _ , 1.1 iti . ,,,i.,,, ,....,.... , \ ,.,„,c„. , . ., _I _.,,,, .._ m it ,. , • .. .... , � "°SfNtE NI:' - -4 ' - " F ‘i MA -=` . 417 Tori c/3 - , - B S T E R A U. E ' g ' ,A '.t- _� ,. -. ... "No. -a 2..s. ' . i. 4 vs -a. Ilr - --71 . ' ----- ‘: : *s. ' --- ��' i _s: F - �/' — c_ -'fir- c'•r- _� " - - -- N A CITY OF YAKIMA, WASHINGTON Scale -tin immimmunn Information Services - GIS o 150 300 5 FILE NO: UAZO RZ #5 -01, CL(3)#6 -01, CL(2)#16 -01 APPLICANT: BRUCE SIMPSON Subject Property REQUEST: REZONE ONE PARCEL FROM R4 TO B-1 Zoning Boundary FOR MULTIPLE USES • -- Yakima City LI m It s LOCATION: 3111 TIETON DRIVE RZ -S - OI D4/24 n J. INDEX UAZO RZ #5 -01, CL(3) #6-01, CL(2) #16 -01 [ I SR Suburban Residential BRUCE SIMPSON H -__ 1 R-1 Single-Family Residential _ _ -- l ►'' —J R-2 Two - Family Residential c I ` W REZONE ONE PARCEL FROM R -1 TO B -1 R-3 Multi - Family Residential -- —' 8-1 Professional Businesses 11 MULTIPLE USES - B2 Local Business 1� r 1 TIETON DRI VE '� Historical Business -- ; 2D SCC Small Convenience Center LCC Large Convenience Center 'S /. Subject Property • CBD Central Business District : I CBDS CBD Support r d — City Limits ! 1 M -1 Light Industrial — M-2 Heavy Industrial C tL — M w _ � S L Gd I- I 1 j ' N I d 1 M f DR —I--- l 0 ( ) iii 3T I i — Z — w I W'— WA-6 N1J T _ O w > > 4 L CV ).- A I� I I��I A — I �i ALLEY N 11 1 tr U N M "' 1 - ' OSPIT 4t 1 i W ` TI E T O N D R T I E T 0 N D R vs "" . -. _._ j S H E LTON A V Ift. c' l < V, _ _ • :7 A V E —_j — - - - - - R A V F -- ' � -- — -\ - -- -- 0 6 Fl A C K E - - W E S T E R A V E \ / N _ to - --(A — - 11110i 1 r.— -- -- - - - -- ______.0 - -- _ . l i ' Scale lin =300fr N ♦'� e'T DOC. City of Yakima, Washington .INDEX , o . 1 in )1 h/1( 0 R Z -5 -0 300 April 24 , 2001 ° ti, � ' ' , " # �[ II irr ea t I 1 215 216 Y15 216 215 216 Current I ' I I M E D R i Yakima o e 217 216 217 218 217 216 Zoning - ■ - Lasim . — Ili' I � - i - _ I Water & Sewer 6 W I 220 C 219 220 219 222 219 220 L_ T . 0 ----' > 401 3206 404 Z 401 402 W 401 400 W - - - -IN t I ' 1 . ,_ — 403 403 -1 404 > > 1 - 3 - , I CV 403 _ 2 CURRENT ZONING - Y A K I M N Water Line 4 406 1/2 408 < Flu:, < SR Suburban Residential , lii'I a 407 M 407 406 407 _ 3305 410 1 _ R Single - Family Residential P V A L L N Sewer Lines 409 409 410 I 1 w i MI = 413 412 411 412 a R-2 Two - Family Residential - - r 414 01 a- 411 d 415 o 6 I —' M EVI N Irrigation Main imi 417 R-3 Multi Family Residential L C 417 416 r . M i _ r M 3209 416 B-1 Professional Business I O:0 — r...,. u, H C 3311 3307 3301 3111 „ v 20 3207 420 Ill B-2 Local Business I 0 0 HB Historical Business _ - T O N D R T I E T ON — • 11111141111, - -- r:�ur 601 ._3308___ 602 I i I I SCC Small Convenience Center . L e I 611 605 606 601 602 601 3106 602 R e III LCC Large Convenience Center J I I I � 1 I 605 605 ' 604 I 1111 CBD Central Business District 607 606 606 . - 615 1 616 6/3 - 611 610 607 606 29 SCC CBD Support 6 I � T I II I 615 614 609 614 M Light Industrial � a _r u '+ w. SHE L 6 — - • ' 1 ', • r 617 i 620 621 610 — ip 616 M Heavy Industrial ' _ !I r'r . 617 616 > > 2910 - 619 , > 619 V111 LA I R F 1(V E701 620 Q <, ' 2906 1 I : 3ilrilMJ • EE — - II 622 __ 621 620 621 & ill (11 705 624 j 626. 702 703 623 FILE NO: UA2O R2 #5 -01, CL(3) #6 -01, CL(: ,� 622 �'' 1 \ . c — APPLICANT: BRUCE SIMPSON W T �r i j Future --� _ Digital H O M E D R — �nd Use ? �' H- O _ D , Ortho hoto . l' Ireakt,, . ... i . *„ ., . . t • - - � • •i • Mosaic of Digital Z i W J 4 - r = ` -'ft : 1 l • • Orthophotography > ? .% `Il _ ; ' flown 03 /12/94 M v S CV y T < .., .. ,b. .-- ,:_s . 4*-41ii . M FUTURE LAND USE mt ` rt • t • - 1 j r . .... `' _ Of ` �� " 1 . A L , J v Low Density Residential ii. • ' ' • .� r t e • a — M edium Density Residential .� _ _ + • 4 i l�� E ►r . S • : `- ,. ff T • 7 ` * > t _ — 1' .. 11: 1 ' � , ^ 1 � • . j I t + + r = 1t: r ? ! i II / $;° a — r I O. 1 - R p ORpT Cl Neighborhood Commercial - ' ` I I EO J _ 111 Nei g � .. i#1 a !- � .,(• -. - ms s, t.X,. I t l� ' W T O N D R T I E T 0 N 111 Large Convenience Center ,T 0 TP � - - R - - - -- "- I \\\`v I , � _ 1 f � •� � Arterial Commercial „/ : t : 1 ■ CBD Core Commercial j ,. r 1/4. - CITY OF YAKIMA ._......:: :1 • • • ' . { DEPARTMENT OF COMM AND I — — — Industrial O s : 411-- • ECONOMIC DEVELOPEMENT F -- -, - - -- — Urban Reserve l . 1 .. to r `, 1 `f7 + 129 North Second Street c a- +' W SHE L T O . -pi • { - 3. - 1 Yakima, Washington 96901 >� • i ti' M Phone: (509)575 -6113 '< - ' • Fax: (5091575-6105 • a Z - -� , � - - - -- , �� � . . DEC. 11 • All mope shown at 1' = 300ft r = .,...•. *r I -- � : • ■ • - i I LL.. One page Aril2,2001 INDEX Created: April 24, 2001 e2 _..., v.., REQUIRED ATTACHMENT: (< F • SITE PLAN Note: Producing the site plan from this template is preferred, however, the template can be substituted for your own n um.(compntex aided is acceptable). 0 1 ■ r t 1 t I I t , G' Fe. nc e. I t 4yFe.,4� t 46144 / O 0 R c) 0 C) . - C) O it. 1 a I , 1 4 0 .. ► Z 3 4 Q 6 6 7 8 7 iv it ill- /3 I! M ` � 1 • t Par w - 1 t S In vv t V. N V k ZOI I I— $av/e." • S DrtVt WAy , eas,e mewl- U 1 V.I. IN R , / O . M . Y . =.,. RI/ l C W. +.1- Pa o f . ‹ ,.i.- : -: t_ f its fi : :_�. at. 1," . II Pa `i i -A 4 F -r. ..,. r1.„.f4.� r�., eo-.n „Q4, re x yet pr' 3r -s - . - ;'t! a I _ 54'. ::: a - _,. ':..;x.447 :�?= : • 4 .,, { ` , . ` • V ` lr . P4u Arep.- 1 I • O L•”' i 1 r -ff .= ' s, N %SL l s r . t c c.k ' , , _ FL,. s.tis.... i?�% 'ifs : • l t; — — — — —k 1 / 1 A+'+O Amzt. ■ O 1 Q P 1 _l. I • 1 • 0 . 0 i 1 i 1 - M 1(II �1Ifl 1 O . t - 0 1 O i : + '.." \\\ cs................/) 51 R H O Woad ix; ,,, ,� f c' Iz'c° , I 7 _ r' stdevs... / • 3 d' - ` — • cIwbGt,_ ....' . • t ao RECEIVED A UG 0 3 2001 R — I -- -- --.. --- -- - -C ITY OF YAKIMA PLANNING DIV. • I I I I I I I I I LOT C:OVFRA(OF CAI .CULATION PA G CAI f.111ATION (Reference Table 6-1 of the Urban Area Zoning Ordinance) . • Z3 I ei SQ FT a) IJspace(s)required a)Footprint(s) idon Existing Stmctme(e) "54 �6/ 15 he&eIw7 cl,arhiwer b)Building Addition/New Suns yrfsl Fnotorint(s) -- SQ FT b) � --spys ) provided S 9 c) Paved Area(s) (Drivewaysalkways, patios' etc.) Tota1�L7 B SQ LOT TNFORMATION(Print clearly in ink) nk d) Proposed Paved Surface 4I SQ FT P L arcel #(s) 1Sit3Z3— 300 nk . e) Total Impervious Surface (a +b+c+d = e) (Z $08 SQ FT p r• Lot Size 2' ± SQ FT Site Address 3 (1 1 'r''4 b ' L �K., .+ n t w A • y % Zoning 2- 1 Co.,P P1&. R - 3 • f) g) Lot Coverage (df x 100 = g) , Legal Description (brief) 11.1 l at • y F-f n S. 20k F+ o• Vt / Iv a G' MAP SCALE (Please use the given scale, however, in some � e V4 ti 5 C IL err F N1 20 PT Asf b CC c l�P T rZ3,T13 3 FT circumstances a different scale may work better.) ARROW che5k one $ACKGROIIND INFORMATION . 'Preferred Scale: I inch on the map = 20 feet on the ground y}, - Applicant Name pi r u e G t Mp S o K T } 1e •e $A Cat+.pbtt I - S t s rpJo/t D Custom Scale: I itch = T � Site Address 3 111 T e b r\ r. 4,.,_ IL t ►a n W A• 1 t 1 to Z • Template tic marks are 1 inch apart Mailing Address t� Z1 b S. j4*' C � & tw t o . { o Z A. 4 Iv Contact Person g r It IA 5 t .M> S ten Contact Phone: (504 G 47 - cost) Produced by (print) Date: (Indicate Noah) Date: �] ( ( i D I Applicant Signature: • 1 Public Hearing 6/14/2001 o 0 (7: o Mlh Re: 3111 Tieton Drive Yakima Who are we? We are Bruce Simpson and Theresa Campbell- Simpson. We were born and raised in Yakima and the Valley. We live within a mile of this property. We are two hard working people who are looking at this as a way to serve the community enhance a beautiful property that is unique and worth saving. In general our goal is to preserve this wonderful Tudor House and open it to the public for its' use and enjoyment. We want to retain the character and flavor of the Tudor House inside and out as much as possible. Our vision is to create a positive place that the neighborhood and community will enjoy. We want this place to be a House of well -being for the community. Through what we are doing we are inviting Yakima to share in it's own heritage. We are trying to create a quality establishment that will bring. people together in a positive way. How we are doing this is to change the use and zoning so that it can be used as a service type facility for the community and us. • Theresa and I plan on working there together. . The Tudor House was built over a period of two years by Fred and Jean Raymond. When it was originally built in 1930 it had a great view of Mt Adams and Mt Rainer, the streets were smaller and much less traveled and there were few neighbors. It was a normal setting for a house of this magnitude. Since then the city has grown up around it. Specifically we are seeking to rezone this property to allow a multiple use facility. We have gone through a rezone process to change the Comprehensive Plan map for the property from R -1 to R -3. During this process there were three public hearings and we had two neighborhood meetings. Because we want to preserve the property and in order to do this we need to enable the property to support itself. The multiple uses we are talking about will all be under the ownership of Theresa and 1. We will be working at the house together. Not all of these uses will be operating at the same time. There are three primary uses and three secondary uses. On the second floor we will house my Industrial Food Brokerage Company. This is primarily a Fax and Phone type business with very few visitors. It has 2 '/ employees including me. It will operate from 8: AM to 5 PM Monday through Friday. There may • be limited Saturday use by one person -me. I sell industrial Food Ingredients that manufactures use to make finished products. I represent companies like Tree Top, Gerber. Valley Processing and others. I have few visitors. The average family many • more visitors in a week than I have in a month. The second primary business is Theresa's Hair Salon. This is a part time (approximately 20 hours per week), by appointment only -type business. This will be in the ground floor of what is now a garage. This will operate from approximately 10 AM to 6 PM Monday through Friday with limited hours on Saturday. The third primary use is a Coffee House on the ground floor. This will have Initial hours of 6 AM to 6 PM Monday through Saturday. It may be extended to 9 PM on those days and possibly 6 AM to 6 PM on Sunday depending on interest by the community. This will be a sit -down style Coffee House not a drive through espresso stand. This will serve Coffee, Tea and Juices. It will also serve pastries and desert that will be catered in. it will not have a Chef or a Cook per se. It will have a microwave or other item to warm things. This is the part of the Tudor House use that will allow people to really gather. experience the well -being and service offered. and enjoy the ambiance and setting of the Tudor House. In our vision this usage be a vital part of the neighborhood and community adding to the strength. character and positive fiber of the city. Of the secondary uses will be a place to have one on one tutoring done by Theresa. This • will be done in the basement and will be done from 3 PM to 6 PM Monday through Friday. Since Theresa is the one doing this it will not be operating when the hair salon is. A second secondary use will be a place for receptions. This will be done out of the basement and will be done primarily when the Coffee House is not operating. The parking for this will be the parking on site and the 60 -car hospital parking lot which is adjacent to the East. A lockable Gate in the fence between the two properties will access this. This will operate approximately from 3 PM to 12 AM Friday and Saturday night and possibly Sunday afternoon. This will have one employee. The other secondary use will be a place for an Esthetician (a person who gives facials) or a similar type spa type service. This is another part time venture operating approximately 20 hours per week. This is the only part of this that will not be operated by the owners. This will be housed above the garage and will operate from 10 AM to 5 PM Monday through Friday. This all sounds like a lot of businesses and activity. Not all of these things will be operating at the same time. Three or four of them will be operating at the same time. We see the use of this property as we are asking to use it as somewhat similar uses to what the adjacent hospital is doing now. With the trees and landscaping in now and what we will add —and with the Arterials on each side of this property we see this as a natural buffer between the more intense use of the hospital and the residential pan of the neighborhood. This can be seen as a transition between the hospital and the neighborhood. One of the concerns is having free use of this for any business activity. We are working with the city a will do a development agreement which is a legal document that limits the activities and uses of the property while we have it an after we no longer own it. The only way this document and uses can be changed is by going through the public hearing process. We are willing to agree not to be open all night, not to have a fast food store, or a convenience store. We are willing to not serve alcohol. We believe this agreement will mitigate many of the unfavorable uses that might ordinarily be allowed in a B -1 zone. The Yakima Urban Area Comprehensive Plan has many goals, objectives and policy's that pertain to land use. We have indicated in our application over 20 of these to which this rezone adheres. Hopefully these have been well thought out and are used as the • basis for zoning and rezoning decisions. There has been a lot of discussion in the media about the economic climate in Yakima and what can be done. We see what we are doing as investing in this neighborhood and community. If we didn't believe in what we are doing and that it will benefit the community we would not have stepped up to the plate. We urge that this rezone be granted and that the property can be preserved and opened and enjoyed by the community. RECEIVED JUN 1 4 2000 CITY OF YAKIMA PLANNING DIV. DEPARTMENT OF COMMU ITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION 129 NORTH SECOND STREET YAKIMA. WASHINGTON 98901 IN REGARDS TO THE SIMPSON REZONE. 3111 WEST TIETON: WE ARE OPPOSED TO ANY ZONING CHANGE ALLOWING BUSINESSES AT THAT ADDRESS. A CHANGE IN ZONING WOULD ALTER THE RESIDENTAIL CHARACTER OF THE NEIGHBORHOOD AND IN EFFECT CONSITUTE A "TAKING' OF PRIVATE PROPERTY BUT LOWERING HOME VALUES. IT IS INAPPROPRIATE FOR TO CONSIDER ANY ZONING CHANGE THAT WOULD INCREASE TRAFFIC OR NOISE IN THIS AREA. r RICHARD AND JACQUELINE BUSH • 3209 HOME DRIVE YAKIMA. WASHINGTON 98902 •-/ • RECEIVED June 11. 2001 JUN 14 2001 Tin: City of a. Dept of Community & CITY OF yAKImi: Ecomonic Development Planning Division PLANNING DIV 129 North 2nd Street akim a. V,. a 9S901 From: Scott A. Smith 411 South 32nd Avenue Yakima. V., 9S90: SubiecL "Simpson Rezone" To whom it may concern: My family lives two houses north of the proposed property. We have lived there for almost nine years and have enjoyed the neighborhood. We would not enjoy any development of our neighborhood. Any expansion or development of 32nd avenue would be detrimental. Our three children. ra five year olds and one two year old go to bed well before the proposed bussineses Plan to close making this already difficult task even that much more difficult because of the added traffic and noise. There are already households used as small low traffic businesses on 32 avenue and they differ greatly from the nrc,nosed nroperty in that the Simnsons do not. and don't plan to. live at the proposed nroperr.v. 1 wonder if the Simpsons would appreciate someone proposing an establishment that will have five seperate businesses two houses from thiers on 24th avenue and possilble further expansion. I don't think so. farther expansion of my neighborhood. • . 4 RE cEIirsD JUN 4 ?O0 Arguments against Rezone of 3111 Tieton Drive co� E�ownN 1. Will lead to further commercialization of the neighborhood The process of rezoning. any property is not easy. It is very time consuming and expensive. It may involve changing the comprehensive plan and then the zoning map. in our case we have had 3 previous public hearings in the Comp Plan map change. 2. School kids will be endangered We are very concerned with public safety. We will work with the city to put in the driveways, ingress and egress so that they follow all the rules and guidelines. The clear view triangles and placement of the driveways further away from the intersection will make them much better than they are now. We are supportive of putting caution signs and trying to slow people down. 3. This rezone will increase traffic According to the city traffic information over 1 5.000 cars a day drive on Tieton and approximately per day drive on 32 nd Ave. There is already a lot of traffic on these streets. We will be trying to encourage people to walk, ride their bikes and take the bus to get to our place. There may be some increase in traffic. There also may be some offsetting decrease in traffic from people working and visiting hospital walking to the Tudor House rather than driving around to get a cup of coffee. Also people in the broader neighborhood hopefully will walk here rather than drive other places. 4. The rezone isn't necessary to preserve this house or the neighborhood The house was on the market off and on for 10 years and did not sell as a single - family residence. This is because of the cost of it, the location on a signalized intersection with very much traffic. The people who made offers on the house did not want to buy to live in rather they wanted to put certain businesses in it such as a restaurant. For most people who want to buy or build a house like this to live in they want to have it on a view property. or in a cul de sac, or on a quieter street like Voltaire with out a traffic light adjacent to it. This house presents a dilemma. How do you restore and keep a place like this and still maintain the integrity of the neighborhood. In our opinion we are presentina a viable way. Without some means of support this house seems to lend itself to deterioration. We are proposing a way that we believe will preserve the house and be a benefit to the 411 community as a whole. • In our opinion in order to preserve and improve this property it needs to be rezoned. p P - We see ourselves as caretakers of the property to the benefit of Yakima. 5. This rezone will create a mini -mall with 6 business and 6 different operators. First of all Theresa and I will be the "operators" per say. We will operate or manage directly the businesses or have a manager who reports to us the owners. The Food Brokerage business will consist of 1 ' and me other people. It is a telephone, fax and internet type business. Theresa will operate the hair salon. There will be no other employees. This will be a part time business, operating approximately 20 hours per week. The Coffee House will have a manager who will report to Theresa and I. It will have probably have 3 total people working at peek time. Theresa will do the one on one tutoring. The Esthetician will be a part time business of approximately 20 hours per week. The reception business will be done at hours when the coffee house is not operating. • 6. The operating hours will be from 6 AM to 12 midnight The hours of operation Sunday through Thursday should be from 6 AM to 6 PM or 9 PM. Friday and Saturday it may be open until 12 midnight. 7. This is a residential neighborhood and this will destroy the neighborhood Depending on where we are in the neighborhood it is a little different. This is a beautiful tree lined neighborhood. We love the trees and have planted some and plan on planting many more that will grow to be very tall and beautiful. This property sits on the corner of a signalized intersection of busy streets. North and South every things is very nice. East and West this property sits next to the Memorial Hospital campus. We believe Memorial has done a very good job of landscaping and fencing the property surrounding it. Memorial has over 10 acres of property. It has a 3 story West Pavilion Office building and a 5 story Hospital. It has 900 parking spaces. It has hundreds of employees and hundreds of visitors. It cannot be considered a residence. Most of the houses that are opposing this rezone are not adjacent to the hospital. This property is the only property adjacent to the hospital property on a signalized street with 20,000 cars going by it each day. That makes this property different than every other one in the neighborhood. • We plan on having screening on the property which will shield the neighbors from this property as much as possible. We plan on landscaping and beautifying the property to make it look very nice. We lan on preserving the property which should help it keep or • P - improve its value and therefore help the neighborhood retain its' value. 8. Rezoning will lead others to try to rezone and if successful will lead to the deterioration of the neighborhood Each rezone stands on its own merits and goes through a very extensive process where much public input is given and the city rules and regulations are considered by several authoritative bodies. It is very doubtful that any North South rezones for business will take place other than in -home businesses because of the nature of the residential area. If you look at the other North South Arterials not much business development has occurred off the East West Arterials. We believe that by rezoning this property and allowing it to be preserved it will help maintain and improve the neighborhood in the lone run. The fact that a development agreement can be part of the rezone will help keep any real intense use of the property now and in the future. This development agreement is a safeguard against neighborhood abuse by businesses. 9. The home isn't functionally obsolete as a single - family residence. The fact that this house sits adjacent to a parking lot that is part of a 900 park lot campus with a 3 and 5 story building on it, The fact that it sits on two busy streets that have over 20.000 cars per day driving past. The fact that there has been a traffic light on this intersection since 1993. the fact that the house is very expensive and people willing to pay that much for it and to maintain it will want privacy. it located in a different location and have it made to modern standards for insulation, garages, bath rooms, kitchens etc. For these reasons we believe the house is functionally obsolete as a single - family residence. 10. The rezone will increase noise, especially to the neighbors directly to the North. If you stand outside or inside the property you will hear a lot of street noise right now. My opinion that the overall amount of noise (generated by the proposed use will be much less than the existing traffic noise on an average. Yes there may be some random noise. If people were using this as a single family home there would also be some random noise. I have heard noise from several of the neighbors this is probably pretty normal. 11. if this rezone happens it will cause 32" Ave to be widened • We are opposed to 32 Ave being widened. We have discussed the proposed use with the city staff and have been assured that this will not be the cause of 32 Ave being widened. We have a letter from the City Engineer stating this. 12. This will cause problems turning at the intersection of 32 and Tieton. There are turning pockets, a traffic light. speed limits, signs and speed limits that govern this intersection. We will encourage people to obey the laws and drive safely. We do not see a major change in this situation from what now exists. 13. This use will create problems getting in and out of the driveway There are many other businesses on this position on intersections in Yakima. People do manage to get in and out while being safe. An example of this type situation is Bank of America on 40` and Summitview. Again people have to take responsibility to drive safely. The city DST committee reviewed the proposal in respect traffic, ingress and egress and it was found to be acceptable. 14. This rezone will cause the property values to decrease significantly. By preserving, beautifying and enhancing the property we believe the surrounding values will not decrease and should increase. 15. This rezone will create an asphalt jungle. There is a lot of site screening on the property now and we plan on planting more trees. Approximately 14.000 square feet of the property will be landscaped. Please compare that to the amount of landscaping the average home in the area has on its property. Over time we plan on making this property more beautiful than what it is now. From a year ago until now we have spent a significant amount of time and money improving the landscape which was in dire need. 4110 REGEWED June 6, 2001 JUN 1 b 2001 CITY OF YAKIMA City of Yakima PLANNING DIV Planning Division 128 N. 2nd ST Yakima, WA 98901 RE: Rezoning of property located on the corner of 32^d" and Tieton Drive Please accept this letter of strong support for the rezoning of the above named property. I moved to Yakima three years ago after having lived in Colorado, Missouri, Illinois, Virginia and Michigan. I lived in both large cities and small towns. We chose Yakima for its' location and because the population was similar to cities we had lived in before and anticipated some of the same cultural, social and shopping opportunities. While we love the climate, the proximity to the mountains and the coast and have met some wonderful people, we find the city of Yakima lacking in community — a fundamental feel of "soul and spirit." I believe that establishments such as the one envisioned by Bruce and Teresa are imperative to recreating the life of a city. Many times, I have heard community members express their feeling that the "powers that be" do not have the community interests at heart. i am not familiar enough with Yakima to validate the accuracy of this view, however, I do know that Bruce and Teresa (and the families they belong to) love this city and their whole vision is based on building community. The lack of community gathering places and unique establishments create a depressed and lackluster feel to Yakima. I have often said that we need to run community self- esteem seminars — the people of Yakima deserve better. Please strongly consider approving their endeavor — these are the types of things that my family needs in order to consider staying in Yakima. Respectfully, �� l (e4—er oas arren Summerfield 220 N. 24t" AV 1 S Z Yakima, WA 98902 �� 509 - 452 -9052 6-6—o/ • so W \ ...- P.O. Box 2646 • Yakima Washinctc- 980 Suite 540 • Chinook Tower • 402 cgs: Yakima A'r=7,-. III RECEIVED JUN 1 5 2001 CITY OF YAKIMA June S. 2001 PLANNING DIV. City of Yakima Planning Division 12S North 2' St. Yakima, WA. 98901 To Whom It May Concern: I am writing this letter in support of Bruce Simpson's request of a rezone for 3111 Tieton Drive Yakima. WA. I know Bruce's main desire is to preserve this landmark and to open the Tudor House to the neighborhood and community. Maintaining and enhancing the property in order to allow mixed business uses in a controlled way should enhance the area not detract from it. Using the property as a Coffee House 10 with a relaxed atmosphere will give the employees and visitors to Memorial Hospital a great place within walking distance to enjoy. Being in the food brokerage business myself. I can attest that Bruce's business will have a minimal impact on the neighborhood as this type of business is basically a phone- oriented business with few if any, visitors. ------- Please call me if any questions or input desired.. Beg regards. - ,/ PM a) MIS s_. ' 2°5 t0 Bruce Bacon ��� Y° = O Y AKtnrt, �'LANNlC 728 N %� Nort Did s 1Q�y Yakima, WA 98907 i 11,1 'I • '_•-_:.,..,...-....: i - t - r:-::F.: - .. 7 --.1-: PHONE (509) 248 -2866 • FAX (509) 575 -1438 • Out of State L.D. 1- 800 -541 -8278 June 8, 2001 To Whom it may Concern, It is my understanding that there is some question regarding a small coffee establishment on the corner of 32nd and Tieton. I reside about two blocks from the business in question. I either run or walk by the site on a daily basis as do countless others. I for one support the idea of a small business there. It, for many of us, would be a very convenient location to stop, visit and have a cup of coffee. I t won't increase traffic flow and as a neighbor I'm not worried about it leading to a widening of 32nd. avenue. It is my understanding that those that drive to the location will be provided with parking on the premisis. I don't see where the traffic flow or parking would be any different than the dance studio a couple blocks north of the site. In closing then, as a neighbor I support the addition of the site in question. Sincerely, RP (DEWED ) j j,1 . „745,(7.e4,- in 13 20O 914 So. 31st Ruenue a l -N OF YAMNIA. Yakima, Wa. 98902 PLANNING DIV 411 :::,' -,•••:, , _.. A. • , . . Ilt°1 4c; - .;--_".s. - -- - - ; ,,,t- _,:-_--- :- IT- -- ? -- - 7.% ...:.-tt. .--- - _ ,-' ' .-. - -• , : ----- i -- - r -- -,'• =.=:' .':-.'--- '..-::.,,. 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' --' -.::'":'',-- ---;"- - - , - - - , ,- - ' " , - - * '`.1 i -• • ''''C' ': -. :5 - .4 . '; ' : ' :^ ;7-:: .. '-i4 - :.-.-.;. -:11P . - ---, -=, : . ,. ,-- • ., .._ ,..1:, .- - _ ''' filik ''-. .' ',A ''' ":'''- ' ''''''' --'• --, - — - -- - s' rlati PINING" - V - - - -- " , -.1- - ..- .,t,:rs - - -4 :-6' .- -A-1, ..n - 1-- . '''' ' ', ' - RE: Tudor House .. - 3111 Tieton Ave --. -.- _ • --, - _ -..-,.,:.• .. .. ....: ,. _ , . _ . . _ Yakima, WA :■''' 7 .7.:=1 - '-,-' _ , „... e %I • ' ' : ' --5 7' :' ;' 72- t -': - -- lie *"1-": iei C ZI: .' ,,. - :::: :::1 - . ---' 7 ' 2 .V'''' We are pleased to tell you about Bruce and Theresa Simpson. We ve known Theresa for , ....„„,,,- . •- t!h-- -- - -_ 14 years. Theresa was a single Mom for a number of years who was not only to Central Was concerned.about_...--„,*-4„,,-4 --,0'- i aroun . her She .... ,---. ,-.....-”, - .:„.. the of her son; but, the welfare and happiness ,of others truly enjoys - . -----,.,- -- Y -- ..,.' . - • .--,..-_-....-----,...:,-..-.,- work as a hairdresser; and, also an early morning g paper1 te to herself and her wor . Washington -.7....: child She completed her degree in teaching, traveling back and forth ,,_._ 2, ...... University She has been ambitious and energetic to fulfill her dreams and visions. Bruce has - - .--_ - - • . -- -- 0 ,---i..., been successful in his food brokeragebusi_iies1_W:hich at times finds him traveling in the U.S. and abroad. .. •• - . . _ Together they_have_even more ambition and energy to develop the Tudor House to be a center of - - - wellness, positive experiences and fun to share with others in the Yakima community. Their vision is to provide "classiness" in one of Yakima's historic houses; and, have a positive impact on the Yakima community. They look forward to providing an environment for others around them to experience good things and enjoy themselves in a good, clean environment; yet, within the historical surroundings that the Tudor House can provide. t- .11 -", • " _ - 1-,:'•5.,:j,;:, .-- 1" ., - -, • . ' ,- In short, we support Bruce and Theresa's positive vision and endeavors for the Tudor House. _ .. _ .. , _ _ , -:- -.-- • .- .,..- Sincerely, - e and Lyla Aldrich -'' .: -;..7',"- ...=,"--":,-.-.,.:: ,.. .:'`:4 ' •-- .: - .- ' --- ........ 7 1 , : - ._ -. .. - _ , :.: - r,P. , .=-9; . ,, ,, ,' - ,,,;; - t-_-4 - •'if - - c- -';.*-4 -;:::-.,‘‘- 0 . - , - .4 . - _ (04 _., , - ,...- - - - • - - , ---_- --:_--- '` • RECEIVED June 13, 2001 City Of Yakima JUN 1 3 2001 Planning Division CITY OF YAKIMA 128 N. 2 St. PLANNING DIV. Yakima, WA 98901 Dear City Planning Division Staff, We are writing in support of the effort to rezone 3111 Tieton Dr. from R -1 single family residential to B -1 Professional Business. We are supportive of the plan that Mr. Simpson and Mrs. Campbell- Simpson have for the property. Their plan for the property will help preserve and enhance one of Yakima's more visible, showcase homes. We have watched over the years as the home has stood vacant and for sale, fearful that it will either be torn down or let fall into disrepair. It is with relief that we learn of their plan for the property and request your endorsement of the property rezone. We see the coffee house aspect of the plan as a real asset to the neighborhood and anticipate using it frequently ourselves. The neighborhood just north of Tieton is known in the city as a favorite walking route with many folks each evening and morning doing a circuit of Barge and • Chestnut Streets. We anticipate that many folks will utilize the new coffee house as a place to end their walk or take a break from it. We look forward to having a pedestrian and bicycle friendly location to visit with friends, have a snack, enjoy a beautiful home and garden and relax a little. We have seen the owners' own yard and have no doubts that they will enhance the plantings and beauty of the already tree - friendly and beautiful site. We share the neighborhood's concern that development on 32n Ave. has the potential to increase traffic through the neighborhood but appreciate the attention to this concern the owners have shown in their design and plan. The pedestrian and bicycle friendly aspect of the site will also keep the impact caused of people accessing the site by automobile to a minimum. The majority of the parking for receptions being in the Memorial Hospital lot on Tieton and 31' will also help keep the neighborhood impact to a minimum. We sincerely encourage you to approve the rezone and look forward to the resource the Tudor house will become to the neighborhood. Sincerely, ( 524 Matt Fairbank Michele Besso 3304 Barge St. Yakima, WA 98902 �EGEl1lE® • , -- y : To the City of Yakima Planning Division: {' • `r% EIV I am writing in support of the rezoning request by Bruce and Theresa Simpson of the property at 3111 Tieton Drive. JUN 1 3 z 0 - When I think of a neighborhood in its true sense, I think of it as all- inclusive. By this I mean that there PT y OF y \\ ould be residential areas supported by accessible services in that area which could be reached by foot 1-'4iVNING pi^ and bicycle, not motorized vehicles. I believe the services that will be provided at 3111Tieton Drive would • , he a yen healthy and welcome addition to this neighborhood. According to research done by the Urban Resear_i; Institute a healthy neighborhood consists of restaurants. specialty shops. food shops. small businesses. beauty and barber shops. and health care facilities in addition to schools and parks. The Simpsons are committed to maintaining the character and integrity of the property and would enhance its attractiveness with lovely outdoor gardens which we all would be able to enjoy. It would be a very relaxing and pleasant place to stop for a cup of coffee or tea. The location of this property for residential use is not a highly desired one as can be witnessed by the inability to sell it during the last few years. The high volume of traffic and noise surrounding the property are not conducive to its use as a residence. In this time of energy conservation and health consciousness I believe that the neighborhood would be well served by small service businesses that can be reached by walking. We need to begin to adjust our life- styles to this end. Thank you for considering this neighborhood- enhancing rezone project at 3111 Tieton Drive. I do believe the Simpsons would be true to their word of preserving the integrity of the structure and property, and would be thoughtful and considerate neighbors. l/ 2 7�v • • RECEIVED JUN 1 3 2001 CITY OF YAKIM, PLANNING DIv City of Yakima Planning Division 128 N. 2nd Street Yakima, WA. 98901 RE: Bruce and Theresa Simpson's proposal for the property on Tieton Dr. and 32 Ave. Dear City Planners, We know that any proposal that effects a change in the status quo will always stir opposition, and the Simpson's proposal is obviously no exception. It would seem however, that if the technical aspects of this proposal would or could comply with the ordinances of the City of Yakima it should be considered primarily on that aspect. With that said, we strongly feel that this proposal is a great way to preserve some of the history of Yakima. The Simpsons, who are history and culturely conscious of this area, have a great desire to share this historical property with everyone. It has so much • potential for providing, a quiet little hide -away for anyone who is strolling the neighborhood or otherwise passing by. Please consider Bruce and Theresa's proposal a positive impact on the neighborhood and give them a chance to provide a location for us (the public) to take in some much needed wane hospitality. Thank you for your time and consideration. ; Mr. & Alrr. John Dickman 8501 11' Barg' Sr. f ��} Yakima, 11:-1 9S908 Sincerely, Qom`. _ John Dickman • Planning Department RECEIVED City of Yakima JUN 1 3 2001 128 N. 2" Street Yakima, WA 98901 CITY OF YAKIMA Attention: Dan Valoff PLANNING DIV. 6/8/01 Dear Dan, I am writing this letter to support the efforts of Bruce and Theresa Campbell - Simpson to rezone the property located on the corner of Tieton Drive and 32" Ave. I have had the opportunity to listen to the proposed use of the property and I think it would be appropriate to the neighborhood. The intent to change the zoning to permit a passive commercial venture seems in keeping with the character of the neighborhood. All one has to do is to recognize the value of the expansion of Memorial Hospital has meant to both the neighborhood and the community at large. The integrity of how the hospital executed their expansion is to be applauded. The vision and integrity of the people involved with this project give me comfort to know that a landmark property would be well maintained and available for the community to enjoy. I certainly understand the concerns of the surrounding neighbors, but I would conclude that when they actually look at what is being planned and who is going to be doing it that their fears should be mitigated. The goal and the ambition of the project is to provide the community with a unique opportunity in a grand setting, that will be compatible with the current neighborhood environment. Sincerely yours, - / /- Ted Semon 4701 Avalanche Ave Yakima, WA 98908 • 0 Windermere Yakima • RECEIVED June 8, 2001 JUN 1 3 2001 CITY OF YAKIMA City of Yakima Planning_ Division PLANNING DIV 128 N. 2nd Street Yakima. WA 98901 RE: Rezone of 3111 Tieton Drive, Yakima, WA 98902 Dear Sirs: I am writing in favor of the proposed land use change for 3111 Tieton Drive. As a Realtor for Windermere Real Estate. I am quite familiar with this property. It has been listed for sale, off and on, for nearly 8 years. I myself had it listed for sale for nearly two Years. During the duration of my listing, we received several offers on the property. In all cases, the proposed use of the property would have been for business. restaurant and or bed & breakfast. There was never any interest in the property as a residence. I did not have the home listed, nor was I involved with the sale when Mr. and Mrs. Simpson purchased the property. My professional opinion is that this property is well suited for the use that Mr. and Mrs. Simpson have proposed. It has the ideal location and frontage for a business of that nature. To limit the use to residence -only would limit the value of this property. As a member of the community. I believe that this would be a great addition. In a time when we are experiencing growing pains and the exit of many businesses. I would hope that you would approve a new business such as this that can only add value to our area. Sincerely, Lanette Headley 509- 965 -6655 • Windermere Real Estate/Yakima 3810 Kern Road. Suite 1 • Yakima. Washineton 98902 • 509/965 -6655 • Voice Mail 509/966 -8189 • E -mail vakima@windermere.com RECEIVED E JUN 1 3 2001 CITY OF YAKIMA i 1^l � O / PLANNING DIV. Ll 4 c k 1 z- 4 1 '717 3 b 6 7 ; • 5 4 ! 4 z zr. 3, �! c> c� n. /10 7 � 74 b. 4 4 - t s (a ✓ 4- i REGEN • JO 1 2 June 6, 2001 CODE p )rA IN City of Yakima Planning Division 128 North 2nd St Yakima, WA 98901 My husband and I are writing this letter regarding Bruce and Theresa Simpson's request to rezone the address at 3111 Tieton Drive from an R -1 to a B -1. We are very much in favor of having a coffee shop at this residence. We feel that Bruce and Theresa's intentions are honest and they propose a positive venue for this property. We have had the opportunity to attend two functions held in the wonderful 1930's built home. It is simply an exquisite place to visit, almost like walking back into time. For the Simpson's to be willing to make this home open to the public and share it's uniqueness and beautiful grounds is terrific, and what better way to enjoy it than with a great cup of coffee. We are aware that some of the neighbors feel the rezone would add fuel for the city to possibly widen 32 ❑d Avenue. Bruce and Theresa are no more in favor of the proposed plan to widen 32nd than the rest of the neighborhood. They want to keep the originality and the ambiance of the property as it was in the past and is currently. The people of Yakima at some point are going to have to be willing to accept change in order to keep our community a favorable one. We continually hear how bad Yakima is for shopping, eating out, and entertainment, but many citizens criticize and are unwilling to allow change. Our belief is that a coffee shop is a very minute and positive change for the members in this neighborhood. If those not in favor of the rezone took the time to visit with the Simpson's and really understood their objective, we believe they would have a change of heart. Thank you for your consideration. . ^'- 6,{j,„ John and Vicki Balmer / 223 Westover Drive Yakima, WA 98908 • S RECEIVED JUN 1 2 2001 June 11, 2000 CITY OF YAKIMA PLANNING DIV. To Whom It May Concern: My Husband and I live on Yakima Ave near 32nd. We are in favor of having a coffee house in our neighborhood. Even though the house at 3111 Tieton Drive is located in a residential neighborhood, we feel in would not impact the neighborhood in a negative way because it faces a busy arterial and would catch existing traffic. Since it is Bruce and Theresa's intent to maintain the house in it's original state, the neighborhood setting would remain the way it is. My husband and I frequently walk in the evenings in our free time. We would very much enjoy walking to the Tudor coffee house. What a better place than a historical home built in the 30's to enjoy great coffee served in English fine bone china. We have had the pleasure of a tour of this home and can see how well it fits in with the Simpson's vision. Please look closely at the Simpson's proposal and let the community enjoy this beautiful place. Sincerely, RED F►VED June 12, 2001 JUN 1 ' 001 CITr uF YKiM,,q PLANNING D I V City of Yakima To whom it may concern; I am writing this letter to express my support the changes proposed for land use by Bruce and Teresa Cooper. I believe this project would be beneficial to Yakima. We need more attractive spaces that people can use for small get - togethers such as reunions, wedding receptions, or business receptions and parties. I do not believe that such a use would be disruptive to the neighborhood. I live only two blocks away. We often take walks and bicycle along 32nd and also along Chestnut and Yakima Ave. I also would not want to see the street widened and turned into a thoroughfare. However, this piece of property is right on the corner of Tieton Drive. It is not really suited just for residential use anymore, situated as it is on a busy street, right next to Memorial Hospital. The amount of parking proposed on the property itself should be sufficient for most events, and people coming. Personally, I also think that a place right along a much -loved walking route where you could stop in and get a latte, would be a very neighborhood - friendly business! Sincerely. Kristi Hlm7iker 903 S. 34th Ave Yakima, WA 248 -5915 i S City of Yakima Planning Division 128 N. 2 nd Street Yakima. WA 98901 Re: Tudor House; Bruce and Theresa Simpson This letter is in support of the proposed coffee house and other uses at the Tudor House on the corner of 32 " Ave. and Tieton Drive. I grew up on 32 " Ave. and that neighborhood is near and dear to my heart. I have always been fascinated by that house and would love to see it open to the public in a • healthy way. A coffee house would be ideal, in my view. I work a little further west on Tieton Drive and it would be a convenient location. I also like the idea of tutoring children as there is nothing, more important that educating the children of our community. They are our future. I'm guessing that short letters are more appropriate than long_ ones in a situation such as this. So I will stop here and simply reiterate my support for the proposed projects at the Tudor House. Sincerely, Nancy Probst 708 Viewcrest Court Selah WA 98942 RECEIVED JUN i 2 2001 CODE ADMINISTRATION 110 • June 11, 2001 City of Yakima Planning Division 128 N. 2 Street Yakima, WA 98901 Dear City of Yakima Planners: I am writing in favor of the rezoning of the residence on 3111 Tieton for small business operation. This is a beautiful old building that has potential to enhance the neighborhood in which it is located. Due to the size and location of the home, it is unrealistic to consider this home a single - family residence. Since the residence has been vacant for some time, it will be great to see this beautiful historic residence open to the public. The g otential of this building being used as a coffee house and location for small businesses, has p much appeal and adds to the elegant charm of the residence, while also enhancing the neighborhood. I live in the Franklin Park area and would welcome a coffee shop within walking distance —a place for friends to gather within our own neighborhood. The owners. Theresa and Bruce Simpson. have already added to the beauty and charm of the location by the flowers and garden planted on the property. Thank you for opportunity to support the proposed rezoning and business uses for this facility. If you have questions, you may reach me at 453 -3085. Sincerely. RECEIVED Darlene Darnell JUN 1 2001 207 S. 19 Ave. Yakima, WA 98902 CODE 1.DlviliVtS ► ru TION • • June 11, 2001 City of Yakima Planning Division 128 N. 2 Street Yakima, WA 98901 To Whom It May Concern, This letter is written in regards to the purposed rezoning of the Tudor House located on 32 and Tieton Drive. I am a life long resident of Yakima. I was born and raised in the valley and I have chosen to raise my children in Yakima. I strongly support the rezoning and the sharing of this great home and piece of history with the community. I commend Bruce and Theresa Simpson in their vision to gift Yakima with a place to gather in a truly beautiful and peaceful setting. It is their dream to share this home in the way of a coffee house. I have had the pleasure of experiencing the Tudor House. The moment I entered the home I was overwhelmed with history and a connection with the people who made this valley a wonderful place to live. The home if not shared with the community in the way Bruce and Theresa envision could sit vacant or possibly be severely altered. Bruce and Theresa want to preserve the home and maintain it in the era it was built. I believe Yakima needs to preserve these great homes and find creative ways to make them available to the people. Please consider giving_ the residents of Yakima a place to gather, connect with the valley, and experience a part of history. Let them mingle around the grounds and in the home with a great cup of coffee. Let them sit by the fireplace and read about the original owners of the home and what Yakima was like when this home was built. Let the neighbors take a stroll down 32 Avenue and enjoy a cup of tea. Let the families who have loved ones at Memorial Hospital escape for an hour and sit among the trees and gardens and feel that life is good. Give the residents an opportunity to visit in a unique place other than the local restaurants or bars. The Tudor Coffee House can only add to the richness of Yakima. Sincerely, • 1 II it1 (.1 L{ -i RECEIVED Mary Plesier Y JUN 12 2001 305 N. 3 -th Ave Yakima, WA 98902 CODE ADMINISTRATION • June 6, 2001 • City of Yakima Planning Division 128 N. 2nd ST Yakima, WA 98901 RE: Rezoning of property located on the corner of 32nd" and Tieton Drive Please accept this letter of strong support for the rezoning of the above named property. I moved to Yakima three years ago after having lived in Colorado, Missouri, Illinois, Virginia and Michigan. I lived in both large cities and small towns. We chose Yakima for its' location and because the population was similar to cities we had lived in before and anticipated some of the same cultural, social and shopping opportunities. While we love the climate, the proximity to the mountains and the coast and have met some wonderful people, we find the city of Yakima lacking in community — a fundamental feel of "soul and spirit." I believe that establishments such as the one envisioned by Bruce and Teresa are • imperative to recreating the life of a city. Many times, I have heard community members express their feeling that the "powers that be" do not have the community interests at heart. I am not familiar enough with Yakima to validate the accuracy of this view, however, I do know that Bruce and Teresa (and the families they belong to) love this city and their whole vision is based on building community. The lack of community gathering places and unique establishments create a depressed and lackluster feel to Yakima. The people of Yakima deserve special places — it is hard to connect and feel a commitment to franchises. But people do and will connect to places that have a special community character. Please strongly consider approving their endeavor — these are the types of things that my family needs in order to consider staying in Yakima. Respectfully, RECeivE (1,114.- nS4itme i _ • JUN 12 2001 220 N. 24th AV ---("" Yakima, WA 9890 COD ADi ,1IV� J j 509- 452 -9052 KATION • June 12, 2001 City of Yakima Planning Division 128 N. 2nd Street Yakima, WA 98901 To Whom It May Concern: I am writing with regard to the Tudor House located next to Memorial Hospital on the corner of 32 and Tieton Drive. I have recently moved to the Yakima Valley with my husband. For a number of years I lived in Seattle and before that Southern California. I greatly enjoyed living in these wonderfully diverse and beautiful areas. What I appreciated most about Seattle was the variety of places to go to just read a great book while drinking my favorite drink, coffee. However, the hectic lifestyle of the big city coupled with packed highways wore on me. I craved a town that could offer a slower pace but also had a sense of heritage and opportunities where I could grow as a person. Yakima has truly become home to both my husband these past couple of months. We hope to raise our family in this community when the time comes. However. I have to say I have been rather disappointed with the minimal creative outlets in the community. When I heard of Bruce and Theresa Simpson hoping to open a coffee house in a quiet and • beautiful home. I was delighted to say the least! The house is absolutely beautiful and the gardens are almost pleading for people to come and rest. I believe this would be just the place where I could meet people in my community and make new memories while drinking coffee. Please consider the Tudor House as a place for community gatherings as well as a place to unwind with a cup of coffee. Yours Respectfully, Celeste E. Provence 4904 W. Washington Avenue RECEI —r Yakima. WA 98903 JUN 1 '? 200 CODE 1 r.r. ION S 1 11 1 Mr. Dan Valloff, In regards to the Simpson Rezone. I can certainly understand the neighbors concern about traffic on 32nd as I am also a resident of 32nd ave. and have watched the number of cars increase over the past 15 years. I would, like most of us, like to see less traffic in my life but the fact is we are growing and all our streets have more traffic. As for the property of 3111 Tieton, I do know that this wonderful place has had the city grow up and around it over the years and some have worried what its fate might be. I am pleased these two people are the ones who purchased it. Reason being is that I know personally that they believe in the beauty of living things and the peace of a beautiful surrounding. I can personally imagine how elligant these grounds will be over time under her artistic and caring touch. Her intent truly is to give our community a beautiful, peaceful place where people come together in a serene and loving envoronment. I believe, if given the chance, it would be the pride of the neighborhood and our town. I have talked to a number of people in the surrounding area who have all expressed a posative attitude concerning this. They felt the owners plans were a great Idea and that we could certainly use more unique and beautiful additions to our town. They not only like the Idea but are looking foreward to seeing it come to life. I would like, at this time, to invite those of you choosing the fate of their request to go by their home on 24th ave. You are welcome to go into the back yard and take a look at the atmosphere she has created. There you will see a small example of the potential and intensions for the property of 3111 Tieton. Thank you for your time. Linda Galloway RECEIVE 3201 Carol Ave. JUN 12 2001 CODE AO hHlws...r ► , . ...1 j RECEIVED 0 Memorandum JUN 1 2 2001 CITY OF YAKIMA To: City of Yakima, Planning Division PLANNING DIV. From: Roger Wilson, 112 North 30 Ave, Yakima, WA 98902 Date: 06/12/01 Re: Rezone of 3111 Tieton Drive from R - 1 to B - 1. I am writing to support the Bruce and Theresa Campbell - Simpson's request for rezone of the above property. I support this rezone request for several studied reasons. I believe the choices by your department and the city council in annexations and planned development demonstrate a commitment to enter this 21 century guiding Yakima in "Smart Growth." As you all well know the question is not will we grow, but how will we grow and where will we grow. I further believe that this very hearing provides an affirmation that we need a new paradigm for growth, one that maximizes value by creating qualitatively better communities. During the last decade, Yakima has been doing an excellent job of infilling the city with substantial housing of varied economic value. We need also to make good decisions that will let us retain our classic and 0 historical buildings. This proposed zoning change does assure us of the retention of a significant property at a prominent location. In my opinion smart growth is an attitude, a process of collaborating together, to create neighborhoods where housing, employment, schools, houses of worship, parks, services and shopping centers are located close enough so that we and our kids can walk easily and safely wherever we need to go without needing to use our automobiles. Five of seven is not bad, but today I am saying that we need to make a decision for six of seven. We simply do not have a choice of restaurants, specialty shops, bakeries and other necessary goods shops [coffee, tea, fruit, food, barber /beauty, etc.], within walking distance of our residence. The services which the Simpson's desire to provide within their facility are all critical elements to maximizing value and creating a healthy neighborhood. Without such amenities, we are just an eclectic housing track build over many years, not a viable neighborhood. Those of us who had the good fortune of living within walking distance of the European Cafe and Bakery can well testify to the truth of these values. The lack of any facility to fulfill the coffee and bakery function of the European Cafe is a distinct loss and lowers the overall quality of living in our neighborhood. I see the size of the proposed operation to be consistent with the property and the surrounding infrastructure of sidewalks and roads. I believe the commitment of the Simpsons to restore and maintain this structure for our collective use by the neighborhood is a win -win situation for all concerned. The location on the intersection with the high and growing traffic volume is not well suited for a residence. Elements, such as a high level of background traffic noise, contribute to a less than desirable location for living. I believe the inability of the property to sell during the last few years is evidence of such. We, as the citizens of Yakima, have an opportunity to retain a very elegant and beautiful structure. We can demonstrate that we have chosen a new paradigm for this, the twenty -first century, which values a smart growth attitude toward promoting and uplifting our existing neighborhoods. I ask you, please support this • rezone with your recommendation so we can continue the work of building quality neighborhoods and demonstrate reasoned, well thought out decision - making. RECEIVED JUN 1 2 2001 June 11, 2001 CITY OF YAKIMA 0 PLANNING DIV TO: Department of Community & Economic Development Planning Division 129 N. 2 "d Street Yakima, WA 98901 RE: Simpson Rezone 3111 West Tieton Drive Yakima, WA 98902 I am writing to oppose the plan to have the property on the northeast corner of 32 "d Avenue and Tieton Drive re- classified as B -1, business zone. By rezoning this property to B -1 it will create a business zone in a residential neighborhood and increase pressure to widen 32 Avenue in order to handle the larger volume of traffic. I have lived in this neighborhood nearly twenty years and chose it over several others because of its distinct neighborhood atmosphere. My daughters attend neighborhood schools and travel safely throughout the neighborhood by foot or by bike. Many of my neighbors, young and old alike, walk daily around the neighborhood. A change in the rezone and increased pressure to widen 32 Avenue would be a detriment to all those who enjoy the pleasant streets of this area. Over the years I've watched a number of neighborhoods in Yakima affected by such rezoning. As a city we are losing distinct and unique areas. This neighborhood has homes of varied architecture and size, lovely trees, yards and gardens. We have neighbors of all ages and know them making this a pleasant and safe neighborhood to live in. Not everyone wishes to live in a cookie cutter subdivision nor can many of us afford the acreage and large homes which can provide private space. If we wish to improve the quality of our community and the perception we have of ourselves we must strive to protect our neighborhoods and keeping them alive with people of diverse ages and backgrounds. We need to look more closely at what makes a neighborhood and a community livable. The property under question is lovely and is part of our neighborhood. Unfortunately, the present owners' plans to have this property rezoned only opens the door for more encroachment of urban sprawl which is something we don't need. Sincerely, Cheryl Nixon - - 3305 Home Drive Yakima. WA 98902 • RECEIVED • JUN 1 2 2001 To: Neighbors of 32nd Avenue CITY OF YAKIMA PLANNING DIV. From: Walt Ranta 5 S. 32nd Avenue Re: Letter concerning the rezoning request at 32nd and Tieton I received additional information concerning the rezone request. If you decide to write a letter to the city, please indicate that you are referring to the "Simpson Rezone". This will help the Hearing Examiner to realize you are concerned about the rezone of the home at 31 1 1 West Tieton. Sorry this information was not on the first letter your received from me. Hopefully, some day, I will be more aware of all the ins and outs of dealing with the city as we continue to work to keep our neighborhood an enjoyable place to live. r) . 00 _____,, , ;--/--- r ., 7,4 _1 ( q (:Ce , :2•-' 30-e:;%-7t 7 - 6 1 Ii .•-) e: h i'? il _A_ , ,t-, , ,,)-Lize - ,, 1,'-- ,_z_z' z-' )-r .vi e y4/( /; i .P7 c; i y /i .-.1p yzor►e ' / -/,,,c; 0 --1 12 , --/-kie7 / 02ez-b--- .-777.1a24---et .-2,,,,,,,,/,/„..4e.,„„.. 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'- p i ,- uut,•1 ( , , • , i; i • r ! ..-- --' .'■ : --, j", 4---1 . 1 n --(.' j ''''', :. . -z_....." ,..:,: 2 ., :...,,, i_../ 6.--* • ' 'Y L,_.t ) 5 --- .- -, i, -,_---) LI , 0 0 ....,......-.• RECEIVED :---. ..,.....,, ,/,/ --__2 I ‹;'"' } JUN 1 2 2001 _2-", -,--/-2a#, CITY OF YAKIMA PLANNING DIVA Z- g ._, L , , ,3" ..,,f ae.4:., . . . ....... . _. . 4 _ i . — , ... ... . . ._...... .... . le,K __(_,4t--0.---e--± V.: -412-e -4/ z. 1 1 . ,./ • - ir..."-r-ri 6 -1 i 2* _i_ J ., • 9 1 -e-Lje-L 4 ' - , ' 1) _ I , • .4, . . . . . . L. ‘ ,....„._ w k• - ,Z - ,_:-')6,4Z . RECEIVED JUN 0 8 2001 Doug Maples, CB0 CODE ADMIN4) Code Administration Planning Manager Department Community & Economic Development 129 North Second Street Yakima, WA 98901 Dear Mr. Maples: Thank you for your notice of application and public hearing regarding the "Simpson Rezone ". I understand that a request is being considered to rezone this area so that six private businesses can be operated by private individuals in our residential neighborhood. Furthermore, those businesses would operate from 6 AM to 12 midnight in this neighborhood that is otherwise single family homes. Despite the extensive and imaginative arguments given in the enclosed plan; the simple fact is that this is a residential neighborhood. Incursion by private commercial interests will have a negative effect on the neighborhood, encourage further commercialization and is neither necessary for the preservation of the property in question nor beneficial to anyone other than those requesting the rezoning. The neighborhood around Tieton and 32 Avenue consists entirely of well - maintained single - family homes purchased because of the past and current residential nature of the neighborhood. It seems logical that families and individuals who desire to live in a commercial area already do so. We have chosen instead to live in a residential neighborhood. The proposal alleges that the project would bestow on • the neighborhood "vitality ", "fun ", "unique personalities ", "improved quality of life" and other benefits. The neighborhood needs no such assistance and stands to suffer, not benefit, from rezoning. School children walking to school along 32nd and along Tieton at 8 AM have not asked to be encumbered and endangered by caffeine seekers driving across their sidewalk. Families, churches, and schools have not asked for increased noise and traffic during hours, early and late, that most of us treasure for the mundane pleasures of sleep and quiet contemplation and conversation in our homes and yards. A rezoning of this property will tempt further rezoning of adjacent properties with further deterioration of our residential neighborhood. R1 usage of this property is no more "functionally and economically obsolete" than it is for the hundreds of single - family residences that surround the property. With no compelling reason for rezoning the property other than the financial advantage of a few individuals and with many reasons to avoid the rezoning, I ask the Planning Division to deny the proposal. incerely David L. Brown. MD 613 Voltaire Avenue Filed Hearing Examiner EXH #pate - d LJ� . File# 'Zd 1r224' S p i;JOEX RECEIVED JUN 0 8 2001 June 1, 2001 ..uue ADMIN. Mr. Doug Maples Code Administrator and Planning Manager Department of Community Development Yakima. WA 98901 Dear Mr. Maples, I am writing in regard to the proposed Simpson Rezone. This property is located at the intersection of Tieton and 32 " Avenues. I am a resident of the neighborhood that surrounds this area. I live with my husband and two children on Voltaire Avenue, a small residential street that is adjacent to both Tieton and Voltaire. I reviewed the proposal that was distributed about this petition to change the zoning of • the Simpson property from residential to small business. Though they suggest that their plan for a small coffee shop and other businesses will enhance the character of the area. I am fearful that the negative consequences of this rezone will far out way the positive. The area from 16 Avenue to 34 is truly one of the most attractive areas of our city. As you are well aware, Yakima is struggling to maintain a positive self - image. The beautiful landscapes and older homes in this area are something our whole community can be proud of Unfortunately, it seems that this special neighborhood is slowly eroding. Memorial Hospital has been buying and developing property. From the west, business has crept along Tieton toward 32 " Recently there was a proposal to widen 32" to accommodate a growing traffic load. At some point. we have to make a stand to protect what we value. I am not in favor of changing the zoning of this property because I fear that it will increase traffic, generate noise and open the door for continued business growth in our precious neighborhood. Thank you very much for the opportunity to express my concerns. Please let me know if have any questions. Sincerely. Gail Fast 607 Voltaire Yakima, WA 98902 DOC. INDEX 4110 City Planning Commission June 6, 2001 RECEIV City Hall 128 No. 2 Street JU N 0 8 2001 Yakima, WA. 98901 CITY OF YAK! PLANNING OIV Re: Simpson rezone application This is a letter to support the Simpson's application for rezone of the property located at 3111 Tieton Drive to B -1 in order to accommodate their planned business usage. Fortunately, the businesses being planned are not disruptive of the neighborhood ambience and would fit in nicely with the tasteful landscaping of Yakima Valley Memorial Hospital which abuts the property in question. Yaax International is a business conducted entirely over the internet and would occupy the 2n floor. This leaves space on the 1 floor for a neighborhood coffee house and possibly a small salon in the present garage. I do not see any of these as particularly traffic producing, when in reality, the traffic is already there. • Yakima is in a state of transition and this calls for a careful balance of the old and the new. We need to progress and go forward but at the same time, preserve some of our history. Bruce and Theresa Simpson are life long Yakima citizens and have great respect for this community and it's needs. They have come up with a creative idea to preserve one of Yakima's finest old homes and the means to support it as well. Speaking for myself, I would very much appreciate the opportunity for quality conversation in a historical setting that allows for children, parents and grandparents as well as friends and neighbors. This would be possible both indoors and in the spacious, private grounds surrounding the house. It's a stressful world out there and we need places that will offer relaxation while enjoying family and friends. Thank you, Betty J. Hn CC: Bruce and Theresa Simpson Betty J. Hnnziker _ 1U 1 N. 58[11 Ave. Apt 25 Yakima. WA 9S90S -3191 y (7, _r-•, - -_�� . _ . it) qy RECEIVED • JUN 0 7 2001 CITY OF YAKIMA; June 6, 2001 PLANNING DIV To Whom It May Concern: I currently live in the "Greater Chestnut Area ". I am writing in support of the zoning change of the house on the corner of 32nd and Tieton. It is a beautiful home on a wonderful location that is within walking distance for many people who live in the area or who are visiting the hospital. When the European Cafe was on 31st and Summitview, it was a meeting place for people from all over. We have felt the loss over the years and welcome another place where we can meet new neighbors and old friends. Let's put some European flavor into our community and make places that people can walk to and relax. If you have any questions, please feel free to contact me at 248 -5548. Sincerely, Kathy Michielsen - ,Q �w 06 AN i ) ! L -c " deb- f / C / ul r 6.1 L /! - i D00. INDEX RECEIVED June 5, 2001 JUN 0 7 200 Cit. of Yakima. Dem. of Community 6 CITY OF YAKIMA Economic Development. Planning Division PLANNING DIV 129 North 2nd Street Yakima. Washington y890 RE "Simpson Rezone" This letter is from Lam and .Anna Smith. in regards to the Simpson rezone. \k e he at -' i - South '.2nd Avenue. Yakima. Washington. Our home is located directly north of the residence that Bruce and Theresa Simpson have purchased and are asking for the rezone so that they may operate various Dus!nesse;. 'At both that the _.. on _ ..aye _orcn , :ed the :.To. _ Propem tOr • hat want to do. We would not appreciate having people parking their cars right next to the fence that ajoins our property. or the noise that will take place during business hours. Also. the parking in the back yard would reeuire more lighting and that =would not be appreciated ^y us. '‘k e are to the understanding that Bruce and Theresa Simpson will not be living in the house. only running businesses and we do not like this either. We both feel that since we live right next door. we will be effected probably more that anyone else in the neizhto'rhocd. - = ant to state _rron_ . that . - se • hat the sons are .. 'no to "_ Thank you for giving us this opportunity to express our opinions. 417 South 32nd Avenue • Yakima_ Washionetor• 98903 S DO • . INDEX • 1111 220 S. 32nd Ave. Y akima WA 98902 RECEIVED J JUN 0 7 2001 June 6. 2001 CITY OF YAKIMA PLANNING DIV. Planning Division 129 North Second Street Yakima. WA 98901 Re: Simpson Proposal To Whom it May Concern: We received the notice of application regarding the most recent proposal made by Bruce and Theresa Simpson to turn the property located at the corner of Tieton Drive and 32nd Ave.. into a "Residential Mini Mall." Allowing the requested rezone to the classification of "Professional Business" will have a chilling effect on our neighborhood. • After having received a similar proposal last year in which the neighborhood spoke loudly against the proposed business venture, we were horrified to learn that they were trying to sneak through another one of their business ventures. This property should remain residential and not be commercialized. which is likely to open the entire corridor for commercial development. As a home owner in this neighborhood. we strongly request that you deny this proposal by the Simpsons. Sincerely yours. wC �tiL�� Kristin Harris Gayle L. Harris • r INDEX # m 1 7 0.5.6-71, Esf /2/4 4/7/AJ 1 ✓i &i e kii 1 v y /1 G J o C1. de ! ILA . °�- P417 if , I�� �� I .- e_ . c i r re I d ' i . >`' L L ti' /`� e7 GC �� ✓ c /1, Cl/I'ec -17vx/ / *j i C'A JUST nc, c � , tiT 7 //e �i' c N L y TZ' 7) 679-c / ,S7`rP c' > - [[J� ��E E / - 7 - he / /9e //C fpe_S _D (,'s / n e 5 C B c /ti E fi Mfr rest ' T kel- 1 ) /c r-• herd C. � jeS b ti\- . cc_tioa: 0.nncr p cGpe -rlu e n --P c;' w e-{ r-- I . • RECEIV 3 - �. SUN 0 � irn u p ,' kSc � 2 001 CITY OF youq PLANNING DIVA DOC. • JNDEX _ . -- 90 ,---- JUN 0 4 2001 i 6 CITY OF YAKIMA r7 PLANNING DIV. ... 0 • '' ,-, ^ j P j ) '',.- / • 4 - ' . L-- .'--.:f-I-C,..• ■'- --' • I--".• ' - ' /` '- ^ -1 7 • ._../ , i .- .. ._. _ , i , i ,,K ,/:' • 4 . _,,, , ,., , , , • ; _;,,, ., .',..-. , --f -_ --7-kz--L2,t_eLI-iiz-E:t2t . (c. -,---.:- - - . } ,-. .....,_, ,.,:...,..____ fc-e. -../-:::„ci-17,eti,:-( ct:Lic'2,:z_ L t__ -C-/ - ..--- / // • /- /H7 /7----; • `j ---., - ,-, ••-e k. S • ".. 2 -`- - " c- ')/' , .. / • - -,1- ,, G" --L-GC--6,-... CLt/IC 4 / f %..,., ,--- • ,•? ://:- • .. .4._.-.- ,t./t_k_...A .i_,1-- I III .„ ._<,.),,y(....L.ILAr_i_4:L... --r 1..__ 1,— ■ - ,/ r 3 4 1, <____, ---2'<:.-4,2--' C,-/ ' -7---- , ,Z - 1- -- - ,, /- ,,, .._ci.'4- .._ 6L c_.. , . „77 _.,,' ‘L ,,,-.. : 7 , 1 -, :_„.,.(, ..... , . -,- ..,(___ i --- , , -'-'r 71 • _.,/,e.:-',.. L- ' l . :L I, c 6- /...„ . / .. , ---... 4:.- ,;.._ -- 4 -11 --k-,- ):-.-e---■ )1. - —k_ ..,,, t i____ - 7 (.__ t ? , - , ,,.• ,..,---.. •-::-- /- : ' ,-- • ----,- - <:. - f-L (_ , L. v,- c.c.L.....--/ ,..-)It_i ---:.•: ,:. 7 __.-)---!: / -.. ^ -■- ( _fL • Ill DOG. INDEX . e r47 8 # x3ONI • 3 0 • 27?7 Try? -„ ,..._c c , ;.• ,, 0 / ,,, 7 i , , ,..--, ,,,,, / / 7 -- - , , , , ) , / , -., ) , Li 7 ? -7- .../ 7 7 .--) _,;_..., - 7-2- ___..,77 • '7217-9----,71,7 , _,, , . :. • -7,--- ., -- --:-; ,-- , ..- ,-----3,-,_,9-2 - -- ,.---, . --- )-7-2 - ( 77` ,7' ' ' - 1 ' - v _÷ , 1. - 7 . f , ;,_____ 7 - \-7 4 ''- ' A j '7, -4-7' -- ^ --- i-- -, --- Th.,-y-- ? ---- j ,f ,,,- :7 7:. '77 70,- ---- __/ ,;-> . '\ ' .'"N' ' ----. ' • ?"-)../../ 7 ! • n '-,- --) -2^ ' / '-' ° '' • ' ' I - F - r --- ?'",? - .7^1 ---- 2 .-- 7-17 ------, ,-- r Y 1 --2 - 17. \ --0-?-rc-- ' . 7,1;1 ,■/,f . , _ - --7C ,,,,, Y / -77 _ 7. -- , t L., /7 I 9 v. 7 ' 2- ' 0 ..) , Valoff, Dan Dean Patterson [dean.patterson ©co.yakima.wa.us] S: Dean June 01, 2001 1:35 PM RECEIVED To: 'thaloff @ci.yakima.wa.us' Subject: Comments on RZ#5-01 / EC#11-01 JUN 0 4 2001 Mr. Valoff, CITY OF YAKIMA PLANNING DIV. : wish to submit comments on the proposal to rezone property and establish a multi-tenant commercial facility at 32nd Ave. and Tieton Drive (3111 Tieron). : live at 614.. S. 30th Avenue, approximately 2 blocks from the Proposal. T am generally opposed to the continued commercialization of Tieton Drive. This issue is la-a4.- than this proposal alone, and reauires broader thinkng. if -his commercialization continues, Tieton will eventually look like Nob all B'vd. - a never ending strip of low rent commercial buildings composed of converted houses, add ons, and "bargain basement" commercial construction. This has started haupenina on Tieton further west, past 40th Avenue. = have no stronc objection to planned commercial centers, but the unplanned, ad-hoc commercialization damages the livability of nearby hborhoods and property values for a block or so to either side of 111 ..._eets. Ecually imporranr is that it looks bad from a community imace perspective. Chanaina the zoninc to allow :his commercial use, will encourage other property owne-s along Tieton to do the same. Please deny :his tonina -=-( If a chance in use is to be approved despite these obections, it should be modified or conditioned to be as great a benefit to the neiahborhood as. possible. Below are my suaaestions, in that event. A:imittedly, the buildina is a large mansion-scale residence, which probably -= -"",--'- - o sell as a sinale family residence, at least at the price :he owner - ,:ants. Few People want or can afford a house of this size, and _ocation at the intersection of two arterials is a further detraction. An option to using the building for commercial use is converting it to an upscale multi-family structure: condos, apartments, etc. Such a proposal - . - c -- A nave an: Impacts and generate different comments. If the property is to be rezoned and a commercial use introduced into an area it has not Previously been allowed, I would insist on a number of - 7itations to protect the liveability of the neighborhood: 1 11/ 1 h: parking lot seems small for the size of building and • uses that would occupy the building. There is room to provide , additional parkina, and it should be reauired. I wonder whether all floor area and outdoor use areas (coffeeshop service areas on the patios for example) DOC. 1 INDEX # g 7 are considered in calculating the parking needed. One example of a food and beverage parking requirement I have seen is 1 space per 30 sc. ft. of se-v7 ce area. This generally ecuates to one space per table (7' X 7H. - The additional parking should be provided with two rows of 90 degree parking with a central driving aisle. The 3 parallel parkins spaces on the south side of the parking lot should be expanded to provide 10 -12 spaces between the trees ( ?) and the garage ( ?). This would mean moving the sidewalk and reducing the patio area but there is Plenty of space, landscaping, and other patio areas. Given the amount Of landscaping adjacent to the parking lot, it needs to be protected by recuiri ng wheel stops or Curbing. - The e:.:isting access onto Tieton Drive is currently for residential use. This proposed commercial facility would be much busier. Using this access would add another busy turning moment onto an already busy street, especially for inbound morning traffic that would have to stop and cross T in the middle of the block to pull in. The hospital has minimal access onto Tieton. Nos: cf its accesses are off the side streets. The access for this commercial use should be limited to 32nd Avenue. The existing access and driveway onto Tieton should be closed and re- landscaped. Th east end of the parking lot near the garage should be reconf igured to provide a turn around area for vehicles. Space 15 may need to be eliminated. A truck loading space is also essential - perhaps east of the 1 110 Carage. The :=DA park-r: Space should be moved to near the 1\ corner of the garage. The access onto 32nd needs to be extra wide to reduce slow _n- and -out movements and similar traffic conflicts. - The proposed overflow parking a: the hospital has no apparent proposed connection to the size. would seem appropriate that a gate, opening, cr other obvious connection be rewired as a condition to allow _ would mean that they would have to work it out ..i___ hospital. - :f this commercial use is to be imposed on the neighborhood, a superior level of landscaping should be required. It would be of oeoefit to the owner since __ would better display the brick mansion. spa ;=- ^ally, the Arborvitea fence needs to be removed and the yards facing Tieton and 32nd need to be landscaped. The arterial landscaping standard should be used as a Starting point, but not the ending point. Some exist andscaping probably exists though it is not visible with the Arborvitea _^ o - Given that this is a residential area, all activity (including tne coffee house, school, and receptions) need to end by 9 pm at the latest, as a courtesy to the ad residents. If some activit is allowed anyway, :ay , it needs to be prohibited from being outdoors. ?lease do not make the mistake of assuming that additional standards are not allowed beyond the strict reading of the zoning ordinance. The ordinance rovdes authority to deal with specific issues, and you should not be D O C• 2 INDEX O u ( !f reluctant to use that authority to protect our neiohborhood. T'ank you for your attention to these concerns. If you have questions 111/1 Feel free to call. Dean Patterson 614 S. 30th Avenue Yakima, WA 98902 1 110 1 110 DOrs w. INDEX 3 I" May 24, -CCI1 Attention: Phil Lamb, nearing rxaminer MAY 3 0 Doug Maples, Code Adcrins. & Planning Mgr. CITY at= YAKIMA Regarding: Simpson : tezone PLANNING DIV. i and my wife have been property owners at '�12 and 41 So. 32nd Ave. for 55 years and we are very much opposed to the Simpson : iezone from ri-1. are opposed to all the reasons Simpson gives for his requested change. Property owners for many years should have priority over one newcomer co the area, much less asking for a rezone. Ingress and egress are problems now and will materially increase the traffic problems and congestion in this area. Traffic now is backed up for 1/2 block from the stoplight on 32nd Ave. & Tieton Dr. from about 3:3 to 5:30 evenings and will only get worse. As you know, the traffic problems are much more difficult now than previous years. This is the poorest location imagineable for a business and should not even be considered. Signs also should not be allowed. Property values will surely go down if this is allowed, while evaluations from the assessor and insurance companies continue going up. Fencing was allowed for the hospital narking lot to cut down on transgres- sion in this immediate area, and now they are saying increased traffic is o.k. To me, they are talking out of both sides of their mouth. If the hospital has room in their parking lot, why do their workers block traffic flow on 30th Ave. clear to Chestnut Ave.? Let's get our own and existing problems fixed, before wo look for new ones. Already there is one hair salon in the immediate area. that shouldn't be allowed because of traffic flow. Now the Simpons are proposing numerous businesses, including a masseuse parlor. While all prop;sed businesses ,- e rot named, what ccu 're re' t? The quality of life in this area will be lesser.ea. hours of use, noise and traffic problems will only worsen. The recent push to widen 32nd Ave, due to traffic, etc., will only be pushed. we are against this, too. The Simpson proposal is not consistent with existing zoning laws of this Property. The Simpson proposal is not consistent with uses and zoning of ne1gnboring ;rooerties. The :im_son Proposal is rot in the best interest of adjoining properties of the communit :; . this Simpson . ro ossl should not be allowed. 1 11/ - — — --- Sincerely, r �,- Th _ -_ �.� F lo �,• �( --� - , _��• �'� .. - - — - DOC. _'`_`: '' ._- e INDEX 4110 \ l). L S - L (7 - N-- RECEIVED TT Ai v _( / u ` C C MAY 2 9,2.001 CITY OF YAKIMA - rat �-✓ 3 //7 - � PLANNING DIV. u riLy tic, - -j D—//, 1.6--, .--c ,4-<-1 4 , 2,-u �� �r • 5t-ci - 66 c.,,__ zz_ ci,_4„.,_L / .2 t_.,,,--4-1,_,L 7 Ca C u 5� .S r- o : �. � � ie- �'L-wz _i -2 /--;=' 4 / i''v E& /L.i/ /✓' .� ,' ..v6 (--e-- ' J / -,_, / 2_,..L,.6 , ---612, .....64._ .z&L,./ .--7,/ - _,-.L_, /� �_ = A-----,..—/ '�� /lfi�`f Ain- � % y GAL G'� —�c—1 /1 � •. �.c, ut-) .` - 4- 1 - , y c) FL6).--, C/2--Let,- 1 2.-A.,,,ff-1_,-„,: ( 1 7.: 7 K. C .-- l /L.x. / 72 /Z- C-G1-G ' /A--G-v,---7L- Y J C 6 So (L j J o2, _ 7 L,`F i / • ,__ fl INDEX # g • City of Yakima, Washington Division of Environmental Planning PUBLIC HEARING Staff Report June 14, 2001 Rezone Application by ) UAZO RZ #5 -01 Bruce & Theresa Campbell- Simpson ) EC #11 -01 for a rezone of a single 0.68 acre parcel ) from R -1, Single - Family Residential to ) Staff Contact: B -1, Professional Business, Master zoning ) Dan Valoff Review application & environmental review ) Associate Planner 3111 Tieton Drive, Yakima, WA ) 575 -6163 SUMMARY OF RECOMMENDATION. Staff recommends approval subject to condi- tions. From the view of the site, the matters contained in the application, Development Ser- vices 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. Bruce & Theresa Campbell- Simpson 216 South 24' Avenue Yakima. WA 98902 Location. 3111 Tieton Drive Parcel Number. 181324 - 33003 Application. Rezone of a single 0.68 -acre parcel from R -1, Single - Family Residential to B -1, Professional Business. Master zoning review application for the Class (3) re- view for a "Coffee House" and tutoring service. Class (2) review for a one -chair hair sa- lon, massage /esthetician, and private receptions. Proposed Zone. B -1, Professional Business. Proposed Use. A multi -use building with restaurant (coffee house), hair salon, and professional office space, private receptions. • Filed Hearing Examiner EXH # Date ! 0 . D File # . ! INDE # IPf- Current zoning and Land Use • The site is currently zoned R -1, Single - Family Residential. The site currently occupied with a single family residence. Adjoining properties have the following characteristics: Location Zoning Existing Land Use North R -1 Single- family residence East R -1 Parking lot West R -1 Single- family residence South R -1 Single- family residence Project Description The rezone of a single 0.68 acre parcel from R -1, Single - Family Residential to B -1, Pro- fessional Business. The rezone is intended to create a neighborhood and "community gathering place" between the Memorial Hospital campus to the east and the surround- ing residential neighborhood. The existing residence contains approximately 4,600 square feet of usable floor space. A professional office for a Food Ingredient Broker- age firm will be located on the second floor, a Class (1) use in the B -1 zone. The main floor of the existing residence will contain a sit down style Coffee House serv- ing coffee, muffins and other prepared foods to be brought in, there will be no cook or chef on the premise. This is a Class (3) use in the B -1 zone. There will be a part -time, appointment only, hair salon and an Esthetician or Masseuse. This is a Class (2) use in the B -1 zone. Another part time use will be for a one -on -one tutoring center in a portion of the base- ment. This is a Class (3) use in the B -1 zone. The applicant is proposing to offer the home for receptions on an appointment basis. Receptions will be limited to Fridays and Saturdays from 3 p.m. to midnight and on Sundays from noon to 6:00 p.m. Memorial Hospital has offered the shared use of the parking lot to east parking after 5:00 p.m. on weekends and holidays (see attached ex- hibit). It contains 60 parking stalls. The site plan indicates that 18 off - street parking spaces will be available for the use of the facility. 1997 Yakima Urban Area Comprehensive Plan The applicant requested a change in the future land use map during the Year 2000 Comp Plan amendment process from Low Density Residential to Professional Office. The Regional Planning Commission, Joint Board, and the Joint City Council and County Commissioner's approved the amendment to High Density Residential. This rezone is compatible with the following Policies and Objectives of the 1997 Com- prehensive: • 2 DOC. INDEX • • The 1997 Yakima Urban Area Comprehensive Plan, Future Land Use Map desig- nates this area as being suitable for high - density residential development. The Fu- ture Land Use to Zoning Map Consistency chart provides a guide to the compatibility of land use designations and the zoning districts. The Chart indicates that the High Density Residential designation may be compatible with the B -1 zoning district. • Objective G1.1: Encourage the physical development of the Yakima Urban Area in a manner that enhances its image as the cultural and business center. (1997 Plan) • Policy C2.2: Office development should be encouraged to locate within city limits. • Objective C2.3: Allow and encourage small -scale mixed -use re- tail /residential /professional development within neighborhoods. Yakima Urban Area Zoning Ordinance Chapter 15.03.030 states that the B -1, Professional Business district is intended to: a.) Establish and preserve areas for professional offices; and, b.) Provide a buffer between commercial clusters and residential neighborhoods; and, c.) Locate professional offices in areas presently receiving a full range of urban ser- vices. la Professional offices and, in some areas, a mix of professional offices and multi - family dwellings are the primary uses in the district. Residential densities are generally greater than twelve dwelling units per net residential acre. Building coverage may be as high as eighty percent of the site since sitescreening requirements have been estab- lished to soften the visual impact of large buildings and parking lots and minimize po- tential nuisances from light, noise and glare. Development standards are intended to accommodate a mixture of high- density residential development and office uses. The Urban Area Zoning Ordinance (UAZO) indicates that the proposed uses of the "Coffee House" and the one -on -one tutoring center are Class (3) land uses within the B- 1 zoning district. The accessory use of the parking lot for the reception facility is a Class (3) use in the abutting Memorial Hospital property which is zoned R -1, Single - Family Residential. The proposed beauty salon /massage /esthetician and the reception hall are a Class (2) use within the B -1 zone. The Class (2) and (3) review process enables the neighbor- hood an opportunity to review and comment upon the compatibility of the proposed use and that the use does not conflict with nor detract from the primary purposes of the zon- ing district. The Reviewing Official may approve deny, or impose conditions on the pro- posed use and site improvements. Compatibility: "Compatibility" is defined by the ordinance as meaning "...the character- istics of different uses or development that permit them to be located near each other in harmony." (YMC 15.02.020). Based upon the number of comments received not in fa- 3 DOC. INDEX vor of this proposal, it appears that the surrounding property owners clearly believes this proposal would be incompatible to the area. Site Design and Improvement Standards The Yakima Urban Area Zoning Ordinance, Section 15.05.010 establishes basic devel- opment requirements as minimum criteria which must be met to assure land use com- patibility and promote the public health, safety and general welfare. The following is an overview of the proposal's compliance with the aforementioned development standards: Setbacks - Structure setbacks are required by the UAZO (Table 5 -1) and are listed be- low. As proposed, the existing structure complies with these standards. Parking: Chapter 15.06 (Table 6 -1) of the Zoning Ordinance sets forth parking re- quirements for various land uses. The UAZO requires that multiple use centers (3 or more uses with shared parking) to provide one spaces per 300 square feet of gross floor area. The applicant has provided the following information regarding the floor area break -down according to use. Professional office space (second floor) 1,362 sq. ft. Coffee shop (main floor) 1,455 sq. ft. Hair Salon (one chair) 497 sq. ft. Massage /Esthetician 253 sq. ft. Tutoring (basement) 450 sq. ft. Receptions (basement) 600 sq. ft. • Total 4,619 sq. ft Divided by 300 square feet of gross floor area, the proposed use will be required to provide 16 paved, off - street parking spaces. The site plan indicates 18 off - street parking spaces to be provided on the property. Access/Traffic circulation: As shown on the applicant's site plan, customers will be able to access the site from South 32n Avenue and Tieton Drive. Traffic Engineering indicates that the proposed driveways for this development are placed at adequate dis- tance from the signalized intersection of Tieton Drive and 32n Avenue. On -site vehicle circulation appears adequate according to the site plan submitted. Signage: The site plan identifies a 5 -foot by 4 -foot wood freestanding sign to be lo- cated along Tieton Drive. All signs for the proposed business are subject the sign standards for the B -1 zoning district as described in Chapter 15.08 of the zoning ordi- nance. The property is allowed one freestanding sign per street frontage. Freestand- ing signs placed 15 -feet or less from the right of way cannot exceed 24 square feet in sign area with a maximum height of 10 feet. Site - screening: The Yakima Urban Area Zoning Ordinance at 15.07 establishes site screening standards to provide a visual buffer between uses of different intensity, streets and structures, reduce erosion and storm water runoff, protect property values and eliminate potential land use conflicts by mitigating adverse impacts from dust, odor, 4 INDEX # � Q • litter, noise, glare, lights, signs, building or parking areas. After review of Table 7 -1 of the UAZO, it has been determined that site screening standard "C will apply. Standard "C" requires a six -foot high, view obscuring fence, made of wood, masonry block or slat- ted chain link. A three - foot -wide planting strip landscaped with a combination of trees, shrubs and groundcover along the outside of the fence is required when the fence is adjacent to streets, alleys and pedestrian ways. Adequate sitescreening has been pro- vided. Public facilities: Adequate public facilities are available to serve this site. Ch. 15.23.030 Rezone criteria Recommendations for approval of rezone applications are governed by seven criteria specified in Section 15.23.030 YMC. 1. Testimony at public hearing. To be considered by the Hearing Examiner. 2. Suitability of property for proposed use. The property is a large Tudor style house built around 1930. It is located at the signalized intersection of Tieton Drive and South 32 " Avenue, adjacent to Me- morial Hospital campus. The rezone to B -1 will allow the property to be pre- 4111 served in its present form and will serve as a buffer between the neighborhood on the west and Hospital to the east. 3. Recommendations from interested agencies. All agencies and city departments indicate that public services are available to the site and this rezone would not create any difficulties for infrastructure. 4. Compliance with the Comprehensive Plan. The Comprehensive Plan's future land use map designates this property as High Density Residential. The Yakima Urban Area Comprehensive Plan sets out cer- tain Goals, Objectives and Policies to help direct growth and change. The pro- posal is in compliance with the Goals, Objectives and Policies of the Compre- hensive Plan. 5. Adequacy of public utilities. This property is currently served by all necessary public utilities. Street access is from Tieton Drive and South 32 Avenue, both of which are Arterial Street at this location. Transit service is provided along Tieton Drive. 6. Compatibility of proposed use. The rezone to B -1 and proposed Class (2) and (3) uses will allow the property to be preserved in its present form and will serve as a buffer between the neighbor- hood on the west and Hospital to the east. Testimony at the hearing should be • considered in determining whether this proposal is compatible with the surround- ing land uses. 5 f '-J ' #/09 7. Public Need • The project as proposed will provided a small -scale mixed -use commer- cial /professional development within the neighborhood in which it is intended to serve. The community will be strengthened by the preservation and opening the property to the public. The proposed uses will add vitality and become a com- munity asset for the area residents as well as for people outside the area. Preservation and uses such as this make the city more complex in a positive way and improve the quality of life for its citizens. Development Services Team comments A design services team meeting was held on May 2, 2001 discuss the technical aspects of this proposal. The following is a summary of the comments received: Customer Services — Domestic water serves the property from a 12" water main in South 32 Avenue. Sanitary sewer serves the property from a 6" sewer main in an easement on the east property line. There is an irrigation main in South 32 " Avenue. Any new water service will require additional charges. Engineering — Additional right of way shall be dedicated to attain 30 -feet from the cen- terline of the existing streets (32" Avenue & Tieton Drive). Since sidewalk, curb, and gutter are already constructed at this location, no additional widening or improvements to the street will be required. Traffic Engineering — Transportation Concurrency was approved for this development on May 3, 2001. All impacted streets have adequate reserve capacity to accommodate the proposed development at acceptable levels of service. Total estimated PM Peak hour traffic generation from this development is estimated at 12 weekday PM Peak hour trips. The development proposes to use driveways placed at adequate distance from the sig- nalized intersection of Tieton and 32 "° Avenue. A five -foot wide sidewalk exists on the frontage of this development. Tieton Drive is a four -lane Minor Arterial which carries approximately 4200 Average Daily Trips. No other traffic engineering issues at this time. Codes — Applicant should be aware of ADA requirements and a change of occupancy for the building will require building plans in order to receive a building permit. Water /Irrigation — There is a 12" and an 8" water main in Tieton Drive and a 12" main in South 32" Avenue. 3500 gpm of fire flow available at this location. Yakima Regional Clean Air Authority — This project may require YRCAA permit for demolition & renovation (asbestos). The project will require a plan for effective control of dust from site preparation, demolition, construction, and landscaping phases. YRCAA recommends all vehicle travel ways be paved. 6 # /08 • No other written comments were received. Transportation Capacity Management Ordinance This project was reviewed under the Transportation Capacity Management Ordinance. On March 3, 2001 the City Traffic Engineer issued a memo stating that the project does not exceed the transportation capacity of the adjacent streets. State Environmental Policy Act A Determination of Nonsignificance (DNS) was issued by the City of Yakima on June 6 . 2001. This determination was based on SEPA guidelines (WAC 197 -11 -355). There were no comments received on the environmental review during the 20 -day comment period. Public Notice Notice for the hearing was provided in accordance with the UAZO requirements in the following manner: Mailing of notices to adjacent owners May 16, 2001 Posting of property May 14, 2001 Legal Ad published May 25, 2001 • Conclusions The Division of Environmental Planning for the City of Yakima, Washington has re- viewed this rezone and Master zoning review application request and offers the follow- ing findings: 1. The property is a large Tudor style house built around 1930. It is located at the sig- nalized intersection of Tieton Drive and South 32n Avenue, adjacent to Memorial Hospi- tal campus. The rezone to B - will allow the property to be preserved in its present form and will serve as a buffer between the neighborhood on the west and Hospital to the east. 2. The project as proposed will provided a small -scale mixed -use commer- cial /professional development within the neighborhood in which it is intended to serve. The community will be strengthened by the preservation and opening the property to the public. The proposed uses will add vitality and become a community asset for the area residents as well as for people outside the area. Preservation and uses such as this make the city more complex in a positive way and improve the quality of life for its citizens. 3. This rezone from R -1 to B - is may not be compatible with surrounding residential neighborhood, but may be suitable with this location on a signalized arterial intersection adjacent to the Memorial Hospital Campus. Testimony at the hearing should be con- sidered in determining whether this proposal is compatible with the surrounding land • uses. DrYI 7 INDEX # /07 4. The proposed rezone is consistent with the future land use map designation of High • Density Residential. 5. All agencies and city departments indicate that public services are available to the site and this rezone would not create any difficulties for infrastructure. Adequate public services are in place and meeting the utility and access requirements of the B -1 zoning district. 6. All public notice requirements of YMC Chapters 15 and 16 have been completed. Recommendation The Division of Environmental Planning recommends that this rezone from R -1, to B -1 be approved as well as the Master zoning review application for the Class (3) review for a "Coffee House ", tutoring service, and the accessory use of the Hospital parking lot, and the Class (2) review for a one chair hair salon and massage /esthetician, and recep- tion area subject to the following condition: 1. The applicant shall enter into a Development Agreement with the City of Yakima to ensure the project is development consistent with the plans submitted with this applica- tion. The Development Agreement shall also stipulate that any changes in use or oc- cupancy of the property will be subject to review at a public hearing before the Hearing Examiner. The Development Agreement shall be reviewed and approved by the City Attorney. • 2. Testimony at the hearing should be considered by the Hearing Examiner in limita- tions to the hours of operation of the proposed use in order to promote compatibility with the surrounding residential neighborhood. 3. Approval of the use to conduct private receptions will require the applicant to pre- pare a "shared parking agreement" with Memorial Hospital. This agreement shall be filed with the Yakima County Auditor's office in accordance with 15.06.050 YMC. A copy of the recorded parking agreement shall be submitted to the Building Official prior to issuance of a Certificate of Occupancy. 4. A final site plan, which includes the items shown on the original site plan, the addi- tions and modifications required by this decision and demonstrating compliance with the Urban Area Zoning Ordinance, shall be submitted to the Planning Department prior to issuance of a certificate of zoning review, pursuant to YMC 15.12.050. The Planning Division requires submittal of a final site plan within 60 days of the final decision by the City Council, or as otherwise arranged with the Planning Department. 410 D ��. 8 INDEX # /a( C /Ir /e k/f2(T 'c lr' - 7_i4 --ii., - r it! ; 1 .;tr • CITY OF YAKIMA REQUEST FOR COMMENTS RECE DEVELOPMENT SERVICES TEAM (DST) APR 2 0 2001 MEETING OF: May 2. 2001 Yakima RaTor�' Clean A Authority TO: City of Yakima Development Services Team RECEIVED °1 FROM: Kim Szogi. Senior Planner !4"14-V? APR 3 0 2001 DATE: April 18. 2001 CITY OF YAKIMA PLANNING DIV. SUBJECT: Master Application for rezone & development of a multi -use community center. LOCATION: 3111 Tieton Drive. Yakima PARCEL NUMBER: 181323 - 33003 Master Application submitted by Bruce Simpson and Theresa Campbell- Simpson for rezone of one parcel from R -1 to B -1 together with Environmental Review and Class (2) O & (3) reviews for multiple uses. including a coffee house, food brokerage. hair salon, esthetician and massage therapy. tutoring. and receptions. Please review the enclosed information and prepare written comments regarding the proposal for this property. A DST meeting will be held on May 2, 2001 at 9:00 a.m. for general discussion. If you cannot attend this meeting, please submit your comments prior to the DST meeting. You can e your comments to me at kszogi @ci.yakima.wa.us. Should you have any questions. or require additional information, call me at 575 -6164. O COMMENTS: @ PGa /Pc i rx t 7' /Pe tk/e)r A' e� `1 / / r-av q%o,yrd %% ort Zr 1- f -i k P 6 7 /-, , , ! �� / 5 +'- - . 4 , 2 S'r 11, P f ! �% � v' :-" '- '. ^r.. , 00 70 /410r ' ���a "�.�to�i�S 7� 5 / f7 p a el 10 /-i rrf CO .) / �i n .. ° / . `., / • f f 1 ,-(t (,,A ;C Cc 7 /el cjc t Z;-••A'f`°el / Contact nr, /.-v! Lyc Departrrfent / Agency / ,2cAft • Filed Hearing Examiner EXH #--q--..Date y46%/ DOC. INDEX File # U4 Ze €Z 'S-o/ # t� Bert b Uti Ta/Customayoyon er Servi CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM (DST) MEETING OF: May 2.2001 TO: City of Yakima Development Services Team FROM: Kim Szogi. Senior Planner DATE: April 18. 2001 SUBJECT: Master Application for rezone & development of a multi -use community center. LOCATION: 3111 Tieton Drive. Yakima PARCEL NUMBER: 181323 -33003 Master Application submitted by Bruce Simpson and Theresa Campbell- Simpson for rezone of one parcel from R -1 to B -1 together with Environmental Review and Class (2) & (3) reviews for multiple uses. including a coffee house. food brokerage. hair salon. 411 esthetician and massage therapy. tutoring. and receptions. Please review the enclosed information and prepare written comments regarding the proposal for this property. A DST meeting will be held on Mav 2. 2001 at 9:00 a.m. for general discussion. If you cannot attend this meeting. please submit your comments prior to the DST meeting. You can e-mail your comments to me at kszogi @ci.yakima.wa.us. Should you have any questions. or require additional information. call me at 575-6164. / COMMENTS: � � ? vt ( S €) /l ( J�,G! 4i lee w T I 4/ ! St144V 41 _L- -.AA/ 3uwices it r, ? /, f 7 / - j `✓r6 ac // / • //,, • 411 441/;(e.--r Contact Department / Agency aI dQ,t.GoY1rrQ� rA( B/ PS .s twice) &ad ii lDEX # 6/ Water Irrigation DST Comments x 0 Applicant: Bruce Simpson Comments Submitted By: io o Location: 3111 Tieton Dr. Dave Brown Water /Irrigation Engineer 575 -6204 = It Parcel #: 181323 -33003 Division: Date: 5/2/01 Water /Irrigation Division 1= primary review 2= secondary review iii j a WATER & IRRIGATION 1 2 existing location, size, etc. 12" & 8" in Tieton and 12" in 32nd 1 2 extension necessary, size No 1 2 2 fire hydrant 32nd and Tieton 2 1 new public easements No 1 2 LID /connection charges Depends on meter size and irrigation water source 2 1 service installation charges Depends on meter size ' 1 1 public/private system Public 1 2 2 Fireflow calculations 3500 gpm L 2 _ Irrigation System City system - - - RECEIVED ott 3 0 2001 cfly OF A PLANNING DIV D own • 12612001 • • 0 3111 • T i e t o n RECEIVED 6w V `` ^^ ' o I -. .I..J--I -! . I , I it..`.�1I-.f1'JU II \ /F. 0 j . APR 3 2001 -- L1J ` =' I CITY OF YAKIMA • i . LI PLANNING DIV. cY ( a - 7= I- .40 J 1 d ME f' 1: I, ..-,1--.-----:- � I - , 1 I AN._ uT s f I 1 w JVA r \ co. . — . ... ,,,_ -7-7-, ,, ,' 0 ••••• Hydrants W - - :: , 1 - - - - -- • Valves { /\/ Waterpipe f �' . _ ! Irr ation i I ___.J ,,_ ---- I J - - � -- � ex Names I Parcels ti ((- •-,.- �- . _ SI IEI - - N — ` - - \I , r 0.1 0 0.1 0.2 Miles .. ..: Y :.� DEPARTMENT COMMUNITY AND ECONOMIC DEVr 7PMENT i .'''' R `' �.1 i Engineering Division V°' .. „4 i� 129 North Second Street .7 ' Yakima, Washington 98901 (509) 575 -6111 • Fax 576 -6305 K. Wendell Adams, City Engineer September 1, 2000 Bruce and Theresa Simpson Tieton / 32 " Avenue Yakima, WA 98902 Subject: Information on Title 12 Requirements for Development on corner of Tieton Drive /32 Avenue Dear Mr. Simpson: • As per our recent conversation, I have reviewed your ro osed development and have P P P verified the requirements of Title 12 as it relates to this development. It is required that the additional right -of -way be dedicated to attain 30 feet from the centerline of the existing street. Since sidewalk, curb, and gutter are already constructed at that location, no additional widening or improvements to the street will be required, at that location. I hope this information is sufficient for your use. Please contact me if additional information is needed. Sincerely, 4 i, K. Wendell Adams, P.E. Yakima City Engineer Cc: City Manager City Attorney III R ` Yakima Do !�d INDEX 1111P ') oug ode C Division Maples Manager CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM (DST) MEETING OF: May 2, 2001 RECEIVED TO: City of Yakima Development Services Team APR 2 7 2001 FROM: Kim Szogi. Senior Planner 1. 1 6 CITY OF YAKIMA PLANNING DIV. DATE: April 18. 2001 SUBJECT: Master Application for rezone R development of a multi -use community center. LOCATION: 3111 Tieton Drive. Yakima PARCEL NUMBER: 181323 -33003 Master Application submitted by Bruce Simpson and Theresa Campbell- Simpson for rezone of one parcel from R -1 to B -1 together with Environmental Review and Class (2) & (3) reviews for multiple uses. including a coffee house. food brokerage. hair salon, esthetician and massage therapy. tutoring, and receptions. Please review the enclosed information and prepare written comments regarding the proposal for this property. A DST meeting will be held on May 2. 2001 at 9:00 a.m. for general discussion. If you cannot attend this meeting. please submit your comments prior to the DST meeting. You can e-mail your comments to me at kszogi @ci.yakima.wa.us. Should you have any questions. or require additional information. call me at 575- 6164. COMMENTS: • I ' Contact Department / Agency • Doc. INDEX # 57 • May 2, 2001 RECEIVED MAY 0 2 2001 To: Kim Szogi CITY OF YAKIMA PLANNING DIV From: Sandy Cox Re: 3111 Tieton Dr. The following will be required upon approval of uses: 1. Scaled floor plans of each floor depicting the use of each area. 2. 2 staircases properly placed apart from each other both from the 2 floor and the basement. 3. One accessible entrance (level with adjacent grade and interior floor: or by ramp). • 4. A minimum of one men's bathroom and one women's bathroom shall be provided in a common area (other than in tenant spaces). New bathrooms installed will be required to meet the WA State Barrier Free law (available to a disabled person). 5. Leasing to 5 or more tenants for retail purposes will require an elevator. 6. One parking space shall be designed to meet accessibility standards: 16' wide and 19' deep with one -half of the space striped. This space shall be the one closest to the entrance. 7. Review and permits will be required for any remodeling. Provide 2 complete sets of plans for this review. 8. Storm drainage will be required to be maintained on site with catch basins or similar. Additional information may be forthcoming depending upon the review of the above. If you have any questions. please let me know. • DOC. INDEX # S� Szogi. Kim From: Belles. Carolyn • Sent: Friday. April 27. 2001 8:08 PM To: Szogi, Kim Subject: re: 3111 Tieton Dr Addressing If there are to be tenant(s) in the basement area, I would recommend the tenants in the basement area use 100 series suite numbers, ie 100, 102, 104, etc. and the main floor tenants use 200 series suite numbers, ie 200, 202, 204 etc. The logic for this, is that it directs YPD /YFD staff responding to less numbers, lower levels. Questions or concerns, please see me. thanks, carolvn RECEIVED APR 3 0 2001 Carolyn Belles Code inspect:on Of cc Ass: CITY OF YAKIMA 576 -6656 PLANNING DIV. 576 -6576 (taxi emau: cheiiesgci.uaiama.,ea <<. DOC. INDEX Szogi, Kim Davenport, Joan 111;1:: Monday, May 07, 2001 1:49 PM To: Szogi, Kim Subject: Simpson Rezone DST Transportation Concurrency was approved for this development on May 3. 2001. All impacted streets have adequate reserve capacity to accommodate the proposed development at acceptable levels of service. Total estimated PM Peak hour traffic generation from this development is estimated at 12 weekday PM Peak hour trips. The development proposes to use driveways placed at adequate distance from the signalized intersection of Tieton and 32nd Avenue. A five foot wide sidewalk exists on the frontage of this development.Tieton Drive is a four -lane Minor Arterial Street which carries approximately 16,600 Average Daily Trips. 32nd Avenue is a two lane street classified as a Minor Arterial which carries approximately 4200 Average Daily Trips. No other traffic engineering issues at this time. Joan Davenport Supervising Traffic Engineer City of Yakima Public Works 2301 Fruuvale Boulevard Yakima. WA 98902 (509) 576 -6417 jdavenpo@ci.vakima.wa.us • • DOC. 1 INDEX rt DST PACKETS Applicant: „ ��i» °Scn, UAZO# *5 EC )1 - ! Date of 1`'teetinn 2— MAy 01 • City of Yakima Divisions: dp Codes — Doug Maples 11. raffic Engineering. — Joan Davenport Codes — Sandy Cox 1'Streets — John Rutter Codes — Carolyn Belles (13.) Parks & Rec. — Denise Nichols 4 Codes — Nancy Danko _ t >"14.,�O.N.D.S. — Bill Cobabe 5 Engineering Tech — Kevin Callow 15. Transit — John Haddix Water / Irrigation - Dave Brown 16. Police — Mike Vowell i. Utilities — Bert Tabayoyon 17. Refuse — Nancy Fortier o p Wastewater — Pete Hobbs 18. County Public Works — Vern Redifer OP Fire Dept. — Mitch Cole 19. County Planning. — Steve Erickson 10. 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 23. WA State Dept of Ecologv - Debbie Smith. 15 W. Yakima Ave. Suite 200 98902 24. No. Yakima Conserv. Dist. - Ray Wondercheck 1606 Perry St. Suite F 98902 Pacific Power & Light Co. — Jim Moore 1101 N. 16th Ave. 98902 26 •Q West — Millie Will S S. 2nd Ave. Rm 304 98902 L/'?Z: Cascade Natural Gas Co. — Sheila Ross 401 N. 1st St. 98901 2S. Yakima School Dist. #7 — Ben Soria 104 N. 4th Ave. 98902 29. West Valley School Dist. #20S Peter Ansingh 8902 Zier Rd. 98908 v Charter Communications - Kevin Chilcote 1005 N 16th Ave. 98902 ,/7 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 Greenwav 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 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. Jerry Henderson. contact (Trolleys) 309 No. 35 Ave. Yakima, WA 98902 DOC. INDEX # 53 • CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM (DST) MEETING OF: May 2. 2001 TO: City of Yakima Development Services Team FROM: Kim Szogi. Senior Planner ;�``J� DATE: April 1 S. 2001 SUBJECT: Master Application for rezone & development of a multi -use community center. LOCATION: 3111 Tieton Drive. Yakima PARCEL NUMBER: 181323 -33003 Master Application submitted by Bruce Simpson and Theresa Campbell- Simpson for rezone of one parcel from R -1 to B -1 together with Environmental Review and Class (2) (3) reviews for multiple uses. including a coffee house, food brokerage. hair salon. esthetician and massage therapy. tutoring. and receptions. Please review the enclosed information and prepare written comments regarding the proposal for this property. A DST meeting will be held on May 2. 2001 at 9:00 a.m. for general discussion. If you cannot attend this meeting. please submit your comments prior to the DST meeting. You can e-mail your comments to me at kszogi @ci.vakima.wa.us. Should you have any questions. or require additional information. call me at 575- 6164. COMMENTS: Contact Department / Agency 1111 DOC. INDEX #5a • o f Yi .44 111107: ' s DEPARTMENT OF PUBLIC WORKS ...1 • rs 2301 Fruitvale Blvd.. Yakima. Washington 98902 Phone (509) 575-6005 • 1„ � .. ;oRATED \ __ RECEIVED MAY 0 4 20`C: . A K A DIV. May 3. 2001 Mr. Bruce Simpson 216 South 24 Ave Yakima. WA 98902 Subject: Notice of Decision for Transportation Concurrency Analysis Mixed Use Commercial Development Dear Applicant. Enclosed is the Decision for the Transportation Capacity Analysis of the proposed mixed use commercial development at 3111 Tieton Drive. This development has been APPROVED for Concurrence Analysis. Concurrency review determined that reserve 0 capacity is available on all impacted arterial streets. Concurrence 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. 4 % Ari J Davenport .. servising Traffic Engineer O enclosure copy: Kim Szogi. City Planning Sandy Cox. City Code Department III Yakima tzetel INDEX 1 'III1 Administration 575 -61105 • Equipment Rental 575 -6005 • Parks & Recreation 575 -60211 • Ret'us•e 575 -6005 ` J Street 575 -6005 • Traffic 575 -6005 • Transit 575 -6005 # T� / , 1994 • City of Yakima, Washington Traffic Division of Public Works Department Transportation Concurrence Analysis Date of Review: May 3, 2001 Review Prepared by: Joan Davenport, Supervising Traffic Engineer (576 -6417) Proposed Development: Simpson Development (Receipt # NA ) Subject Address: 3111 Tieton Drive ITE Land Use Category: LU #814, Retail Center Calculation: 2.59 PM Peak Hour Trips per 1000 s.f. development [2.59 * 4.62 = 11.9 PM Peak Hour Trips] Expected Net PM Peak Hour Trip Generation: 12 PM Peak Hour trips Summary of Impact: The applicants. Bruce and Theresa Simpson propose to re -use an existing structure for a mixed retail center consisting of professional office, coffee shop, hair salon massage. tutoring and reception area within a total area of approximately 4.620 square feet of floor area and 18 parking spaces. The site is located at 3111 Tieton Drive. at the signalized intersection of Tieton and 32 Avenue. All traffic from this new development will enter the Arterial Street system on S 32nd Avenue and Tieton Drive. City of Yakima Administrative procedures for Concurrence 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 Concurrence Ordinance. City of Yakima Transportation Concurrence_ assesses arterial street segment capacity only and does not address intersection capacity. Sea Street Segment Total PM Pk Peak Hr New Resultin V/C Segment ADT Hr Reserve Dev. PM g PM Pk Ratio LOS (V /C ADT Cap. Pk Hr Hr Ratio) Impact Capacity 65 32nd Ave: Tieton to Summitview 4.500 392 I 1.209 3 1.206 0.25 A 66 32nd Ave:Tieton to Nob Hill 1 4.300 374 1 1.226 2 1.224 0.24 A 163 Tieton: 32nd to 40th Ave 17.400 1.514 1.686 4 1.682 0.47 A 164 Tieton: 24th to 32nd Ave 16.5001 1.436 1.713 9 1.704 0.45 A 163 Tieton: 24th to 16th Ave 17.6001 1.531 1.617 5 1.612 0.48 A Summary of Impact to City of Yakima Arterial Streets: This application has been reviewed and approved for consistency with YMC 12.08 Transportation 0 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. Transportation Capacity Analysis DOC,. Page 1 of i INDEX # 56 City of Yakima, Washington • TRANSPORTATION CAPACITY ANALYSIS The Washington State Growth Management Act (RCW 36.70A.070) req 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 Peak Hour traffic on the City of Yakima arterial streets. APPLICATION INFORMATION FEE: S250 (Receipt # ) Applicant Name: Bruce SL son and Theresa Carrpbell Simpson Contact Person: Bruce Simpson Mailing Address: 216 South 24th Avenue Yakima, 471 98942 Project Address: 3111 Tieton Drive, Yakima, W? 98902 Parcel Number: 181323 -33003 RESIDENTIAL COMMERCIAL LNDUSTRI L • Number of Units Describe Mixed CGrrnercia1Desc jbe - Housing Type: Gross Floor Area: See Gros; Floor Area: ising)e family, Apartment. condo. MHP) Attached — Special Population: Parking Spaces: 16 Parking Spaces: 18 Plus (Assisted Living, Nursing Home, e ;c) ef eauirerovided) (Require rovided) Other: Number of Employees Number of Employees (Day Care, Church, etc) Project Description: Concert single family residence to a mixed courrercial use. Specific uses are attached. * * ** *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 the:7e is a limited time period for Request for Reconsideration or Appeal. Ouestions? Contact the City of Yakima Public Works Traffic Division III 2301 Fruitvale Boulevard, Yakima, WA 98902 Phone: 509/575 -6005 DOC. INDEX • GROSS FLOOR AREA BY USE AND NUMBER OF EMPLOYEES Professional Office Space — second floor 1362 sq. ft. (Employees 2.5, no walk -ins) Coffee Shop —main floor 1,455 sq. ft. (Employees 2 -3) Hair Salon (1 chair) 497 sq. ft. (Employees 1 part -time, no walk -ins) Massaae/Esthetician —area above salon 253 sq. ft. (Employees 1 part-time, no walk -ins) Tutoring— basement 450 sq. ft. • (Employees 1 part -time) 600 s Receptions - -- basement sq. ft. q (Employees 1 part-time) • DOC. INDEX • WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON JUNE 6, 2001 PROJECT DESCRIPTION: Rezone of a single 0.68 -acre parcel from R -1, Single - Family Residential to B -1, Professional Business. PROPONENT: Bruce & Theresa Campbell- Simpson LOCATION: 3111 Tieton Drive, Yakima, WA. LEAD AGENCY: City of Yakima. 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. [ X ] This DNS is issued under WAC 197 -11 -355, Optional DNS process. There will be no additional comment period on this DNS. APPEALS: This determination may be appealed 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 Dan Valoff, Associate Planner (509) 575 -6163 for more information. RESPONSIBLE OFFICIAL: William Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: June 6, 2001 SIGNATURE: • Filed Hearing Examiner EXH # 6 Date ev !o 0 DOC. ---- INDEX File # r_• =r .S —O/ # g� • NOTICE OF APPLICATION AND PUBLIC HEARING DATE: May 16, 2000 TO: SEPA Reviewing Agencies Applicant. and Adjoining Property Owners FROM: Doug Maples. CBO. Code Administration & Planning Manager SUBJECT: Notice of Completeness & Application Concerning property located at 3111 Tieton Drive. File No. UAZO RZ #5 -01: EC # 11 -01 NOTICE OF PROPOSAL On May 16. 2000 the City of Yakima Department of Community & Economic Development received a rezone application from Bruce & Theresa Simpson to rezone a single 0.68 -acre parcel located at 3111 Tieton Drive. Assessors parcel number 181323- 33003. from R -1, Single Family Residential to B -1, Professional Business. The applicant has also applied for the Class 3 review to operate a "Coffee House ". Class 3 review to operate a tutoring service and the Class 2 review • for a hair salon /esthetician. This application is subject to approval with conditions. The application was considered complete for processing on May 16. 2001. 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. ENVIRONMENTAL REVIEW The City of Yakima Department of Community & Economic Development is lead agency for this proposal under the State Environmental Policy Act (SEPA). The environmental checklist and other information on file with the Planning Division are available to the public upon request. Written comments concerning the environmental impacts for the proposal will be accepted during the 20 -dav comment period which ends June 5, 2001. The threshold environmental determination will be issued under WAC 197 -11 -355, the Optional review process: there will not be an additional comment period. The City of Yakima is inclined towards the issuance of a Determination of Nonsignificance (DNS) on this project. The threshold determination may be appealed in accordance with the City of Yakima Municipal Code 6.88.170. NOTICE OF OPEN RECORD HEARING .An open record public hearing will be held before the Hearing Examiner on Thursday June 14, 2001 at 9:00 a.m. in the Yakima City Council Chambers, 129 North 2nd Street. Yakima, WA 98901. Mail your comments on this project to City of Yakima. Department of Community & Economic Development. Planning Division. 129 North 2nd Street. Yakima. WA 98901. Be sure to reference "Simpson Rezone" in your correspondence. The Examiner's recommendation will be forwarded to the Yakima City Council for review at a closed record public hearing. If you 4110 have any questions on this proposal call Dan Valoff, Associate Planner at (509) 575 -6163. Encl.: SEPA Checklist. Site Plan, Narrative, and Vicinity Maps. DD D. INDEX S/ Army Corps Dept of Natural Resources P . Box C -3755 713 Bowers Rd Mr. Greg Griffith iii• e, 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 Soc/Health 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 Burlingame 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 Ornelas Clean Air Authority Environmental Protection Agency Yakima Co. Commissioners S. 2nd 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 L. 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 Ecology, Ynviron Review Section Nob Hill Water Co Mr. Vern Redifer O Box 47703 6 111 Tieton Dr Yakima Co Pub. Works lympia. 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 0 0 Ted Clusing t. of Fish & Wildlife 1 So. 24" Ave. Planning & Com 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 989 INDEX 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 Yea, 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 Ansignb 8902 Zier Road Yakima, WA 98908 DOC. INDEX AFFIDAVIT OF MAILING SEPA NOTICE STATE OF WASHINGTON CITY OF YAKIMA Re: 1ti476 E C / / Si h'i/DS 3 l // Tp den- fir' 1, 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 110 day of miry ,2001. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 41// Christine Wilson • 00'. N CITY OF YAKIMA: ./ � `' -; LAND USE APPLICATION RECEIVED _ : ).° �, ,,,e....-.,-,.. "� • = DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT APR 1 1101 '; s. 1 ,, ... •,. • b • %' 129 NORTH SECOND STREET, 2ND FLOOR CITY OF YAKIMA ° %,� • + �° YAKIMA. WASHINGTON 98901 PLANNING DIV. • " = =''`' VOICE: (509) 575 -6183 FAX: (509) 575 -6105 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 - CER 1. I1 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. 1. APPLICANT l NAME Bruce Simpson and Theresa Campbel l -Simpson 2. APPLICANT ADDRESS STREET 216 South 24th Avenue CITY y AND PHONE NUMBER STATE y1P, zIP98942 PHONE (50 248 - 9443 MESSAGE (709 ) 697 - 5050 3. APPLICANT'S INTEREST CHECK DOWNER ❑ OWNER REPRESENTATIVE IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER 4. PROPERTY OWNER NAME (IF OTHER THAN APPLICANT) 5. PROPERTY OWNER'S STREET CITY ill ADDRESS AND PHONE (IF OTHER THAN APPLICANT) STATE ZIP PHONE ( ) MESSAGE ( ) 6. ASSESSORS PARCEL NUMBER (S) FOR SUBJECT PROPERTY: 181323 -33003 7. EXISTING ZONLNG OF SUBJECT PROPERTY: R - 1 Single Family Residence 8. ADDRESS OF SUBJECT PROPERTY: 3111 Tieton Drive Yakima, inlA 98942 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use aEnvironmental Checklist (SEPA) ❑ Class Use ❑ Right -of -Way Vacation 3 () ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption Ilf ❑ Appeal ❑ Shoreline ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Horne Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat la Transportation �,,i �.� p i y g s� �y n� Capacit Analysis .,iili_i - --. :.Ircsl LisiD 41ai 4432 i1titfl . _ c:•L a ,. A..;...A1 i►f' :3)g NO r' V. ^• 1ilivi l i ' l ".. _ 10. SEE ATTACHED SHEETS .. ''ti l'-' ifADI > - bII C4. r.1wiF Fgt! - 4 :z j 11. I certify that the information on t�tis application and the required attachments are true and correct to the best of my knowledge. i ) '�;' ���,1���; Gt�f 7(,(�t -1�i PEA ✓ / (6 (Q SIGNATURE 1� DATE Revised • ised 9 98 FOR ADMINISTRATIVE USE ONLY I FILE NO. DATE FEE PAID RECEIVED BY AMOUNT RECEIPT NO. DO V`,--.- /SHEARING DATE i �, c•-• ` 1 i.; iWD:Y. J O r di".,./ 71. ' REZONE O R ATV ` Bb !� __....,:45 ' CHAPTER 15.23, YAKIMA URBAN AREA ZONING ORDINANCE (U AZO) 1. REQUEST: (I, we) the property owner(s) request that the following described property be rezoned: From To To > — 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) 3. OWNER'S SIGNATURE: (I, we) certify that (I, we) are -- .f record of all of the above described property: Cr rAR N m OWNERS) SIGNATURE) STATE OF WASHING u� L I T ,� COUNTY OF YAKIMA ) �� t / On this day personally appeared before me . ._.•- `:A..-.:�..,. t ik>, v_r j C;.,w:let ''known to me to be the � . vidual(s) described in and who executed the within and foregoing instrument and acknowledged that they are the er(s) of the property requested to be rezoned, have read the application and know the contents thereof. and believe the same to be true. "k' .y..,. CHERIE D. McALPINE GIVEN under my hand and official seal this t . day of , -Vvit! ,1-9 14c-'t ; - i . >;i• 2t,' P i'+ o . x 't:1 c�_` .u.r '''�.s,` -� P.b.. =- ` "g. , lr .tea erg' T;,; 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'FIEN NARRAI I VE 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: Written project description including number of housing units and parking spaces. If the proposal is for a business escribe hours of operation, days per week and all other pertinent information related to business operations. . ite 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. Revised 9 -98 ^' ' 1 INDEX 2 # 740• A F ? 1 =,N J SITE PLAN CHECKLIST IIIt ....,:. ,k,..„....,„-„,,,,-,-, .:„.,___-......,....„..,,:„,._-_.,;,,_..:._ .._._.-.,..-.,::,...:. . : ..- .. ., __ :.:-...„ ,.,. .,..,_,.,..,,.._„-:-:,.„__\,.........,:.-_,„.,,,,,,-,::,.„,,,,,, Please complete this checklist and include with your final site plan. The site plan must contain all pertinent informa- tion. Items not applicable to the proposed project shall be so noted. If you have any questions please call or come in person to the Planning Division 129 N. Second Street, 2nd Floor.or phone (509) 575 -6183. Check all boxes as: 0' Included $ Not Applicable Eli) The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required information. but �� not less than 8 -1/2" x 11" for Class (1) projects or 11" x 17" for Class (2) projects. lid 2) All site plans shall be drawn to standard engineering scale. The scale shall best fit the paper. The scale used E( shall be indicated on the plan. (Suggested scale provided on site plan template). 3) Site address and parcel number. ) Zoning district of subject site and adjoining properties. - 5 Property boundaries and dimensions. E Names and demensions of all existing streets bounding or touching the site. 7 Dimensions, location and use of proposed and existing construction. 8) Structure Setbacks. 0 E(9) North Arrow. (r9) Lot coverage with calculations shown on the plan. 11) Location and size of any easements. '12) Location and type of existing and proposed landscaping including landscaping located within the public right -of -way. � i L� 13) Location and size of existing and proposed side sewer and water service lines. — S Q PI ft&.cl.�"L :t 214) Adjacent land uses. 0 Location and size of all parking spaces with the parking calculations shown on the map. Er 16) Location and dimensions of proposed or existing driveway approaches. Er17) Vision clearance triangles at street intersections and where driveways and curb cuts intersect with streets. 8 , 8) Location and size of new or existing loading spaces and docks. D 19) Location and size of proposed or existing signs. -- At( 1 2 S 0) Location, type and description of required site screening. �` r"e`1 - = --' a - Location and size of required site drainage facilities including on -site retention — [k'22) Location and size of existing or proposed public sidewalks, that are within 200 feet and on the same side of the street. S 23) Proposed improvements located within the public right -of -way. [;a Name, address, phone number and signature of the owner or person responsible for the proposed project. [11/.5) Calculation of land use density. Note: The Planning Division or reviewing official may require the site plan to include any other information to clarify the proposal. assess its impacts, or determine compliance with the Yakima Municipal Code and other laws and regulations. DOC— `Revised 9 -98 INDEX _ 75 2,6 4. ENVIRONMENTAL CHECKLIST A properly completed Environmental Checklist is mandated by Washington State Environmental Policy Act (SEPA) III for a rezone request. BACKGROUND QUESTIONS 1. Do you have any plans for future additions, expansion, or future activity related to or connected with this proposal? If yes, explain. The plan is to rezone the property and use it for low impact multiple business use. 2. List any environmental information you know about that has been prepared. or will be prepared, directly related to this proposal. None 3. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None 4. List any government approvals or permits that will be needed for our proposal. if known. If interior remodeling is done. a building permit will be needed. 0 5. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description. See Number 6 on Specific Project on the Supplemental Application for Rezone 6. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range. if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description. Site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. See site plan 1. Earth a. General description of the site by marking one: xxx Flat rolling hilly steep slopes mountainous 0 b. What is the steepest slope on the site (approximate percent slope)? 3 percent c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Uv.... INDEX 3 u '7 4 Sandy loam d. Are there surface indications or history of unstable soils in the immediate vicinity? If so. describe. No e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. There will be no fill or change of grades. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. The type of remodeling we are planning on doing should not cause any erosion. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 50 h. Proposed measures to reduce or control erosion, or other impacts to the earth. if any: This is an existing building with perimeter landscaping. Erosion and other impacts to the earth should be minimal. 2. Air a. What types of emissions to the air would result from the proposal (i.e.. dust. automobile, odors, and industrial wood smoke) during construction and when the project is completed? If any. generally describe and give approximate quantities if known. The emission, dust, and odors emulating from this site should be less than what comes from the adjacent street. The emission from this project should be negligible. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. None known c. Proposed measures to reduce or control emissions or other impacts to air, if any: No wood burning in fireplaces. 3. Water a. Surface: • DOC. INDEX 73 1) Is there any surface water body on or in the immediate vicinity of the site (including 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. No 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. • No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose. and approximate quantities if known. No water will be withdrawn. The landscaping; will be watered. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemical ...; agricultural; etc.). Describe the general size of the system =, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. The site is hooked up to city sewer. The number of humans served will vary. Twenty - thirty people may be on the site at one time. •. Water Runoff (including storm water): DO C. :NCEX # 70.2-- s 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? Will this water flow into other waters? If so, describe. • The rainwater or run off water caused by rain will flow into the ground on site. Since this is an existing facility, it will be similar to what happens now. 2) Could waste materials enter ground or surface waters? If so, generally describe. The improvements are hooked up to the city water and sewer. Waste materials should not enter ground or surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Drains will be installed in asphalt as needed. 4. Plants a. Mark the types of vegetation found on the site: deciduous tree: _ alder maple _ aspen _ other— birch, walnut evergreen tree: xxx fir xxx cedar xxx pine other—arbor vida xx shrubs xx grass pasture crop or grain wet soil plans: cattail _ buttercup bulrush skunk cabbage other water plans: water lily eelgrass milfoil _ other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Some shrubs and lawn will be removed. Other shrubs and trees will be planted. c. List threatened or endangered species known to be on or near the site. None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: A variety of vegetation will be added. Cedar trees and others will be planted. 5. Animals a. Mark any birds and animals which have been observed on or near the site or are known to be on or near the site: 1) birds: hawk _ heron _ eagle _ songbirds • other: crows 2) mammals: _ deer _ bear _ elk _ beaver DOC: # 7/ other: none O 3) fish: _ bass _ salmon _ trout _ herring _ shellfish other: none b. List any threatened or endangered species known to be on or near the site. None c. Is the site part of a migration route? If so, explain. Not specifically d. Proposed measures to preserve or enhance wildlife, if any: It is an existing area major changes should not be needed. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Natural Gas and electricity will provide heating and lights. • b. Would your project affect the potential use of solar energy by adjacent properties? If so. generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts. if any: This is an existing structure and system, there will be no major changes. - 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result o this proposal? If so, describe. No 1) Describe special emergency services that might be required. None • 2) Proposed measures to reduce or control environmental health hazards, if any: This should provide no environmental; health hazards. b. Noise DOC. 'NCEX B # ( ' 1) What types of noise exist in the area which may affect your project (for example: traffic. equipment, operation, other)? Existing Traffic 2) What types of levels of noise would be created by or associated with the project on a short- term basis (for example: traffic, construction. operation, other)? Indicate what hours noise would come from the site. There will be some noise from cars coming and going. The tentative operation hours will be 6 a.m. to 9 p.m. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The property is vacant at this time. An R -1 zone and a parking lot to the East. This property is adjacent to the Hospital property to the East. b. Has the site been used for agriculture? If so describe. No c. Describe any structures on the site. • A brick Tudor style house and earage. d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? R -1 f. What is the current comprehensive plan designation of the site? R -3 g. If applicable. what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. No • i. Approximately how many people would reside or work in the completed project? Four to seven people would be working at one time. DC INDEX # 8 j. Approximately how many people would the completed project displace? • None k. Proposed measures to avoid or reduce displacement impacts, if any: N/A I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans. if any: Development Agreement 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high. middle, or low- income house. N/A b. Approximately how many units, if any. would be eliminated? Indicate whether high, middle, or low- income housing. Possibly one or two units will be eliminated. It has been used as a single family residence and a bed and breakfast. • c. Proposed measures to reduce or control housing impacts, if any: Housing seems to be balanced in Yakima. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas: what is the principal exterior building material(s) proposed? Approximate height of highest building is 36 feet to the top of the chimney. The exterior is primarily brick. b. What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any: Property should be aesthetically enhanced by the addition of perimeter landscaping and landscaping on the site. 1. Li ht and Glare a. What type of light or glare will the proposal product? What time of day would it mainly occur? DO0 INDEX /8 Light and glare from the site should be shielded by the perimeter landscaping. b. Could light or glare from the finished project be a safety hazard or interfere with views? • No c. What existing off -site sources of Tight or glare may affect your proposal? Hospital parking has lights on at night. d. Proposed measures to reduce or control light and glare impacts, if any: It should be negligible. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Franklin Park, Nob Hill School grounds, Chestnut Avenue, Eisenhower School grounds b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation 411 opportunities to be provided by the project or applicant, if any: This should be a destination for walkers and bikers. 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 he on or next to the site? If so, generally describe. Not at this time. b. Generally describe any landmarks or evidence of historic, archaeological, scientific. or cultural important known to be on or next to the site. The existing house is architecturally significant. We plan on keeping it the same as it is inside and out as much as possible. c. Proposed measures to reduce or control impacts, if any: N/A 14. Transportation • a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. nr INDEX # •7 10 See site plan. 0 b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? Public transit stops within 50 feet of this site. c. How many parking spaces would the completed project have? How many would the project eliminate? 18 spaces for cars and one bike parking area with no spaces eliminated. In addition there will be 60 plus other spaces available on a part time basis. See Attachment .A VN . d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No e. Will the project us (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No 40 f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Peak hour 7 — 8 A.M. The traffic on both adjacent streets is now significant. The objective is to get a small percentage of the traffic that is already going by to stop, not to increase the overall traffic on the two streets. The traffic map in the City Planning Office shows the peak traffic on 32nd Ave in this area to be 4.700 and on Tieton Drive 15.800. We are encouraging a sit down style Coffee House with people enjoying the ambiance, not a drive through espresso stand. If you say at the peak time the parking turns over four times (which we think is much higher than will happen) this is 18 spaces times 4 = 72 trips during peak hour. If you say all of this is new traffic to these streets not a diversion than it will mean: 72 divided by 4,700 = 1.6 %. 72 divided by 15,800 = less than 1/2 % new traffic on these streets. We have estimated the number of trips higher than what we think will happen to illustrate that as a percentage of total traffic on these streets it is very low. g. Proposed measures to reduce or control transportation impacts, if any: 0 We will encourage people to walk, ride their bikes, and take the bus when visiting this site. This project will allow people in the greater neighborhood to patronize the Coffee House without having to drive. This is an objective we are trying to achieve. 15. Public Services DOC. INDEX # (o (p 11 a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, school, other)? If so, generally describe: • No 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. The utilities are already in place because this is an existing facility. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone sanitary sewer, septic system, other. All of the above are in and hooked up. Additionally internet service will be hooked up. 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. See 16.a above C. SIGNATURE (To be completed by the applicant.) The above answers are true and complete to the best of my knowledge. 1 understand that the lead agency is relying on them to make its decision. '(, to Submitted Signature 1''�vw �' C t D. SUPPLEMENT SHEET FOR NONPROJECTACTIONS (To be completed by the applicant.) (Do not use the following for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. 'i �'Chr<. .;�'SM«uv rrrrf ff ":"",',"7‘—‘7 'C^'<a \ v < K, >\ r .2 r > < u > i r < r r r 0 C. INDEX 4S 1. How would the proposal be likely to increase discharge to water; emissions to air: production, storage, or release of toxic or hazardous substances; or production of noise? • Not much different than what occurred when it was a bed and breakfast. Proposed measures to avoid or reduce such increases are: Site screening, additional landscaping 2. How would the proposal be likely to affect plants, animals, fish, or marine life? There would not be a material change. Proposed measures to protect or conserve plants, animals, fish, or marine life are: We plan on planting more trees and vegetation than already exists on the property. 3. How would the proposal be likely to deplete energy or natural resources? N/A Proposed measures to protect or conserve energy and natural resources are: • To encourage people to walk and bike to facility. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? N/A Proposed measures to protect such resources or to avoid or reduce impacts are: N/A 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? N/A Proposed measures to avoid or reduce shoreline and land use impacts are: N/A 6. How would the proposal be likely to increase demands on transportation or public services and O utilities? Hopefully more people will walk and bike here and consequently not drive somewhere else to fill the need they can fill here. People from the Hospital will be able to walk here rather than drive to a lotte DOC. INDEX # 49 q i; stand to get a lotte. Hopefully this project will be a neat trade off on transportation —more walkers and bikers fewer drivers. Proposed measures to reduce or respond to such demand(s) are: 1111 N/A 7. Identify. if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No known conflicts • • DO v !N0EX M 603 ry y SU ° LEMENTAL APPLICATION FOR: ) :t7 . .:� REZONE ........5, .0, ,ear. CHAPTER 15.23, YAKIMA URBAN AREA ZONING ORDINANCE (UAZO) z ; :+ �+ 't �- �' , iF .• .r°�• = .••. ._ ate' a sr- � .... .. ` d �e tx i:.'"* N I 1b:,,l1 $1 .. i ii, .-7:141 ' 1" ,Z.i - . ._r^ ;...:f +» t 3. a. ' . r . 7 �„, �� tn,:..,...- . 1. REQUEST: (I, we) the property owner(s) request that the following described property be rezoned: From 11--A To � — t 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) 3. OWNER'S SIGNATURE: (I, we) certify that (I, we) are :...,..f record of all of the above described property: iNO s:to e i cr) P C Y ( OWNER(S) SIGNATURE) STATE OF WASHING OA -o ti \ • cc . :9ER 30, - COUNTY OF YAKIMA -cc.' _ a r �v� 4 this day personally appeared befo me - _ °- . , I ni.r-s. C..,.tit<<, `known to me to be the vidual(s) described in and who executed the within and foregoing instrument and acknowledged that they are the n er(s) of the propene requested to be rezoned, have read the application and know the contents thereof. and believe the same to be true. GIVEN g under my hand and official seal this this . 1 �' p� day of -∎ �'. ,19 . =.t. CHERIE O. McALPINE ..'e- P . ' " + tAN - 11 a: Y L' '..+a .. �'TF '— A�'n,_'a , .6y�..: r ?x...3 : i�+Twrorr..x a ^.pe...`._ <`Y'.�t, .i::.?:.:5 � y�'�CS'''i>::�- °.Y��' "+'. . !� $' :fi. -- ..-2 ._ a.,. a _�ca�w aLW'- ~ '.m ...:141: "':.? i'i'!%:."..".'i^ .'.'.ati, vn'''a�.r. Cx''�2SR?i 'a �&+ '�r'a «i� G 4. ENVIRONMENTAL CHECKLIST A properly completed Environmental Checklist is mandated by the Washington State Environmental Policy Act (SEPA) for a rezone request. Checklists should be obtained from the Planning Division. 5. WRITTEN NARRAI IVE 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: Vritten project description including number of housing units and parking spaces. If the proposal is for a business escribe 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. Revised 9 -98 ^�,,. i:;liz # an z CITY OF YAKIMA: ( F � p F Y �\ ED I ,...• LAND USE APPLICATFW F • ::,0..t10 III 3 ' DEPARTMENT OF COMMUNITY AND ECONOMIC DENOIR) � 1D1 `' � 129 NORTH SECOND STREET. 2ND FLOOR '< 1 . : -. ... '' ;` YAKIMA. WASHINGTON 98901 CITY OF YAKIMA "Oj"D VOICE: (509) 575 -6183 FAX. (509) 5 -6105 PLANNING DIV. iIS`ERIRtBI PTSSE:REA IEiRS � . .. , r ... y :�. , .. QNS� �D ear r rrui •ans�vecscleari �' = �> Answer all questions completely. If you have any questions about this form or the application process call. corr::n person or 7:!:::.• accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART f\ - CERTIFICATIC iN are on :his r.i . 1 l,7 I1 and III contain additional information specific to your proposal and MUST be attached to this page to complete me spriication F.en ciiire: to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Di% ision cannot _:r. application unless it is complete and the filing fee paid. Filing fees are not refundable. 1. APPLICANT I NAME ✓u cL S t `T s" T h -e•aSA Cc p G( f - S r kme.soY�, 2. APPLICANT ADDRESS STREET V'�" 4 ? . ` Y 0 .t(� 2 Co s . Z 4444_ AND PHONE NUMBER STATEN)) 64_ ZIP 4 Vol PHONE (coot) Z 44 q44/ MESSAGE ( e55q 6 q 7 - 957) 3. APPLICANT'S INTEREST CHECK Q'..-OWNER C OWNER REPRESENT.1: - T . . E IN PROPERTY ONE Ej CONTRACT PURCHASER E OTHER 4. PROPERTY OWNER NAME (IF OTHER THAN APPLICANTS 5. PROPERTY OWNER'S STREET C:111 ADDRESS AND PHONE • ; IF OTHER THAN .APPLICANT) STATE ZIP PHONE t ) \lES; AGE 6. ASSESSOR'S PARCEL NUMBER (S) FOR SUBJECT PROPERTY: / 5(3 Z; — 33003 7. EXISTING ZONING OF SUBJECT PROPERTY` - 2— I S I w., � e_ �cl K.. I, a-e St cL„e C-<r 8. ADDRESS OF SUBJECT PROPERTY: 3( Ti .e (( Y tile_ t ,.4.4. 01. u A . q 8 '70 L 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ,,2 (_ ( 2) Use ❑ Environmental Checklist (SEPA) ❑ Rignt- of -W;:■ Vacation 5 Class u) Use ❑ Modification to Approved Class (2) & ( _) Uses ❑ Short Piat E\eruption ❑ Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation hv Hearing E>arnincr O Administrative Adjustment ❑ Short Plat ❑ Other PART.11 SIIPPLEA' ENTAAI APREICAATIONYAND :PA tTAII- REQUIRED ATTACHMENTS °I' 1 :frill :, 11). SEE ATTACHED SHEETS PAREI,VACER:TTPIeATiO 1L .. T- i:Lt. 5... , - 4 :4 itagatigi. : . �.N.�t I : -> 111'0-.•4i;',-rim 1 1. I certify that the informatio n this application and the re aired attachments are true and correct to the hest of m) knowledge / (1,,, r SIGNATURE / / DATE • Revised 9 -98 FOR ADMINISTRATIVE USE ONLY I FILE NO. \ DATE FEE PAID RECEIVED Et AMJCN'T RECEIPT •'n HEAR+1. : D:X ff 39 NECEIVED SUPPLEMENTAL APPLICATION FOR: APR 2 • LASS (2) REVIEW E4LASS (MI 'V CHAPTER 15.11 AND 15.15, YAKIMA URBAN AREA ZONING ORDINANCE (UAZO) I•, �', a•�` � -, II . I o I , - t I: I :I I 1 , I.. 1 1 .. 1 .1 , I 1 ;11 v'l 1 •. I,I 1 L,i � l., ■. •I � I fl 1 l 1 I I I I r : 1 I II ' �I ,, l I I I II I. , I ( I ,. I n IK I" t 'iii 'I n. J.:J._7. .L.. . 1!,I_ .: L._ �. I_,I ,L. il_L . . _: L. , .I Hill �. i. �: I . " II - I - ! i I � I I Im ! I• i Ii.I `I, 1 ,• I Lf .... . .,... ::= 1. PROPOSED LAND USE TYPE (important: Must be taken From Table 4-1, of the Urban Area Zoning Ordinance) 477 • _„ 2 LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) A rT4 -4eP I . ..c,.. , , .., ....:..�u, I t .i , uc :,— -- 1 , p,': 11 , I , , 1 I i l II ,�. . I ', 1 (l I I , 1 r , r I I I ] r � I. 5 , III I , I .I I l , I .I 1 I�1 iii.. �I � .I I I I L 1 � . , I 1 L : I I �, UI . � 11 I I �' I I,1 I . is it "I , II r I .'I: LI 1 � I I I 'I I I I , IpI ;' 9,, ' :1 ,1 Ilph ,. 1.•:II: , � I , ,� 1 „II .. 1':1 - :.. ::t Phi: ;1!.Il. tai 5. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist) WRITTEN NARRATIVE: (Please answer the following questions in the narrative) O A. Fully describe the proposed development, including number of housing units and parking spaces. If the proposal is for a business describe hours of operation, days per week and all other pertinent information related to business operations. B. How is the proposal compatible to neighboring properties? What mitigation measures are proposed to promote compatibility? C. Is your proposal consistent with current zoning of your property; and, Is your proposal consistent with uses and zoning of neighboring properties? D. Is your proposal in the best interest of the community? 7. AN ENVIRONMENTAL CHECKLIST: (If required by the Washington State Environmental Policy Act (SEPA)) Note: If you have any questions about this process please come in person to this Planning Division, 129 North 2nd St. Yakima, WA or call the Planning Division at (509) 575 -6183, Monday through Friday 8 a.m. to 5 p.m. FOR ADMINISTRATIVE USE ONLY For Class (2) Applications, the proposed development requires Class (2) Review for the following reasons: ❑ Listed as a Class (2) use in Table 4 -1; or, If Structural or other physical site improvements are proposed or required by this title, and the use has frontage on a designated collector or arterial road (single- family dwellings, duplexes, and their accessory structures are exempt from this provision); or ❑ All or part of the parcel proposed for development is in the Flood Plain, Airport, or Greenway Overlay Districts; or, ❑ The proposed use includes hazardous materials; or, ❑ A mobile or manufactured home listed as a Class (2) use in Section 15.04.120. Revised 9 -98 ; = X 1 K 3g RECEIVED R 2 AP 2 ;1001 .. CITY OF YAKIMA -- PLANNING DIV LEGAL DESCRIPTION THE WEST 186.4 FEET OF THE SOUTH 208 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 13 NORTH, RANGE 18 E.W.N.; EXCEPT THE WEST 20 FEET; AND EXCEPT THE SOUTH 30 FEET; AND EXCEPT A TRIANGLE IN THE SOUTHWEST CORNER CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S FILE NOS. 2001308 AND 2001309; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S ALE NO. 2957528. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. • • DOC. INDEX A #3 7 RECEIVED APR 2 3 2001 CLASS 2 AND CLASS 3 REVIEW CITY OF YAKIMA PLANNING DIV. 1. Proposed Land Use Type (Important: Must be taken from Table 4.1, of the Urban Area Zoning Ordinance) Table 4.1 has a list of uses, however it does not list every possibility and does not specifically address some of the types of uses that we are proposing for the subject property. In some cases the categories listed in table 4.1 are much broader that what is being proposed. The proposed land use type is B -1 with multiple use. Because the uses we intend do not fit exactly into the table 4.1 definitions and because we are trying to mitigate the affect on the residential portion of the surrounding neighborhood we are amenable to put some limitations on what the current and future uses are. This can be done through a development agreement or other such vehicle worked out with the city planners. The proposed change is for a multiple use facility. The uses are: a Coffee House. which under table (4.1) is a restaurant and a type 3 use. The difference is that we are not doing a full - fledged restaurant. We will have a sit down style Coffee House like a Starbucks or Seattle Best with a different more relaxed atmosphere. There will be no chef or cook and the food items will be muffins, scones and dessert items which will be catered in. The next use is a Food Brokerage. This is a class 1 use. This will be either under professional offices, or as an aaencv or brokerage which is a class 1 use. Another use will be a hair salon. This is a type 2 use. An Esthetician or Masseuse use is not listed specifically in table 4.1, but may be classified as a hair salon type service. If these are classified as such they are a type 2 use. Tutoring may be categorized as a school and therefore will be a class 3 use. Receptions may be considered a meeting hall type activity and therefore a type 2 use. The nature of the proposal needs to be looked at as a whole. Although there are several uses they will never all be operating at the same time. When more than one is operating it may be at a time when one is at its peak and the other is at its low use period of time. See 6.A below for specifics on the uses. 2. LEGAL DESCRIPTION OF THE SUJECT PROPERTY: 411 See attachment A 5. Site Plan Required: See attachment E 4 3( RECEIVED APR 232001 6. WRITTEN NARRATIVE CITY OF Y AKIMA 110 PLANNING DIV. A. Fully describe the proposed development, including number of housing units and parking spaces. If the proposal is for a business describe hours of operation, days per week and all other pertinent information related to the business. Phase One The use will be for a low volume telephone and fax type Food Ingredient Brokerage located on the second floor operated by Mr. Simpson. This can be considered a professional office. The other phase one use will be for receptions. This will be done at limited times mainly when the other uses are not in operation. Phase Two The usage will be the primary use of the property of a sit down style Coffee House on the main floor. This will be one where the food will be muffins, and other prepared food brought in. There will be no cook or chef. This is an area where a development agreement may be usable to limit some of the normal things associated with a full - fledged restaurant. A second phase two use will be a part time (appointment only) hair salon operated by • Mrs. Campbell- Simpson. Phase Three The usage will be for a part time (by appointment) Esthetician or Masseuse. This will be located above the hair salon. Another part time use will be for a one on one tutoring center in part of the basement operated by Mrs. Campbell- Simpson. The hours of operation will be: Coffee House 6 AM — 9 PM Monday through Saturday. 6 AM — 6 PM on Sunday. Initially there may be no use on Sunday. Food Brokerage 8 AM — 5 PM Monday through Friday Hair Salon 10 AM — 6 PM Mon — Sat part time by Appointment Esthetician 10 AM — 5 PM Mon — Sat part time by Appointment Tutoring 3 PM — 6 PM Mon through Friday Receptions 3 PM — 12 AM Friday, Saturday, (Sunday 12 PM 6 PM) The usable floor space of for this project is approximately 4600 square feet. The number of on site parking spaces is 18. This is two more than the minimum. This is based on the parking standard of 1 space for each 300 feet of gross floor area in the building. The adjacent Hospital parking has been made available to use after 5 PM, on weekends and during holidays. It contains 60 plus parking spaces. See attachment F • DEX ::3 s RECEIV EU APR 2 3 2001 The peak hours for the Coffee House will be from 7 AM -8 AM. The DF 0 D TfikY. Receptions will be at hours when the Coffee House and other uses are not operating or will be at low use times or near the closing times of these businesses. The reception hours will correspond to the hours when the 60 + additional car parking is available. B. How is the proposal compatible to neighboring properties? What mitigating measures are proposed to promote compatibility? The intended use of the property is very compatible with the adjacent hospital uses to the East. The uses we intend for the property should enhance the hospital. The primary use of the property being a sit -down type Coffee House will allow hospital employees, hospital visitors and patients a place within walking distance to take a break, enjoy a great cup of coffee and have a comfortable environment that is not part of the institution. The broader neighborhood will be enhanced by the fact that this is a neighborhood gathering place where people can come enjoy each other and the relaxing, beautiful environment. This will be a place to which the neighbors can walk. The intent is to have a place that will be a facility of neighborhood pride and be thought of as a real asset to the • neighborhood and the community. Investing in and preserving this property will enhance the neighborhood rather than have this property deteriorate and bring down the neighborhood. In other cities there are many neighborhood districts and neighborhoods that have mixed uses that are very compatible like we are proposing. See Attachment C. . These create character and vitality to a neighborhood. They help make the neighborhoods more desirable places to live and make them more fun with unique personalities. By uses such as we are proposing neighborhoods such as this become more than a place to reside. As it is now, most Yakima neighborhoods are places where to "have an out of home experience" a person has to go somewhere else. This usually involves driving. What we are proposing is to improve the quality of life subtly within the neighborhood. This is a change and will take some adjustment in thinking to understand the benefits to the community. Yakima does not have many neighborhoods that have multiple uses that cater to the neighborhood other than strip mall type situations. The whole intent is to make this property feel and be relaxing by having great ambiance and beauty for the patrons. We are trying to promote a feeling of well being and help alleviate people's stress, not add to it. The broader community will be strengthened by the preservation and opening of this property. Uses such as this add to the vitality and become a community asset for the 11110 residents as well as for people from outside the area. Preservation and use such as this make the city more complex in a positive way and improve the quality of life for it's citizens. .JEX 4 3(( APR 2 3 2001 CITY OF YAKIMA PLANNING DIV. • In terms of areas of concern the first is traffic flow. We will work with the city through a development agreement and other meetings to design the traffic flow in a way that gets the flow of traffic in and out of the property moving in the best manner possible considering the streets and neighborhood. The second area of potential concern is parking. We will have the number of spaces required for the type of use being requested. In addition the adjacent 60 -space hospital parking has been offered as an overflow use for hours such as after 5:00 PM on weekdays, weekend and holiday usage. The property already has many large evergreen trees and other types of screening vegetation. We are planting and will continue planting screening plants and trees. The primary parking area will be North of the building, which will screen it from most of the Tieton traffic. Fences are located on the North and East side of the property. Approximately 50 % of the lot coverage will be landscaped. The property is the size of three average city lots. This means that the amount of landscaping on the property will be more than the square - footage of an average city lot. Some type of screening will be on all sides of the property. An area of potential concern is that this proposed change in use and zone will cause 32 • Ave. to be widened. Please see attachment D Another area of concern is that allowing this property to change the zone and use will lead to more commercial development North and South on 32n Ave. If you look at the zoning map at the B -1 zones on East -West Arterials there has been very little North / South development on the perpendicular streets. The primary mitigating areas are as follows. The existing trees and proposed landscaping and the existence of the adjacent streets act as a buffer between the more intense use of the hospital and the residential areas west 31' Ave. See attachment . We plan on moving the ingress and egress somewhat further from the intersection. We will do a development agreement or other type of agreement to limit the hours of operation and types of usage and signage. For example we will agree not to have the facility_ operate 24 hours a day. We will agree not to have big neon signs. We will agree not to have a Convenience Store or a Fast Food Restaurant. The intent is to make the area neighborhood friendly. C. Is your proposal consistent with current zoning of your property; and, Is your proposal consistent with the uses and zoning of neighboring • properties? 33 APR 202001 CITY OF YAKIMA • r uture la D The current zoning of the property is R -1 Single Family Residence. The ruture land use designation on this is R -3. The request is to change the zoning and usage from R -1 to B- 1, which is permitted in Figure III -3: Yakima Urban Area Zoning and Comprehensive Plan Compliance chart. The Future Land Use Map to Zoning Map Consistency matrix shows that an R -3 designation may be compatible and be changed to B -1 as far as land use designation based on site - specific considerations. This is what we are proposing to do. We are willing to work with the city to limit the overall usage of the property by doing a development agreement or some other form of limitation on general use within the B -1 zone. See 6 B above D. Is your proposal in the best interest of the community? We believe there is a felt need for the type of atmosphere and use we are proposing. One may ask if there is a need for more places in Yakima to relax, to enjoy recreation, to relieve stress and tension, to enjoy beauty and be able to gather with friends in a nice environment? We believe there is a definite need for all of these and this is a wonderful architectural treasure and an historicicultural resource to use for all of these. The alternative is to keep it an R -1 use, which is a functionally and economically obsolete • usage for the property. This may lead to deterioration of the property. There are somewhat less intense uses such as a bed and breakfast or a home occupation. Because of the expense of the property it will not economically support these types of uses Our intent is to open this property to the use and enjoyment of the neighborhood and the community. We want to create a balance for the property that will sustain it economically and allow it to be improved while keeping the basic character the same. We are truing to use this in an unobtrusive way and create an asset to both the neighborhood and community. We believe the changes we propose for the property will serve the best interests of the community. 7. An Environmental Checklist: (If required by the Washington State Environmental Policy Act (SEPA) See accompany checklist • -;;DEX 3a- • 5 A. Is the requested zoning change suitable with the property in question (subject property)? How so? The property is a large Tudor style house built around 1930 located at the signalized intersection of Tieton Drive and 32 Avenue, adjacent to the Memorial Hospital campus. The house was built to be one of the finest in Yakima from a design and construction standard in 1930. It is an architectural masterpiece and landmark. This property is functionally obsolete as a single - family residence because it is not built to the comfort and use level of custom homes now being built in that price range. People want them designed to the exacting standards of today and to place them in low traffic areas. The challenge for this property and other such properties in Yakima is to retain these achictecturally significant properties while allowing them to be economically viable. See Attachment 3 By changing the zone to B -1 will allow the property to be preserved and let it become a natural buffer between the neighborhood on west and the intense use of the Hospital (900± parking spaces, hundreds of employees, a three story office /medical building, a • five story hospital, 15 plus acres of property). See Attachments F, f-t i tL,� By allowing the proposed change in zone and use it will allow this classically designed home to remain substantially the same as it is and be enjoyed and opened to the neighborhood and community. The house and property are designed and situated in a location that lends itself to the proposed type of use. We are willing to do a development agreement, or other type of agreement limiting the uses and future uses. This will make the property economically viable. but will not make the property a straight B -1 type zone. The zoning request is suitable for the property because the proposed change can be accomplished through the existing rules and regulations of the zoning ordinance. The project meets all development standards and does not propose any variances or administrative adjustments. The property is located at the corner of a major intersection and has adequate points of ingress and egress, which can accommodate the proposed traffic pattern. The project is adjacent to the Memorial Hospital Campus and one of its 60 -plus car parking lots. All required parking for the proposal can be accommodated on- site. 5. 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? •• • 3 1 r s • The Yakima Urban Area Comprehensive Zoning Map currently has this property designated High Density Residential. The Future Land Use map designates it as R -3, High Density Residential. The Yakima Urban Area Comprehensive Plan sets out certain Goals, Objectives and Policies. We believe these goals were thought out and developed to help direct growth and change. We believe our proposal is in compliance with the following Goals. Objectives, and Policies. GENERAL DEVELOPMENT GOALS Goal G1 Strengthen the Yakima urban area's role as the focal point for activities in Central Washington State. Objective G1.1 To encourage the physical development of the Yakima Urban area in a manner that enhances its image as the cultural and business center. We believe the intended used for this property will add to the basic positive fiber of Yakima. This can be one of the areas of neighborhood pride for Yakima. Policy G1.3 To participate, where necessary, in the preservation of those commercial uses that are important to the fiscal integrity of the community through the exercise of zoning and other appropriate municipal powers. • Identify commercial uses important to the fiscal integrity of the community • Develop the appropriate regulatory tools necessary for preservation of the identified commercial uses The unique property in question has been for sale for ten years as an R -1 usage and has not sold for that use. To continue in this designation very well may lead to deterioration of the property and to the surrounding neighborhood. This property is a landmark type property for Yakima and should be preserved and used for the community. By being creative in the use and zoning, this property can lend itself to and add to the integrity of the city in all ways. Policy G1.4 Ensure that new development in the urban area enhances the "quality of life" within the urban area. The use of the property as proposed will greatly enhance the surrounding neighborhood and community as a whole. This is a different idea for Yakima. It is one of having a neighborhood that is a mixed use where people can stay in the neighborhood and enjoy it. The project will be a neighborhood gathering place. 36 1 6., Policy G2.2 Protect existing neighborhoods from excessive commercial and • industrial encroachments through the establishment of definite neighborhood boundaries and implementation of zoning standards which minimize the impact on adjacent properties. The building, existing landscaping, and road right -of -ways can act as a buffer between the existing residential neighborhood and the much more intense use of the Hospital next to it. Objective G4 Manage the location and design of new development to minimize initial and future public and private costs. Since this is within the city and is served by city services it will be far less costly for this business to open and operate than constructing a new development where these services would have to be extended. Policy G4.1 New urban development should be encouraged to locate first, within the City limits and second, within those portions of the Urban Growth Area where municipal services and public facilities are already present. • Policy G4.2 New urban development should be encouraged to be contiguous to existing development to avoid the inefficient `leap- frog" pattern of growth. This property is within the urban area and is already served by city sewer, water, and buses. This is a form of infilling. Objective G7 Encourage economic growth which minimizes the public's share of infrastructure costs. Policy G7.1 Direct development in planned areas where infrastructure is either present or can easily be extended. This property is situated in a location, which should minimize additional public costs. All infrastructure is present for this property and usage as proposed. LAND USE GOALS Goal Li Respect the land Objective L2 Establish a pattern of development that supports a sense of community Policy L2.2 Foster the preventive maintenance and appropriate • reinvestment in the older residential areas of the community. I; :0EX Policy L2.3 Promote the preservation, restoration and enhancement of our historic cultural and archeological resources, tangible and intangible, to provide a living link with our past. It is commitment to this policy that will assist our citizens toward a greater understanding of our present and provide the means to evaluate our future. The use of a Coffee House such as we are proposing is a fundamental neighborhood and community use that promotes the neighborhood and a sense of community. The goal is to preserve the inside and outside of the house in its original form as much as possible. Hopefully this use will come to be seen as a neighborhood treasure and add to the basic fiber of the neighborhood and community. Policy L3.6 Landscape surface parking lots so they become a visual amenity for the CBD rather than a visual distraction. This property is not located in the CBD; however, the parking will be landscaped in such a manner as to be a visual amenity to the area. • TRANSPORTATION GOALS Policy T3.3 Major new developments may be approved when their impact on the surrounding road system is evaluated and it is shown that design capacities will not be exceeded. This is not a major development, and it should not have much of an impact on the two adjacent streets. Both the streets are able to handle the amount of traffic and more, than is currently generated. This proposed usage should not generate a significant increase in traffic, but is more likely divert some existing traffic from the current roadways onto the site. Policy T3.8 Adequate off - street parking should be provided Implementing Actions: • Encourage efficient parking arrangements (e.g. shared parking) via modification of parking regulations. Parking according to the parking requirements for the usage will be met on the site. The adjacent hospital lot (60 plus parking spaces) has been offered as a secondary or overflow lot when it is not being used at the peak hospital times. Policy T4.1 Coordinate land use planning to insure that industrial and • commercial uses are placed where transportation accessibility is or is planned to be greatest. li!D�X This property is on the corner of two intersecting streets, which has a traffic signal. II/ Because this is on the corner of two intersecting streets it will provide easy accessibilitv. The site is served by the city bus service. BYCYCLE AND PEDESTRIAN PLAN POLICIES Policy 1.1 Promote and facilitate the effective use of non - motorized transportation. Policy 1.2 Consider pedestrians and bicycles as part of the transportation mix when developing the transportation system. This property is located within 50 feet of a city bus stop. It is within three blocks of Chestnut Avenue on which people walk and bike (a designated bike route). One of our objectives is to encourage clients to take the city buses, to walk and bike to our facility. The plan is to provide bike parking. We are also planning on this being a neighborhood center, which will be a destination for pedestrians. The property is located within easy walking distance of Memorial Hospital. We will encourage employees and visitors to walk to this property. This will help benefit in commute trip reduction for the general area. COMMERCIAL GOALS • Objective C2 Encourage the development of the majority of commercial establishments within the urban area. Policy C2.3 Allow and encourage small scale mixed -use retail / residential / professional development within neighborhoods This property is located within the urban area. Our plan is to have a mixed use in this property and cater to the greater neighborhood. This project meets this goal. Policy C3.4 Neighborhood shopping centers marketing goods and services primarily to local residents should be allowed, provided the following criteria are met: 1. Location at the intersection of two major streets. at least one of which is an arterial. 2. Adequate buffering between commercial and residential uses. This property is located on Tieton which is an arterial. Both Tieton Drive and 32nd Avenue provide natural buffers to the residential neighborhood. The house itself and the landscaping will provide a natural buffer between the Hospital and the neighborhood. • INDEX #a. S If a person looks at the Urban Area Zoning Ordinance Zoning Map at the existing locations of B1 and B2, a significant fact becomes apparent. The fact is that all the B -1 and B -2 zoned property is adjacent to or is surrounded by residential zones. We are not asking to change the entire neighborhood. In fact, we very much want the surrounding neighborhood to remain as it is. We are asking to change one parcel of property that is located in a place that seems natural for the mixed use we are proposing. This property is a buffer type property between the existing R -1 and more intense Hospital uses. It needs to be preserved in a use to be enjoyed by many. 5. 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? Please see the accompanying site plan. The property is fully improved and is already connected to city water, sewer and irrigation water. It is hooked up to power. It sits at the intersection of two streets with a traffic signal. We believe all the existing public facilities are capable of supporting the levels of activities generated by the change of zone and use of this property. 5. 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.? The intended use of the property is very compatible with the hospital uses to the East. The uses we intend for the property should enhance the hospital. The primary use of the property being a sit -down type Coffee House will allow hospital employees, hospital visitors and patients a place within walking distance to take a break. enjoy a great cup of coffee and have a comfortable environment that is not part of the institution. The broader neighborhood will be enhanced by the fact that this is a neighborhood gathering place where people can come enjoy each other and the relaxing, beautiful environment. This will be a place that the neighbors can walk to. The intent is to have a place that will be a facility of neighborhood pride and be thought of as a real asset to the neighborhood • and the community. Investing in and preserving this property will enhance the neighborhood rather than have this property deteriorate and bring down the neighborhood. DDC- INDEX In other cities there are many neighborhood districts and neighborhoods that have mixed uses that are very compatible like we are proposing. See Attachment (; j) . These create character and vitality to a neighborhood. They help make the neighborhoods more desirable places to live and make them more fun with unique personalities. By uses such as we are proposing, neighborhoods such as this become more than a place to reside. As it is now, most Yakima neighborhoods are places where to "have an out of home experience" a person has to go somewhere else. This usually involves driving. What we are proposing is to improve the quality of life subtly within the neighborhood. This is a change and will take some adjustment in thinking to understand the benefits to the community. Yakima does not have many neighborhoods that have multiple uses that cater to the neighborhood other than strip mall type situations. The whole intent is to make this property feel and be relaxing by having great ambiance and beauty for the patrons. We are trying to promote a feeling of well being and help alleviate people's stress, not add to it. The broader community will be strengthened by the preservation and opening of this property. Uses such as this add to the vitality and become a community asset for the residents as well as for people from outside the area. Preservation and use such as this make the city more complex in a positive way and improve the quality of life for it's • citizens. In terms of areas of concern the first is traffic flow. We will work with the city through the development agreement and other meetings to design the traffic flow in a way that gets the flow of traffic in and out of the property moving in the best manner possible considering the streets and neighborhood. The second area of potential concern is parking. We will have the number of spaces required for the type of use being requested. In addition the adjacent 60 -space hospital parking has been offered as an overflow use for hours such as after 5:00 PM on weekdays, weekend and holiday usage. The property already has many large evergreen trees and other types of screening vegetation. We are planting and will continue planting screening plants and trees. The primary parking area will be North of the building, which will screen it from most of the Tieton traffic. Fences are located on the North and East side of the property. Approximately 50 % of the lot coverage will be landscaped. The property is the size of three average city lots. This means that the amount of landscaping on the property will be more than the square - footage of an average city lot. Some type of screening will be on all sides of the property. An area of potential concern is that this proposed hange in use and zone will cause 32 • Ave. to be widened. Please see attachment INDE �d'L • Another area of concern is that allowing this property to change the zone and use will lead to more commercial development North and South on 32" Ave. If you look at the zoning map at the B -1 zones on East West Arterials there has been very_ little North / South development on the perpendicular streets. 5. E. Is there a public need for the proposed change? We believe there is a felt need for the type of atmosphere and use we are proposing. One may ask if there is a need for more places in Yakima to relax. to enjoy recreation. to relieve stress and tension, to enjoy beauty and be able to gather with friends in a nice environment? We believe there is a definite need for all of these and this is a wonderful architectural treasure and an historic /cultural resource to use for all of these. The alternative is to keep it an R -1 use, which is a functionally and economically obsolete usage for the property. This may lead to deterioration of the property. There are somewhat less intense uses such as a bed and breakfast or a home occupation. Because of the expense of the property it will not economically support these types of uses Our intent is to open this property to the use and enjoyment of the neighborhood and the • community. We want to create a balance for the property that will sustain it economically and allow it to be improved while keeping the basic character the same. We are trying to use this in an unobtrusive way and create an asset to both the neighborhood and community. 00 INDEX # a 6. SPECIFIC PROJECT Hillis request is for a specific project please include the 4110 following: A. Written project description including number of housing units and parking spaces. If the proposal is for a business describe hours of operation, days per week and all other pertinent information related to business operations. The request is to change the zoning and usage from R -1 to B -1, which is permitted in Figure III -3: Yakima Urban Area Zoning and Comprehensive Plan Compliance chart. The Future Land Use Map to Zoning Map Consistency matrix shows that an R -3 designation may be compatible and be changed to B -I as far as land use designation based on site - specific considerations. This is what we are proposing to do. We are willing to work with the city to limit the overall usage of the property by doing a development agreement or some other form of limitation on general use within the B -1 zone. The change of the property is intended to create a neighborhood and community gathering place that is a natural buffer between the more intense use of the adjacent hospital and the neighborhood to the west. The subject property sits at the corner of Tieton Drive and 32 Ave. One of our goals is to preserve the house inside and o ut as much as p ossible while • opening it up for the enjoyment of the neighborhood and community. Phase One The use will be for a low volume telephone and fax type Food Ingredient Brokerage located on the second floor operated by Mr. Simpson. The other phase one use will be for receptions. Phase Two The usage will be the primary use of the property of a sit down style Coffee House on the main floor. This will be one where the food will be muffins, and other prepared food brought in. There will be no cook or chef. A second phase two use will be a part time (appointment only) hair salon operated by Mrs. Campbell- Simpson. Phase Three The usage will be for a part time (by appointment) Esthetician or Masseuse. This will be located above the hair salon. Another pan time use will be for a one on one tutoring center in part of the basement operated by Mrs. Campbell- Simpson. The hours of operation will be: Coffee House 6 AM — 9 PM Monday through Saturday. 6 AM — 6 PM on • Sunday. Initially there may be no use on Sunday. Food Brokerage 8 AM — 5 PM Monday through Friday DOC. INDEX • Hair Salon 10 AM — 6 PM Mon — Sat part time by Appointment Esthetician 10 AM — 5 PM Mon — Sat part time by Appointment Tutoring 3 PM — 6 PM Mon through Friday Receptions 3 PM — 12 AM Friday, Saturday, (Sunday 12 PM 6 PM) The usable floor space of for this project is approximately 4600 square feet. The number of on site parking spaces is 18. This is two more than the minimum. This is based on the parking standard of 1 space for each 300 feet of gross floor area in the building. The adjacent Hospital parking has been made available to use after 5 PM on weekends and during holidays. It contains 60 plus parking spaces. The peak hours for the Coffee House will be from 7 AM -8 AM. The Tutoring and Receptions will be at hours when the Coffee House and other uses are not operating or will be at low use times or near the closing times of these businesses. The reception hours will correspond to the hours when the 60 + additional car parking is available. B. Site Plan See accompanying site plan Site Plan Notes • 12) Location and type of existing and proposed landscaping including landscaping located within the public right -of -way. Over time we plan on planting more Cedar Trees along the North property line to shield this property and the one to the North. We also plan on planting Cedar trees in the Northwest corner of the property. Over time we will add flowers and shrubs to the area to help beautify it. 15) Location and size of all parking spaces with the parking calculations shown on the map. In addition to the 18 parking spaces and one bike parking area shown on the site plan, the hospital has given us permission to use the adjacent 60 plus car parking lot to use in the _ hours when they are not using it. This is after 5:00 PM during the week and on weekends and holidays. See attachment A t . 19) Location and size of proposed or existing signs. The long -term intent is to put one sign. The location is shown on the site plan. This will be a wooden sign with spot lighting shining from the ground on it. 20) Location, type and description of required site screening. • DOC. INDEX See the accompanying pictures for existing perimeter sight screening. We plan on 1111 planting additional cedar trees on the North side of the property. We may add some type additional screening on the East Side as well. • • DC INDEX # oZ, - rJ, SITE PLAN CHEC KLI S T ,„1/4 'b - ' ._.. . . _ _ . ._........ ___________ ____ _ Please complete this checklist and include with your final site plan. The site plan must contain all pertinent informa- tion. Items not applicable to the proposed project shall be so noted. If you have any questions please call or come in person to the Planning Division 129 N. Second Street, 2nd Floor,or phone (509) 575 -6183. Check all boxes as: Q" Included $ Not Applicable Erl) The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required information. but ,_,7 not less than 8 -1/2" x 11" for Class (1) projects or 11" x 17" for Class (2) projects. Ltd 2) All site plans shall be drawn to standard engineering scale. The scale shall best fit the paper. The scale used 3 shall be indicated on the plan. (Suggested scale provided on site plan template). ) Site address and parcel number. r) Zoning district of subject site and adjoining properties. — El 5 Property boundaries and dimensions. [} Names and demensions of all existing streets bounding or touching the site. imensions, location and use of proposed and existing construction. Structure Setbacks. Er9) North Arrow. E0 ) Lot coverage with calculations shown on the plan. 11) Location and size of any easements. 12(12) Location and type of existing and proposed landscaping including landscaping located within the public right -of -way. '13) Location and size of existing and proposed side sewer and water service lines. — S 0 ce A fc■cti 4 2-9) Adjacent land uses. 2'1 5 ) Location and size of all parking spaces with the parking calculations shown on the map. Er 16) Location and dimensions of proposed or existing driveway approaches. [j 17) Vision clearance triangles at street intersections and where driveways and curb cuts intersect with streets. E 1.8) Location and size of new or existing loading spaces and docks. Q 19) Location and size of proposed or existing signs.— — 20) Location, type and description of required site screening. C e A kc4d �`ti` =� e Location and size of required site drainage facilities including on -site retention — (k�22) Location and size of existing or proposed public sidewalks, that are within 200 feet and on the same side of the street. E 23) Proposed improvements located within the public right -of -way. 41) Name, address, phone number and signature of the owner or person responsible for the proposed project. Calculation of land use density. Note: The Planning Division or reviewing official may require the site plan to include any other information to clarify the proposal. assess its impacts, or determine compliance with the Yakima Municipal Code and other laws and regulations. INDEX `Revised 9 -98 .24 1 Site Plan Notes • 12) Location and type of existing and proposed landscaping including landscaping located within the public right -of -way. Over time we plan on planting more Cedar Trees along the North property line to shield this property and the one to the North. We also plan on planting Cedar trees in the Northwest corner of the property. Over time we will add flowers and shrubs to the area to help beautify it. 15) Location and size of all parking spaces with the parking calculations shown on the map. In addition to the 18 parking spaces and one bike parking area shown on the site plan, the hospital has given us permission to use the adjacent 60 plus car parking lot to use in the hours when they are not using it. This is after 5:00 PM during the week and on weekends and holidays. 16) Location and dimensions of proposed or existing driveway approaches The west driveway from 32n Ave will be 24 feet plus at 32 Ave and will continue to • be 24 feet through the 90 degree parking. The South driveway on to Tieton will be at least 24 feet where it enters Tieton and will narrow to 18 feet east of the current garage area. Since this is a private drive it will help keep the speed slow around the building and on the site. Arrows can be painted on the driveway at the access points to the streets, for example, showing a right turn onto Tieton. 19) Location and size of proposed or existing signs. The long -term intent is to put two signs. The location of each is shown on the site plan. These will be wooden signs with spot lighting shining from the ground on to them. 20) Location, type and description of required site screening. See the accompanying pictures for existing perimeter sight screening. We plan on planting additional cedar trees on the North side of the property. We may add some type additional screening on the East Side as well. • DOD. INDEX Zg # 1 0 Gross lot coverage: Footprint of building, patios, walks, driveway and parking. r -- -- — - r House 1,667 A Breezeway 58 ,,t÷,0 Garage v 593 Patio A 20 X 20 400 / 7 ./4 Patio B 20 x 20 400 T Patio C 30 x 20 600 Walk 3 x 100 300 a 4,018 P�' J Asphalt Coverage ` I l— --/ A 30 x 10 300 , P a E B 25x10 250 t...-!____ p C 16 x 23 368 0 D 20 x 58 1,160 E 30 x 18 540 E 66 x 45 2,970 F 85 x 43 3,655 G 27 x 24 648 H 8 x 69 552 A5 �,ha 4 - co vP r4,� 10,443 Total 14,461 Total lot Coverage 49.6% N G F r D IP A. INDEX # /8 24 City of Yakima, Washington TRANSPORTATION CAPACITY ANALYSIS The Washington State Growth Management Act (RCW 36.70A.070) req'iires 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 Peak Hour traffic on the City of Yakima arterial streets. APPLICATION INFORMATION FEE: S250 (Receipt # ) Applicant Name: Bruce Sinpson and Theresa Campbell- Simpson Contact Person: Bruce Sampson Mailing Address: 216 South 24th Avenue Yakima, WA 98942 Project Address: 3111 Tieton Drive, Yakima, Lam, 98902 Parcel Number: 181323 - 33003 RESIDENTIAL COMMERCIAL INDUSTRIAL • Number of Units Describe Mixed CcratercialDescribe Housing Type: Gross Floor Area: See Gros; Floor Area: (single family, Apartment, condo, MHP) Attached — Special Population: Parking Spaces: 16 Parking S aces: 18 Plus (.Assisted Living, Nursing Home, etc) egiireiProvided) (Requir rovided ) Other: Number of Employees Number of Employees (Day Care, Church, etc) Project Description: Concert single faraily residence to a mixed carrrercial use. Specific uses are attached. * * ** *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 the: is a limited time period for Request for Reconsideration or Appeal. Questions? Contact the City of Yakima Public Works Traffic Dlvislol! 2301 Fruitvale Boulevard, Yakima, WA 98902 • Phone: 509/575 -6005 INDEX #1 > GROSS FLOOR AREA BY USE AND NUMBER OF EMPLOYEES Professional Office Space — second floor 1362 sq. ft. (Employees 2.5, no walk -ins) Coffee Shop —main floor 1,455 sq. ft. (Employees 2-3) Hair Salon (1 chair) 497 sq. ft. (Employees 1 part-time, no walk -ins) Massage/Esthetician —area above salon 253 sq. ft. (Employees 1 part-time, no walk -ins) Tutoring— basement 450 sq. ft. (Employees 1 part-time) Receptions - -- basement 600 sq. ft. 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' i. i . - I . , 1111111 ' N*"...... I-... 0 ..N. . _ - - .fit {' ' ! � - 1 2 41 v rt . 0694. i 1. t • .:� `' ii •✓ \ _,�, i 1 110 t A . -1 .... .....: __.,; ' s . ' k ...\ - 4 . . --••• - . —_ ?L AI Al....lia ;';_:' .-- /, ` i r v . ,•111 , 0 ,,,,,,„ . •, r; i fib`. \ . ' ±mac - _ - .1147 1. h i - ._, -.! -. t ., . , ~fir - =I • . 3 t Y • Preserved Landmark type Properties INDEX #J_ 3 ' ' ?II"- • - ,-- -. ::: '.:-. ':' - 4 ' - es — A • . I. MIM■ - - a . - ; ' MEV i t ,. i .... . __ . .... . - - r - -'4iti ft '. . e _;_i. 3! .y . + �`` . �.� T .-- : f �i ` . a .ate • ' '' , • 3 td . . - e ms ' - , n . •- �Y� l� w .. - : 3 yet r. � ` , •;y T ~ r . ."-:"nroX 0 • , . -n.., -. - 4:� l: "� .- - ' -_ - � tit•.' S ti .. i .�nl � "' '. 1- —' - e. ,- - c . - . • ` • -.•. — - rLti �' Multiple Use in Neighborhood INDEX G • i , . .. it ,.. -4-T O wis ■ -.- -41. i . . . . 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Home converted to business use O Coffee House in Residential Neighborhood D 0 I N D EX 0 I , 1 . , , , [ - - - • ' ' ' _ --- 0 -4 (I I , , . 7 0 _ _ Utl Ilty U n I lx _ „ n.. f ,„, ,„ 181323-33003 (/ Q Subject Property �. - -- — -ti III 0 Manholes Drainage , -, u �. - - -------- - - - - - - 1 " - - - I, , II C. (. [D i z I , , , I + 1 — _ I '1 • RLRTiti E - • Hydrants.shp — > Sewer Pipes 1 : I ,, ' ` ''' I fl " '' 5 - 15 - - - - -- - - - - -. - - -- - -- -- 0 .1 /\ / 16 - 26 , Ix 17 1x 1 'IX , \. 1 — - __ - - -- -- N 27 - 37 '� N38 -48 0 Irrigation Pipes ii,,, Water Pipes — - II11 i — - - -- �0 - III,_, 1,,, A/ 12 - 24 ul, 1,,,-; 1 I I,, III: A/24 - 36 - - - Itl- ' -48 1 0 1,1x III; City Limits Cn .111 ii, - -- co • - - - - -- - _ (D [—� Parcels 6 0 ,,,,, hJ Rivers co III 0 1 1' .- I i ' III - q{ 2 111 > m > < -- • C) '' ' 1 r ,III N [ „`� �� h, ,_, :,. :, — - -- - :;I I � -T1ETON -DR ----- - - - - -- _ _ - �. , - ton, • • ,,4,11 t f`Rfl ` 0 - Idl1 {IIN. I.11' - „ ������_ . 7 .p All attempts are made to ensure — the accuracy of this map, based on dl ( f ) ( e,os alr — 1 — available intimation at the date - - — _ - -- this map was created. City of Yakima, Washington ■ 0 100 200 Feet Department of Community Development 1( Ph(509)575 -6113 Fax(509)575 -6105 D ate: Wed Apr 1 1 17:24:53 2001 0 ' . - ' ` , I i- r M • , . • y ` { • .� •i • • • ... - • . 3 .,- -. --- . liiiii _... I + ti 1- + 4 r . i • • LOOG NORTH FROM TIETON ON 32ND AVENUE 1 , _ y Y -f"-- L ' J' C - ;" ; ` Y. r _ 1 .\ . .'�f_ - _• . . .- ;...„ .,. .. - T .: -•- 1~ :y . y . �1. , - - . 's I. .- ......4j1. 4 . ID • „. . , . . ,., BIJFERING TREES ON WEST SIDE OF PROPERTY DO C. D'O C . INDEX 7 -? # /0 ,, 1 t • t ,.4 '01,,•' 4•..� ► • . t • t ,'• • 1 f.. 0,i,, .,y1 r • , ` } • 9 LIMN \ tIj�' t• ,I ► i' , • t 9 t 1 Yr •f r Y _ , <Iy • ice MEMORIAL j =1 HOSPITAL ,/ + . 4 . , :':1 <; �: WEST PAVILION r.�'. - • - , ,n -fi r ,' , ► _ ; i .. s ri ai:.6 -,1. r., , !-r1 PARKING r ,,, „ • - -11.7 .,- ► _ 1 ► r 1 I ■ * ..:_ $ �_.._iS 4 LOOKING WEST ACROSS 3IST AVENUE AND ADJACENT NARKING LOT. U 0 f ri X -.-) 40 IIIII roc, III • 0 0 . _., ,,, ::, i ' • ' .0 • • k . . " . Pi t .. . ,,,.,.....A . ). . ...... , , 1)„ 10,11. 4) ) � �tt i .1 • ... ,, . ." .. \„ , 1 :, 4 * 4 . • • i ' 4 04 11t "' ')6 • •, � .�. 1' • V . A.1,40 . , . , i I • V •\ ' ' . 1 ...1 : ........ • .....,. r .,rg . -. ..1.- • i . .1. ' Ot , .i...? • 1 dt IA A. 4. , . • . • • 1 tom, 1 1 � • M iiii Y w ei r ; r. ' • --. • tsi ti i t 4 ' 1 " VAX,' \`i if ` ....0 , 1 \ . ' ,01 : i nt.. - , I , . . ,...,„ . 1 , , 1' 1� ` • . . . .' 1 r . I flu& .�' 4, 44, r r , . 1• , 1 1 ' x . ^ _ .. - 1 , + • 1• ? 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".- 4., ,ict, ..._ - 0 Adjacent property to East D rv's I— ._. , ._. . • , • 1- ..-.r. . tk' MEMORIAL • HOSPITAL YAKIMA VALLEY MEMORIAL HOSPITAL Richard W. Linne■eh, Jr., FACHE May, 2, -2000 - President, Chief Executive :Officer . - _ - Mr. Bruce Simpson _ " 216 South 24 Avenue _ . - - . Yakima, -WA 98902 - _ ' - ,Dear Bruce: " This is a follow up to the discussions we have had concerning the property you have purchased at 3111 Tieton. Drive. _, - - . • • The hospital supports your plans to change the use and zoning from residential to business. We believe it.has - outlived its usefulness as a single family residence. _ We are agreeable to allow the use of the adjacent hospital parking *lot as a secondary or. spill . over use for this property. Your usage of this parking lot will be available at times when the hospital and/or occupants of the West Pavilion_ will not need it (typically after 5:00 p.m. on weekdays and all day on weekends 'and holidays).. . _ - - . Please let us know how your of use for the property progresses. - _ • • Sincerely, _ " • Wes! . • R. W. inneweb, . • • RWLim _ - /I it r 2811 Tieron Dr lve - DOC. Yakima, WA 98902 � • 1NDE/ "Tcl (509) 575 8001 • f '` , 1 DEPARTMENT COMMUNITY AND ECONOMIC DEVr ')PMENT i 7 . Arillik'i Engineering Division — 1 ' 129 North Second Street �� Yakima, Washington 98901 ..fig ' (509) 575 -6111 • Fax 576 -6305 K. Wendell Adams, City Engineer September 1, 2000 Bruce and Theresa Simpson Tieton / 32 Avenue Yakima, WA 98902 Subject: Information on Title 12 Requirements for Development on corner of Tieton Drive /32 " Avenue Dear Mr. Simpson: • As per our recent conversation, I have reviewed your proposed development and have verified the requirements of Title 12 as it relates to this development. It is required that the additional right -of -way be dedicated to attain 30 feet from the centerline of the existing street. Since sidewalk, curb, and gutter are already constructed at that location, no additional widening or improvements to the street will be required, at that location. I hope this information is sufficient for your use. Please contact me if additional information is needed. Sincerely, 4.,__," e: 4 L____.... K. Wendell Adams, P.E. Yakima City Engineer Cc: City Manager City Attorney • R Yakima Tail DOC. INDEX RECEIVED APR 1 6 2001 C DF • PLANNING YAKIMA DIV• II IR�, " I I I no ',I. ',�� i l �� I., 61 d . I' 11,, ,rill I Ilyl �t ` ' . I r „Idl' 'I d s li l Ip t � f w, 1 � , a� ,I I , I - , I IlIIiI �,I,IdIIi I'll u fill 1( II IIII VIIII I r. l �' = f�'(I� ►II II I\ 1; il1, 11111111111 I , -- — - � I _.-_ - - illiIII��i# . 1 I I 11111 u�, � I I I I I� 1 1 I . � � '� ,� _. _ .�K>F _ 11, �' I r' ( t ill I II 4� *in �"o� - i Vitt,. ( l ul1la I(1 • AI • i • "; .a. , � I — t , 4 I ,, h .. . 'l � � old I II �� UA��III. 4 1 1 1 111 — I I (lit _.• :-�:� c ' . 1 14 ,, - d _l - 1 C ��+ '_ ^^ �' +'A� I %.i _._ ID • DOD. INDEX .#__t___ ��`' Y-`1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT E � Planning Division _ ' ' 3 ; 0 129 North Second Street Yakima, Washington 98901 �9b Phone (509) 575 -6183 • Fax (509) 575 -6105 NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On August 23, 2001 the Yakima Hearing Examiner rendered his recommendation on a Master Application submitted by Bruce and Theresa Campbell- Simpson. The applicants are proposing to rezone a single parcel of property from R -1 (Single- Family Residential) to B -1 (Professional Business). A Class (3) review for multiple uses in the B -1 zoning district was also reviewed. The subject property is located at 3111 Tieton Drive. Yakima. • Washington. The application was reviewed at a public hearing held by the Hearing Examiner on June 14. 2001. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiners 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. (Tentatively scheduled for October 2, 2001) For further infoimation or assistance you may contact Dan Valoff. Senior Planner, at the City of Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second Street). or by calling 575-6163. 6 :3?.....e L,e- Doug Map s Planning and Code Administration Manager III Date of mailing: /24 _ 8 /0 1 Yakima r 1 11 1994 • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: LMZO /2Z S 0 / 1%47,6 u c e 4Th , errs .t- C°a �p6 e l l - S /4.7-, /3Sd -L- 3/// 17e, 4-6 W ri I, 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 02 day of 7-1/1 tz(S r .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 • -rcz —1 C� G r f: /. Walt Ranta Roger & Virginia Wilson C.L. & Wilma Hill S "nd Ave 112 N. 30 Ave. 409 S. 32 ° ` Ave. Y , WA 98902 Yakima, WA 98902 Yakima. WA 98902 David L. Bro\ n Joe & Diane Roberson B.G. Jones 613 Voltaire Ave. 3305 Tieton Dr. 3301 Tieton Dr. Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 95902 Ray Blondin irginia C. Gable Doug Carey 412 S. 32 °d Ave. 219 S. 32 Ave. 616 S. 21 Ave. Yakima, WA 98902 Yakima. WA 98902 Yakima. OVA 98902 Mary R. Wear Larry & Anna Smith Fred McDonald 3307 Horne Dr. 417 S. 32 Ave. 416 S. 56 Ave. Yakima, WA 98902 Yakima. WA 98902 Yakima. WA 98908 -3425 Bruce & Theresa Simpson Jean M. Lodge Nancy Mallahan 216 S. 24 Ave. 3201 Barge 3102 W. Chestnut Yea, WA 98902 Yakima, WA 98902 Yakima, WA 9S902 Carolyn S. Elder Resident Mary Yeger 3902 W. Nob Hill 3111 W. Yakima Ave. 305 N. 35 Ave. Yakima, WA 9S902 Yakima. WA 98902 Yakima. WA 98902 James Carmody Robert B. Rogers Lynne Kittelson 405 E. Lincoln 217 S. 24 Ave. 305 N. 9 St. Yakima. WA 98901 Yakima. WA 98902 Yakima. WA 98901 Carol Anne de La Chapelle Derry W. Jefferis Matt Fairbank & Michele Besso 3206 Home Dr. 7 S. 32 Ave. 3304 Barge St. Yakima. WA 98902 Yakima, WA 98902 Yakima, WA 989012 Mike & Lvla Aldrich John Dickman Paul W. Rogers 801 S. 55 Ave. 8501 W. Barge St. 914 S. 31 Ave. Yakima. WA 98908 Yakima, WA 98908 Yakima, WA 98902 Lae Headley Ted Semon Scott Smith 3S10 Kern Rd. 4701 Avalanche Ave. 411 S. 32 Ave. Yakima. WA 98902 Yakima. WA 98908 Yakima, WA 98902 ..: __.,..__, - A.°L.,,.s :L7 _ 432 5160 ®. .,... — .., -_ -- - - -- ray r -- Richard & Jacqueline Bush John & Vicki Balmer Christie Zamora 3209 Home Dr. 223 IN estover Dr. 3110 W. Yakima. A e. Yakima. OVA 95902 Yakima, WA 98908 Yakima. OVA 98902 1111 Kristi Hunziker Mary Portteus Nancy Probst 903 S. 34" Ave. 3141 N. 41 Ave. 708 Viewcrest Court Yakima, «'A 98902 Yakima. WA 98908 Selah. `VA 98942 Darlene Darnell Mary Pleger Carren Summerfield 207 S 19" Ave. 305 N. 3g` Ave. 220 N. 24` Ave. Yakima. `VA 98902 Yakima. WA 98902 Yakima, WA 98902 Celeste E. Provence Linda Galloway Cheryl Nixon 4904 W. \Vashinston Ave. 3201 Carol Ave. 3')05 Home Drive Yakima. WA 98903 Yakima. WA 98902 Yakima. \VA 98902 Ruth Mason Amy Derzai Bruce Bacon 8 S. 32' Ave. 7 N. 32 Ave. P.O. Box 2646 Yakima. OVA 98902 Yakima. WA 98902 Yakima. WA 98907 II Linda Salsbury Dave Doornick Bob Hughes 112 N. 32 Ave. 108 N. 32 Ave. 104 N. 32 Ave. Yakima. OVA 98902 Yakima. WA 98902 Yakima, WA 98902 Gail Fast Betty J. Hunziker Kathy Michielsen 607 Voltaire 101 N. 58" Ave. Apt. 25 105 N. 30" Ave. Yakima. OVA 98902 Yakima. `VA 98905 -3191 Yakima, WA 98902 K istina S Gavle Harris Dean Patterson Francis & Karen Battese 22 S. 'lll' Ave. 614 S. 30" Ave. 403 S. 32 Ave. #1 Yakima. OVA 98902 Yakima, WA 98902 Yakima. WA 98908 Rick Linneweh Jr. John & Shirley Alder Paul Shaeffer Manorial Hospital 105 North 32nd Avenue 2606 Tieton Drive Yakima WA 98902 Yakima WA 98902 2811 Tieton Drive Yakima WA 98902 11111 0 HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COLNCIL CHAMBERS HEARING DATE: July 14. 2001 CASE #: APPLICANT: SITE ADDRESS: (A) UAZO RZ #4 -01. CL(31 #5-01. ADM ADJ #8 -01 & EC#9 -01 Lawrence Cacchiotti 1201 Ackerman Avenue (B' UAZO RZ #5-01. CL(31 #6 -01. CL(21 #16 -01 & EC #11 -01 Bruce Simpson & Theresa Campbell- Simpson 3111 Tieton D INDICATE CASE NO. NAME: ADDRESS: ZIP: (A.B.C): PLEASE PRINT 0 3 \,-__)o-Si--- � S , 75 -'-1/4-'--\ 5 96 �t� / I t � - �Q,V P S L' / T /' c 2.-- 4 Ad Al ," Zl / j . . z,' A�c B -6 2 -.t' L1 '?i.`_"'_ °rf ' ( (_ . 'J G 32 / ; -ems } A 5 Dolt c Care 616 S . 2A+ A1�. ` � ' 0 a d3 ' - n' P. ti :3 :; RoM DRIv&- ; -6' 1 13 1.0 r ►- i-A - >- i -- \_ 1 / / 5' 3 / cJ 90 2 � ID HEARING SIGN -IN SHEET 0 CITY OF YAKLM A HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: July 14. 2001 CASE #: APPLICANT: SITE ADDRESS: (A) CAZO RZ= 4-01. CL(3)#5 -01. ADM ADJ #S -01 & EC #9 -01 Lawrence Cacchiotti 1201 Ackerman Avenue al) UAZO RZ #5 -01. CL(31#6 -01. CL(21 #16 -01 & EC #11 -01 Bruce Simpson & Theresa Campbell- Simpson 3111 Tieton D INDICATE CASE NO. NAME: ADDRESS: ZIP: (:t.B.c): PLEASE PRINT ; e -QD ,'7 c Z-,1L E. 561 Ave qg g -3 0_ . „ � ,- A .--- le, ' .t ; / /1", 'k I - `1__ ,, ,/ &., .S ,'/-/ '.47,c c( lc}) r i o - 1 S. ,� .r : ( i - _ ,i 'v ) :_ !-i. ), r G' /--�' % L./-. } GL , ,, . J , .,�Y,1 C v- ` G: ° ,t ' � G / ', d ,,,, ,., , l -- e'. Gl/1 .Ye , % _ /, I; 9/: - - ,. G m R 5/ // w7,.,..}, fet 7y 2 9a b' in'� % �4, ' 3c. - /i - Jy�, / A' Ui�Uvi1&, *` c .J: , (v , =_ CA - ,`_D-i ::- E . i 0 '(.(.L f,-` ;i4 K/ek i ','.: (C 1 "..— _.' ''' \ 12-: I D rc -2 c j. ,,,_ .:_ 1 '7,. , ---:)_ 4 17. A r :. 1 ,, n n ¢-- �t -{-A- 4 e"--7) - D / u� • ! 'T."{` - 61-rd i VW c.- g F fa `•' \ " c ,'� - � . . .._ 1 <- !. ` ) 1c'�t`Cu - `l . t t ` 3 , .any /A /.i - -c (s . , f? c II co- Ye DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT n ∎ Planning Division F ' 129 North Second Street `� 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 R, / 1 - - 2.60 ( the Notice of Public Hearing on sign(s) provided by the City of Yakima Department of Community and Economic Development was • oste on the roe located at - 3 1 �1 � --, so as to be clearly P property m' ( � seen from each right -of -way providing primary vehicular access to the property. J `2 z ; ! 0 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 # 7 ,Date, 5fri1/4/ �. File # uhze tZ# 5-6/ IINDEX 1111 # /o 1994 • 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 Master Application submitted by Bruce and Theresa Simpson. The applicants are proposing to rezone a single parcel of property, located at 3111 Tieton Dr., from R -1, (Single - Family Residential) to B -1, (Professional Business). The application also consists of Class (3) review to operate a "coffee house ", and a tutoring service, and Class (2) review for a hair salon /esthetician within the B -1 zoning district. This application also involves environmental review, a state requirement for any property being considered for rezoning. The public hearing has been set for Thursday, June 14, 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 # 181323 -33003 Further information regarding this application may be obtained by contacting Dan Valoff, Associate Planner, 129 North 2nd Street, Yakima, Washington 98901, or by calling 575 -6163 Doug Maples Planning and Code Administration Manager Please publish once only on: Friday, May 25, 2001 Please mail affidavit of publication to: • Account # 11002 City of Yakima Planning Division 129 N 2nd Street J; Yakima, WA 98901 1•2,E„ ` Y�1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPME NT Planning Division 129 North Second Street t( Yakima. Washington 98901 Phone (509) 575 -6183 • Fax (509) 575 -6105 CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday:, June 14, 2001 Yakima City Hall 9:00 am Council Chambers I. CALL TO ORDER II. INTRODUCTION • III. PUBLIC HEARING A. LAWRENCE CACCHIOTTI Planner Assigned: Bruce Benson File Number: UAZO RZ #=1 -01, UAZO CL(3)#5-01, UAZO ADM ADJ #8 -01 & UAZO EC #9 -01 Location: 1201 Ackerman Avenue Request: Rezone .70 acres from R -2 to R -3 B. BRUCE SIMPSON and THERESA CAMPBELL - SIMPSON Planner Assigned: Dan Valoff File Number: UAZO RZ #5 -01 & UAZO CL(3) #6 -01, UAZO CL(2)#16-01 & UAZO EC# 11 -01 Location: 3111 Tieton Drive Request: Rezone a single parcel from R -1 to B -1 IV. ADJOURNMENT • If you are unable to attend the hearing, you may submit your comments in writing prior to the heanng. You may also submit written testimony at the heanng. Yakima bind I -X 111. 4 /a 199. m Y!l DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT = �� Planning Division k ' , 1 129 North Second Street • s � Yakima. Washington 98901 Phone (509) 575 -6183 • (509) 575 -6105 ��� NOTICE OF APPLICATION AND PUBLIC HEARING DATE: Mav 16. 2000 TO: SEPA Reviewing Agencies Applicant. and Adjoining Property Owners FROM: Doug Maples. CBO. Code Administration & Planning Manager SUBJECT: Notice of Completeness & Application Concerning property located at 3111 Tieton Drive. File No. UAZO RZ #5 -01: EC # 11 -01 NOTICE OF PROPOSAL On Mav 16. 2000 the City of Yakima Department of Community & Economic Development received a rezone application from Bruce & Theresa Simpson to rezone a single 0.68 -acre parcel located at 3111 Tieton Drive. Assessor's parcel number 181323- 33003. from R -1. Single Family Residential to B -1. Professional Business. The applicant has also applied for the Class 3 review to operate a "Coffee House ". Class 3 review to operate a tutoring service and the Class 2 review IP for a hair salon /esthetician. This application is subject to approval with conditions. The application was considered complete for processing on Mav 16. 2001. 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. ENVIRONMENTAL REVIEW The City of Yakima Department of Community & Economic Development is lead agency for this proposal under the State Environmental Policy Act (SEPA). The environmental checklist and other information on file with the Planning Division are available to the public upon request. Written comments concerning the environmental impacts for the proposal will be accepted during the 20 -day comment period which ends June 5, 2001. The threshold environmental determination will be issued under WAC 197 -11 -355. the Optional review process: there will not be an additional comment period. The City of Yakima is inclined towards the issuance of a Determination of Nonsignificance (DNS) on this project. The threshold determination may be appealed in accordance with the City of Yakima Municipal Code 6.88.170. NOTICE OF OPEN RECORD HEARING An open record public hearing will be held before the Hearing Examiner on Thursday June 14. 2001 at 9:00 a.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA 98901. Mail your comments on this project to City of Yakima. Department of Community & Economic Development. Planning Division. 129 North 2nd Street, Yakima, WA 98901. Be sure to reference "Simpson Rezone" in your correspondence. The Examiner's recommendation will be forwarded to the Yakima City Council for review at a closed record public hearing. If you , have any questions on this proposal call Dan Valoff, Associate Planner at (509) 575 -6163. Yakima Encl.: Site Plan. Narrative, and Vicinity Maps. DOC �id INDEX #„,, v.. • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: 1,4_74 -AO 5-6 f 4 r(,c e e, Si , / oxen— .? // l Tie •hfr■—b/e- • 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 /4 day of fl7A V ,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 4110 S/ fr iplo--._ 5 ( 0, 4> 1 1 . . , I • I r t . , ' . 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Y: .111A, 14n El i n t) t. on 9 ... 02 • - • 94'.,1 181.; 1 1 /1 10 , A t A i ( ; t: , . . , ' . \' H i t t , E . : 4' 34 Ye',1 illA , 1 ,1, - .1s h i. n ( t on .; F3902 181:42' I 1 , 4 I : ' 1 : . ! • 1 : 1 ; . “ , ' 7 - . 9 . , . I n . . - - , k 1 .... 1_1.), I P:!,, .',......0 I ';',I. %/AK 1 : MA , I i ti i n y (; I) ;' 02 117 i 1 1 . • l , . - - ' : • . , . . I ; ; I 1 1 . . 1 i : . . ) ; ‘ ) ! . . , r , • , : 4. i: 4,1-; . . f ilk F,.. ';'.;1: Al' . (,.fa ' . ' . : I I i n q 4(4') , , 22' ,!_r;.:'. 1 1) ' - 21::-1;." . ../ • I 1 . I ,'. ILI H ': 1111 I I I C, I LI i i'" ,'-A.I 4.11A, 14.7, !., 11 i 443 1 on ';" 4 1 , .- .41.' , '', ' :LID t i 1 4 ,.: 1 1 ' : ft' , '17,1' T. M,n,, 1 i li If I: On 9 02 i'.•;; ..:. 1 II. L.1 ii I I'L.ii (.. ,_.! 1 ., . 4t Cl s 1 :. s,A, 0 0 m (-) x • p...z RECEIVED MAY 2 1 2001 CITY OF YA KIMA PLANNING DIV Itc4( oAJ RE uFs /Fo( m Ar 1►i . f4dA SA (SC3�2y 1 1 Z r1 3 , A' d Ave l7Av£ Doo4/Q+cK ioa /J 1 . 2 "cf Ave 60E {iky1. N u /0y RFCe)12c1 /(, so s7c2T / <,7v y (4 KI "'A GJA 35 c.Q/ /Fd 4 r : .573/ /a _ , ;NE_f. # 14F „v '-1 DEPARTMENT COMMUNITY AND ECONOMIC L ELOPMENT "'����,' Planning Division ` ,, : N= 129 North Second Street Yakima, Washington 98901 s N ]�, - P (509) 575 -6183 • Fax (509) 575 -6105 May 2, 2001 Bruce Simpson & Theresa Campbell- Simpson 216 South 24th Avenue Yakima, Washington 98902 Re: Determination of Application Completeness UAZO RZ #5 -01, EC #11 -01, CL (2) #16 -01 & CL (3) #6 -01 Dear Mr. Simpson & Ms. Campbell- Simpson: Your requests to rezone from R -1 to B -1. for Environmental Review and to establish multiple commercial uses at 3111 Tieton Drive (Assessor's parcel numbers 181323- 33003) were received April 16, 2001. Your master application has been determined complete as of May 2. 2001. Continued processing of your land use application will include. but is not limited to, the following actions: 1. Notification of adjoining property owners of the public hearing. legal notice of public hearing published in the Yakima - Herald Republic. and the posting of the property on this land use proposal twenty days prior to the hearing date. A tentative hearing date being considered is June 14, 2001. I will notify you about the posting of the property: 2. Preparation of a staff report: 3. Public hearing before the hearing examiner: 4. Issuance of the Hearing Examiner's recommendation; and 5. Resolution by City Council. If you have any questions regarding this matter, please contact me at (509) 575-6164. . Sincerely. / . • ,- 4 • 0 Kim Szogi Senior Planner Yakima bted DOO. INDEX '1 # /1 1994