HomeMy WebLinkAbout1998-053 RezoneIIIORDINANCE.NO.98- 53
AN ORDINANCE concerning land use and zoning; rezoning 4.65 acres in the
vicinity of 2701 Englewood from Single -Family Residential
(R-1) to Multi -Family Residential (R-3) and amending the
Official Yakima Urban Area Zoning Map accordingly; granting
Class 2 approval for Group Homes; granting Class 3 approval
for Professional Offices; and granting an Administrative
Adjustment to the parking standards for Group Homes and
Professional Offices.
WHEREAS, Enterprise for Progress in the Community (EPIC) has requested:
(1) amendment of the Official Yakima Urban Area Zoning Map to rezone 4.65 acres
in the vicinity of 2701 Englewood (Yakima County Assessor's Parcel # 181314-33015)
(referred to below as "the Subject Property") from Single -Family Residential (R-1) to
Multi -Family Residential (R-3); (2) Class 2 approval for Group Homes; (3) Class 3
approval for Professional Offices; and (4) an Administrative Adjustment to the
parking standards for Group Homes and Professional Offices (see Department of
Community and Economic Development files UAZO RZ #8-98, CL(2) #26-98, CL(3)
#8-98, ADM. ADJ. #30-98); and
WHEREAS, on August 13, 1998, the City' of Yakima Hearing Examiner conducted a
0 duly convened open recordpublic hearing regarding the requested rezone, Class 2
and Class 3 zoning review, and Administrative Adjustment, and after considering
the contents of the file and evidence received at the public hearing, issued his
Examiner's Recommendation, Examiner No. IU98-2-25, dated August 27, 1998; and
WHEREAS, the Hearing Examiner recommended:
1. The Subject Property should be rezoned from Single -Family Residential (R-1) to
Multi -Family Residential (R-3); and
2. Class 2 approval for Group Homes, Class 3 approval for Professional Offices, and
Administrative Adjustment to the parking standards for Group Homes and
Professional Offices should be granted, subject to certain conditions stated on
pages 7-8 of the Hearing Examiner's Recommendation; and
WHEREAS, at its regular public meeting on October 6, 1998, the City Council duly
considered the requested rezone, Class 2 and Class 3 approvals, and Administrative
Adjustment, and the Hearing Examiner's. Recommendation; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the
contents of the file, and the statements of interested persons, the City Council finds
with respect to the requested rezone:
1. The Subject Property is suitable for uses permitted in the Multi -Family
Residential (R-3) zoning district;
IDORDINANCE: REZONE, CLASS 2 AND 3 APPROVAL Page 1 of 4
2. There exists a public need foi: the requested rezone;
3. Circumstances have changed since the existing zoning was established which
now make the requested rezone appropriate; and •
4. The requested rezone is consistent with and complies with:
a. The requirements and considerations set forth in chapter 15.23 of the Yakima
Municipal Code;
b. The goals and policies of the Yakima Urban Area Comprehensive Plan;
c. The intent of the Yakima Urban Area Zoning Ordinance;
d. Other applicable land use controls; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the
contents of the file, and the statements of interested persons, the City Council finds
that, subject to the conditions stated on pages 7 and 8 of the Hearing Examiner
Recommendation, and the additional condition, to be included in a recorded
development agreement, that any change(s) in the use of the Subject Property shall
require review and enforcement or administrative adjustment of the parking
standards applicable to the proposed different use(s), the. requested Class 2 and
Class 3 approvals and Administrative Adjustment should be granted; and
WHEREAS, it is in the best interests of the City to adopt the Hearing Examiner's
findings and conclusions and recommendation to approve the requested rezone and,
subject to the conditions stated on pages 7-8 of the Hearing Examiner
Recommendation to grant the requested Class 2 and Class 3'approvals and
Administrative Adjustment; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts the findings, conclusions and
recommendations of the Hearing Examiners Recommendation, Examiner
No. IU98-2-25, dated August 27, 1998, and incorporates that Hearing Examiner's
Recommendation by reference as part of this ordinance.
Section 2. Regarding the requested rezone of the Subject Property, which is
located in the vicinity of 2701 Englewood in Yakima, Washington, and legally
described as:
The following -described portion of the South Half of the Southwest Quarter
(S1/2SW1/4) of Section Fourteen (14), Township Thirteen (13) North, Range
Eighteen (18) East of the Willamette Meridian:
Beginning at an iron pin on the South line of said subdivision situate 1019.3 feet
East of the Southwest corner thereof; thence North 54° West 33.85 feet; thence
Northwesterly along the Northeasterly right of way line of "Power House Road"
ORDINANCE: REZONE, CLASS 2 AND 3 APPROVAL Page 2 of 4
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449 feet to an iron pin, said point is designated as point "D"; thence North 40°.43'
East 450.7 feet to a point designated as point "A"; thence South 33° 10' East 180.1
feet to a point designated. as point"B"; the true point of beginning of this
description; thence continuing South 33° 10' East 225 feet; thence South 49° 30'
West 60 feet; thence South 40° 30' East 343 feet, more or less, to the Westerly line
of Bower's Englewood Tracts, as shown on plat recorded in Volume "H" of Plats,
page 45; thence North 33° 24' West 809 feet to a point designated as point"E";
thence on a line bearing South 81° 24' West to the intersection with a line
extending from point "A" to point "B", said point of intersection designated as
point "C"; thence South 33° 10' East to the true point of beginning.
EXCEPT right of way for. Englewood Avenuealong the South'lute thereof.
Yakima County Assessor's Parcel #181314-33015
the City Council finds formally that:
1. The Subject Property is suitable for uses permitted in the Multi -Family
Residential (R-3) zoning district;
2. There exists a public need for the requested rezone;
3. Circumstances have changed since the existing zoning was established which
now make the requested rezone appropriate; and
4. The requested rezone is consistent with and complies with:
a. The requirements and considerations set forth in Chapter 15.23 Yakima
Municipal Code;
b. The, goals and policies of the Yakima Urban. Area Comprehensive Plan;
c. The intent of the Yakima Urban Area Zoning Ordinance; and
d. Other applicable land use controls.
Section 3. The Official Yakima Urban Area Zoning Map is amended to rezone the
Subject Property from Single -Family Residential (R-1) to Multi -Family Residential
(R-3).
Section 4. The requested Class 2 and Class 3 approvals and Administrative
Adjustment are granted subject to the conditions stated on pages 7-8 of the Hearing
Examiner's Recommendation, and the additional condition that the required
development agreement shall also provide that any change(s) in the use of the
Subject Property shall require review and enforcement or administrative adjustment
of the parking standards applicable to the proposed different use(s).
Section 5. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance.
ORDINANCE: REZONE, CLASS 2 AND 3 APPROVAL Page 3 of 4
Section 6. Subject to the foregoing provisions and conditions, 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.
PASSERBY THE CITY COUNCIL at a regular meeting and signed and approved
this 3- day of November,1998.
ATTEST:
John Puccinelli, 'Mayor
City Clerk
Publication Date:
Effective Date: 1 a- -(42
C:\word docs\rezones\epic - englewood ave\ordinance.doc Last printed 10/28/98 4:10 PM
ORDINANCE: REZONE, CLASS 2 AND 3 APPROVAL Page 4 of 4
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Filed at request of
and return to:
CITY CLERK
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
DOCUMENT TITLE: DEVELOPMENT AGREEMENT
GRANTORS: ENTERPRISE FOR PROGRESS IN THE COMMUNITY (EPIC)
HAROLD ALDERSON
MARGARET ALDERSON
GRANTEES: CITY OF YAKIMA
LEGAL DESCRIPTION:
PART OF THE S1/2 OF THE SW'/4 OF SECTION 14 TOWNSHIP 13 N, RANGE 18 EWM
Additional legal below on this page.
ASSESSOR'S TAX PARCEL NUMBER 181314-33015
DEVELOPMENT AGREEMENT
,% This Development Agreement (the "Agreement") is made as of this r `5 day of
%V0i,'C'mf:'E'# , 1998, by the City of Yakima, Washington, a municipal corporation organized under
the laws of the State of Washington (the "City"), and Enterprise for Progress in the Community
(EPIC), and Harold and Margaret Alderson ("Developer").
RECITALS
A. Developer has requested: (1) amendment of the Official Yakima Urban Area Zoning Map to
rezone 4.65 acres in the vicinity of 2701 Englewood (referred to below as "the Subject Property") from
Single -Family Residential (R-1) to Multi -Family Residential (R-3); to grant Class 2 approval for Group
-Homes and Class 3 approval for Professional Offices; and Administrative Adjustment to the parking
standards for Group Homes and Professional Offices (see Department of Community and Economic
Development files UAZO RZ #8-98, CL(2) #26-98, CL(3) #8-98, ADM. ADJ. #30-98). The Subject
Property is Yakima County Assessor's Tax Parcel Number 181314-33015) and is described as:
The following -described portion of the South Half of the Southwest Quarter (S1 SW1/a) of
Section Fourteen (14), Township Thirteen (13) North, Range Eighteen (18) East of the
Willamette Meridian:
Beginning at an iron pin on the South line of said subdivision situate 1019.3 feet East of the
Southwest corner thereof; thence North 54° West 33.85 feet; thence Northwesterly along the
Northeasterly right of way line of "Power House Road" 449 feet to an iron pin, said point is
designated as point "D"; thence North 40° 43' East 450.7 feet to a point designated as point "A";
DEVELOPMENT AGREEMENT/ EPIC REZONE Page 1 of 4
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ITY OF YAK MA
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thence South 33° 10' East 180.1 feet to a point designated as point "B"; the true point of
beginning of this description; thence continuing South 33° 10' East 225 feet; thence South 49°
30' West 60 feet; thence South 40° 30' East 343 feet, more or less, to the Westerly line of Bower's
Englewood Tracts, as shown on plat recorded in Volume "H" of Plats, page 45; thence North
33° 24' West 809 feet to a point designated as point "E"; thence on a line bearing South 81° 24'
West to the intersection with a line extending from point "A" to point "B", said point of
intersection designated as point "C"; thence South 33° 10' East to the true point of beginning.
EXCEPT right of way for Englewood Avenue along the South line thereof.
Situated in Yakima County, Washington
B. The City is willing to rezone the Subject Property from Single -Family Residential (R-1) to
Multi -Family Residential (R-3); to grant Class 2 approval for Group Homes and Class 3 approval for
Professional Offices; and Administrative Adjustment to the parking standards for Group Homes and
Professional Offices, but only if:
1. Building heights on the Subject Property are restricted to 24 feet.
2. Offices and related space are limited to entities providing services or goods directly related to
the facility. This is intended to allow flexibility, a variety of services, and perhaps a small food
service operation, without permitting free-standing commercial operations.
3. Any change(s) in the use of the Subject Property shall trigger review and enforcement or
administrative adjustment of the parking standards applicable to the proposed different
use(s).
C. Developer agrees to fully satisfy the conditions specified above.
AGREEMENT
In consideration of the mutual promises herein, the City and the Developer agree as follows:
1. Developer stipulates that, for the purposes of establishing and enforcing this development
agreement, the City's current development regulations are "development regulations adopted by a
local government planning under chapter 36.70A RCW" according to the provisions of RCW
36.70B.170.
2. The City shall rezone the Subject Property from Single -Family Residential (R-1) to Multi -
Family Residential (R-3). .
3. The City shall grant Class 2 approval for Group Homes and Class 3 approval for Professional
Offices; and Administrative Adjustment to the parking standards for Group Homes and Professional
Offices.
4. Developer and its transferees and successors in interest shall restrict building heights on the
Subject Property to 24 feet.
5. Developer and its transferees and successors in interest shall limit offices and related space to
entities providing services or goods directly related to the facility. This is intended to allow flexibility,
a variety of services, and perhaps a small food service operation, without permitting free-standing
commercial operations.
6. Developer and its transferees and successors in interest stipulate and agree that any change(s)
in the use of the Subject Property shall require review and enforcement or administrative adjustment
of the parking standards applicable to the proposed different use(s).
DEVELOPMENT AGREEMENT/ EPIC REZONE Page 2 of 4
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7. 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 shall be delivered or made by United States
registered or certified mail, return receipt requested, postage prepaid, addressed as follows:
In the case of the City to: In the case of the Developer to:
City of Yakima EPIC
c/o City Manager 2902 Castlevale Road, Suite A
129 North Second Street ' Yakima, Washington 90902
Yakima, Washington 98901
8. Litigation, Venue, and Governing Law. In the event any suit or action is instituted by either
party to enforce compliance with or interpret any of the terms, provisions or conditions of this
development agreement, the prevailing party shall be entitled to collect, in addition to necessary court
costs, such sums as the court may adjudge as reasonable attorney's fees. The venue of any action to
enforce or interpret this development agreement shall lie in the Superior Court of Washington for
Yakima County, Washington. This Agreement shall be governed by 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.
DEVELOPER:
THE CITY OF YAKIMA, ENTERPRISE FOR PROGRESS IN THE
a Washington municipal corporation COMMUNITY (EPIC),
a Washington municipal corporation
By
ATTEST:
OCYKTAie7 Oa.
.mase Po:
R. A ais, Jr.
City Manager
DEVELOPMENT AGREEMENT/ EPIC REZONE
By
Name Printed ' ` , % Ve y c
Signer's Title e doa i>r-e 1:3';'re
Harold Alderson
TY OF VRK MR
1
Margaret Alderson
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State of Washington )
) ss:
County of Yakima ) ' /-----
I
-__ I certify that I know or have satisfactory evidence that L25,./A__ 44--.4-cmc/ is
the person who appeared before me, and said person acknowledged that (e/she) signed this
instrument, on oath stated that ( /she) was authoriz cLto execute the instrument and acknowledged
it as the (type of authority, e.g., officer, trustee, etc.)--.,z.�,-r'�.6 (V,,,2)(-4-.4 e:'e-"1,1 of
(name of party on behalf of whom instrument was executed) /
be the free and voluntary act of such party for the uses and purposes mentioned in the instru%;en
,
DATED: / i'Z177; --i--C4//6 / / /c/g r r
r. .. � _
Printed Name: /7.--5a,/,:-
State
7". G%/,`
State of Washington
) ss:
County of Yakima
NOTARY PUBLIC in and or th'e Stat6f,Washin4on;
residing at a✓G-. �� , /,.._ F
My commission expires: /1. // 7/ ej' %' ,
I certify that I know or have satisfactory evidence that Harold Alderson is the person who appeared
before me, and said person acknowledged that he signed this instrument and acknowledged it to be
his free art voluntary act for the uses and purposes mentioned in the instrument.
-/--e,Z,e_ yL `-et)
DATED:
State of Washington
) ss:
County of Yakima
NOTARY
residing at
My commissi
IC in and for t
n expires:
I certify that I know or have satisfactory evidence that Margaret Alderson is the person who appeared
before me, and said person acknowledged that he signed this instrument and acknowledged it to be
his free a voluntary act for the uses and purposes mentioned in the instrument.
DATED: '&67721_4(1,/," /l `,�/-
Printed ,Nazi%:
NOTARY P,UBUC in and for the State. ofa Shing
residing at
My commissaii expires: //
DEVELOPMENT AGREEMENT/ EPIC REZONE
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ITY OF YAK M
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CITY OF YAKIMA, WASHINGTON
Information Services - GIS
I-1LE NO: UAZO RZ#8-98
gliPLICANT: EPIC
IIIEQUEST: REZONE FROM R-1 TO R-3 AND LOCATE
A PROFESSIONAL OFFICE BUILDING
LOCATION: N. OF ENGLEWOOD BTWN 27TH & 32ND AVES.
3201
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710
706
706
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2711
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2608
2515
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2614
709 M
707 2510
705 2601
703
2607 2603 XI +'
710
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27066.11
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2706 a
520
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2702
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2707 516
2703
2611
612 m
610
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Current
Zoning
CURRENT ZONING
SR Suburban Residential
R-1 Single -Family Residential
■ R-2 Two -Family Residential
■ R-3 Multi -Family Residential
B -I Professional Business
■ B-2 Local Business
▪ HB Historical Business
■ SCC Small Convenience Center
LCC Large Convenience Center
■ CBD Central Business District
CBDS CBD Support
M-1 Light Industrial
■ M-2 Heavy Industrial
Future
Land Use
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FUTURE LAND USE
Low Density Residential
Medium Density Residential
High Density Residential
Professional Office
Neighborhood Commercial
Large Convenience Center
Arterial Commercial
▪ CBD Core Commercial
Wholesale/Warehouse
■ Industrial
■ Institutional
▪ Parks/Open Space
Urban Reserve
Yakima
Water & Sewer
N Water Line
N Sewer Lines
Digital
Orthophoto
Mosaic of Digital
Orthophotography
flown 03/12/94
CITY OF YAKIMA
DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPEMENT
129 North Second Street
Yakima, Washington 98901
Phone: (509)675-6113
Fax (6091675-6105
All maps shown at 1' = 300ft
One page Atlas: rz8-98
Created: May 08,1998
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 i
For Meeting Of Nov. 3. 1998
ITEM TITLE: Ordinance Adoption - EPIC Rezone
SUBMITTED BY: William R. Cook, Director, Community & Economic Development
CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner 575-6042
SUMMARY EXPLANATION:
BACKGROUND
On Oct. 6, 1998, the City Council voted to accept the Hearings Examiner's
recommendation to rezone approximately 4.65 acres of land located at 2701
Englewood Avenue from R-1, Single -Family Residential to R-3, Multi -Family
Residential.. Attached for your action is the Rezone Ordinance which will effect this
change.
Resolution _ Ordinance X Contract _ Other (Specify) Map
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Ordinance.
BOARD RECOMMENDATION: Hearing Examiner recommended approval of rezone on
August 27, 1998.
COUNCIL ACTION:
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Master Application by
EPIC for a Rezone from R-1
to R-3, Class 2 Review
for Group Homes, Class 3
Review for Offices, and
Adjustment of Parking near
2701 Englewood Avenue
EXAMINER'S
RECEIVED
AUG271998
CITY OF YAKIMA
RECOMMENDATION PLANNING DIV.
City No. UAZO RZ #8-98,
EC #18-98, CL(3) #8-98,
CL(2) #26-98, Adm. Adj. #30-98
EXAMINER NO. IU98-2-25
The Examiner conducted a public hearing on August 13, 1998.
The staff report presented by Bruce Benson recommended approval.
Steve Liddicoat, of Gridline, Inc., and an EPIC entourage appeared
on behalf of the proposal. There was no opposition. The Examiner
inspected the property prior to the hearing.
SUMMARY OF DECISION. The Examiner recommends approval.
Although this is a multi -faceted, large, and fairly complex
proposal, it is entirely non -controversial. The only issue deals
with potential limitations on commercial business, and what types
of entities can locate professional offices on site.
From the view of the site, the matters 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. EPIC - Enterprise for Progress in the
Community.
2. Location. 2701 Englewood Avenue; Assessor's parcel
number 181314-33015. The legal description is attached to the
application and incorporated by reference.
EXAMINER'S RECOMMENDATION - 1
EPIC
HE #IU98-2-25
HEARING EXAMINER
FOR THE
CIT' AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
3. Application. This is a master application requesting
a rezone of approximately 4.65 acres from R-1, Single -Family
Residential to R-3, Multi -Family Residential together with
Environmental Review, Class (2) review for Group Homes, Class (3)
review to permit Professional Offices, and an Administrative
Adjustment to the parking standards for Group Homes and
Professional Offices.
4. Proposed Zone. Multi -Family Residential (R-3).
5. Proposed Use. Group Homes and related offices.
6. Current Zoning and Use. This property is currently
orchard and zoned R-1.
Adjacent properties have the following characteristics:
Location Zoning Existing Land Use
North R-1 Orchard
East R-1 Single -Family Residential
West R-1 and R-2 Residential
South R-2 Residential
7. Project Description. This is a master application
involving the above cited five separate land use reviews. The
EPIC organization is purchasing this orchard property, and
adjacent orchard lands, with plans for a future mixed use
development. On this property they propose nine individual group
homes and/or offices and four outbuildings to be constructed in a
four phase development. EPIC already has a presence in this area
in that they operate programs and locate some of their
administrative functions at the former Castlevale School building
along Castlevale Road, located approximately 1/4 mile to the
north. This property was part of the recent Fruitvale annexation
incorporated into the City of Yakima on May 1, 1998.
The staff report contains considerably more detail, and is
adopted and incorporated by reference.
8. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YMC 15.23.030(5) are considered below:
EXAMINER'S RECOMMENDATION - 2
EPIC
HE #IU98-2-25
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HEARING EXAMINER
FOR THE
DT' AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAK IMA. WASHINGTON 98907
(509) 248-0706
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8.1 Testimony. All testimony and written comments
support the rezone.
8.2 Suitability of the Property. This property is
physically well suited for this relatively intense use.
8.3 Agency Recommendations. No agencies are opposed
to the rezone. The Planning Division recommends approval.
8.4 Compliance with Comprehensive Plan and Zoning
Ordinance. This is dealt with in more detail in the staff report.
Perhaps the most salient point is that this area is designated by
the 1997 Comprehensive Plan as appropriate for high density
development. Both the old and the new plans encourage this type
of project, which locates public facilities of this type within
the urban area, in areas well served by arterials, in a manner
which is compatible with surrounding development.
With respect to the zoning ordinance, R-3 zoning is
considered compatible with R-1 zoning if appropriate site
considerations are taken. In this instance, in order to promote a
compatible development, the applicant will separate access, using
a collector arterial, so that access does not run through R-1
neighborhoods. Sitescreening will be employed to the east and
west, there will be building height limitations, and buildings
will be designed to architecturally blend with the neighboring
areas.
8.5 Adequacy of Public Facilities. The developer
acknowledges that all public utilities need to be extended to this
site, and will be done so as part of this prosect.
8.6 Compatibility. Perhaps the single most
significant factor is that there is absolutely no opposition to
this proposal. EPIC has met with the neighbors prior to the
public hearing, and has obviously done an exceptional job of
designing a project which fits into the area.
8.7 Public Need. As reflected in the entire file,
including the staff report, there is a substantial public need for
EXAMINER'S RECOMMENDATION - 3
EPIC
HE #IU98-2-25
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAK IMA. WASHINGTON 98907
(509) 248-0706
the community services currently offered and proposed to be
offered by EPIC.
9. Class 2 and Class 3 Review. Even if granted the
rezone, this proposal remains dependent upon receiving concurrent
approval for both the Class (2) group homes and the Class (3)
professional offices. The property is not proposed for
subdivision so control of this development will remain in the
hands of the developer. This proposal has a separate access from
a collector arterial; once traffic has left the arterial it will
not be mixed with other residential traffic in the area. The
site plan indicates a campus -like environment with compatible
offices and group homes. The entire project will be integrated
with the surrounding neighborhood by appearance and segregated by
use. Landscaping, site screening, and topography will be used to
provide a buffer to other less intensive land uses.
10. ,Adjustment of Parking Standards. YMC Section 15.10.020
authorizes the Administrative Official to adjust certain
standards of the ordinance, including parking standards. Such
adjustments are intended to allow for site flexibility and
provide the opportunity for some tradeoffs in amenities in
exchange for the adjustment in standards. Of the five criteria
listed in UAZO 15.10.020, the subject proposal conforms, or does
not conform, in the following ways:
1. Siting for solar access:
Does not apply, solar access is not a consideration in this
request.
2. Zero Lot Line construction:
Does not apply, no zero lot line construction is proposed.
3. Coordinate site features with surrounding land uses:
Does not apply.
4. Flexibility of design:
The parking standards for group homes is one space for each
two beds and the standard for offices is one space for each two
EXAMINER'S RECOMMENDATION - 4
EPIC
HE #IU98-2-25
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HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
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hundred square feet of gross floor area. -The site plan indicates
that to meet the standard based on usage there should be 87
parking spaces and only 77 are indicated. The applicant has
indicated that their group home client residents are not
permitted to have a car while in residence. -On this basis they
'have requested reduction of the parking standards by ten spaces.
The request is logical; the standard presumes vehicle usage when
there will be none. The reduction is realistic. In the future,
if any of the building space set aside for group home use -is
altered to office use, the issue of parking spaces should be
reexamined because offices require significantly more parking
than group homes.
5. Consistency with sub -area plans:
No plans exist to address this area.
11. Phased Development. The applicant has presented a site
plan and narrative proposing four phases of development. Phase
I, closest to Englewood, is believed to be financially feasible
upon receipt of zoning and land use approval. Development of
additional phases will require continuing financial support and
agency partnering which is dependent upon many factors. The
applicant asks that approval be granted now for future phases.
The maximum time period requested between phases is three years.
The applicant would also like to reserve the right to begin phase
development earlier, if possible. This is contingent upon the
requirement that all phasing or partial phasing will require
complete infrastructure improvements before certificates of
occupancy are issued.
The applicant has been advised that theapproval of a phased
development will require continued adherence to the. final site
plans and designs approved through this review and hearings
process. Alterations of these site plans and proposals could be
achieved through the modification process set forth in YMC
Chapter 15.17. Any changes in excess of that permitted under the
EXAMINER'S RECOMMENDATION - 5
EPIC
HE #IU98-2-25.
HEARING EXAMINER
FOR THE
CIT' AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAK MIA. WASHINGTON 98907
(509) 248-0706
modification provisions will require additional Class (2) or
Class (3) review, and perhaps additional SEPA review, depending
upon the type and scope of changes requested.
Phasing is appropriate.
-12. Environmental Review. A Determination of Non-
significance was issued by the city, and is now final.
13. Public Notice. Notice for the hearing was provided
in accordance with the UAZO requirements in the following manner:
Mailing of notices to adjacent owners July 31, 1998
Posting of property July 31, 1998
Legal Ad published July 31, 1998
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. The proposed master application conforms to the goals
and policies of the Yakima Urban Area Comprehensive Plan, and to
the intent of the Yakima Area Zoning Ordinance, the property is
suitable for uses permitted in the R-3 district; and will serve
the public use and interest, subject to the conditions set forth
below.
3. All notice provisions of the ordinance have been
complied with.
Based upon the foregoing findings and conclusions, the
Examiner submits to the Yakima City Council the following:
EXAMINER'S RECOMMENDATION - 6
EPIC
HE #IU98-2-25
•
•
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HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
RECOMMENDATIONS
1. Approve this rezone application, from R-1 to R-3.
2. Approve the Class 2 request for group homes and the -
Class 3 request for professional offices; approve the requested
adjustment to parking standards, and approve the proposed phasing,
subject to the following conditions:
2.1. Dedication of an additional ten feet of right-of-
way and frontage improvements are required along Englewood
Avenue. These shall include asphalt widening, curb and gutter
with controlled drainage, and a seven foot wide sidewalk. This
will necessitate a civil engineering design approved by the City
Engineer prior to construction. (YMC Section 14.20.020).
2.2. A final site plan will be required showing the
frontage improvements to Englewood and noting the approved time
frames for the phasing of development.
2.3. The developer shall submit design and engineering
plans to the City Engineer for all water, and sewer improvements.
No construction of improvements shall begin until the .City
Engineer has approved the plans.
2.4. The developer shall consult with the Fire
Department regarding placement of fire hydrants prior to their
installation.
2.5. "No Parking" signs shall_ be placed along the
private access road.
2.6. Irrigation water shall be utilized for non-
domestic purposes, if available.
2.7. A development agreement or deed restriction shall
be executed and recorded with the County Auditor restricting
building heights to 24 feet; offices and related space shall be
limited to entities providing services or goods directly related
to the facility. [This is intended to allow flexibility,
EXAMINER'S RECOMMENDATION - 7
EPIC
HE #IU98-2-25
HEAR WG EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE 8OX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
allowing a variety of services, and perhaps a small food service
operation, without permitting free standing commercial
operations.]
2.8. Phased development is approved. Certificates of
occupancy shall not be issued for buildings within a given phase
until infrastructure for that phase is completed or otherwise
financially guaranteed or bonded for.
2.9 This project approval shall be valid for ten
years, and subject to extension as the Administrative Official may
determine is reasonable.
DATED this -1:1 day of August, 1998.
Ae
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 8
EPIC
HE #IU98-2-25
•
•
•
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706