HomeMy WebLinkAbout2012-007 Rezone Property at 724 North 34th Avenue; Richard EhlersIIIII7IIIn5 II4 II01 II9�411h1 INI�I ,iIV
FILE# 7754019
YAKIMA COUNTY, WA
02/22/2012 01:08:51PH
ORDINANCE
PAGES: 19
CITY OF YAKINA PLANNING
Recording Fee: 80.00
February 22, 2012
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 2012 -07
Rezone property located at 724 North 34th Avenue,
Yakima, Washington, from Two - Family Residential (R-
2) to Multi- Family Residential (R -3), requested by Lars
and Richard Ehlers
Grantor: City of Yakima
Grantee: The Public
ABBREVIATED DESCRIPTION:
Section 15 Township 13 Range 18 Quarter SE: Plat OF NACHES ORCHARD
TRACTS: E 244 FT OF S 88 FT OF LOT 9, EX BEG SE COR SD LOT 9, TH N
00^ 19'50 " W 3.58 FT, TH N 89^ 34'PARL WITH E LN 5.40 FT, TH E'LY TO
POB: ALSO E 244 FT OF N 82.5 FT OF S 170.5 FT OF SD LOT 9, EX E 136 FT,
OF SD PLAT
PARCEL NUMBERS: Yakima County Assessor's Parcel Numbers 181315-
41429 and 181315 - 41430, which have since been merged into a single
Assessor's Parcel Number 181315 -41500
ORDINANCE NO. 2012 -07
AN ORDINANCE relating to land use regulation and zoning; rezoning one parcel of property
located at 724 North 34th Avenue, Yakima, Washington, from Two - Family
Residential (R -2) to Multi - Family Residential (R -3), as more fully
described herein; and approving the recommendation of the Hearing
Examiner regarding the same; Richard Ehlers being identified as the
applicant herein.
WHEREAS, by Master Application dated September 6, 2011, Richard Ehlers requested
the rezone of two adjacent parcels, being Yakima County Assessor's Parcel Numbers 181315-
41429 and 181315 - 41430, which have since been merged into a single Assessor's Parcel
Number 181315 - 41500, located at 724 North 34th Avenue, Yakima, Washington (hereafter
"Subject Property "), from Two - Family Residential (R -2) to Multi - Family Residential (R -3); and
WHEREAS, on December 16, 2011, the Hearing Examiner conducted an open record
public hearing concerning the requested rezone and related matters (City of Yakima File Nos.
RZ #010 -11, CL3 #005 -11, and SEPA #038 -11); and
WHEREAS, on January 3, 2012, the Hearing Examiner issued his Recommendation and
Decision regarding the matters, and recommended that the Subject property be rezoned from
Twp- Family Residential (R -2) to Multi - Family Residential (R -3); and
WHEREAS, at a closed record public hearing held pursuant to notice by the City Council
on February 7, 2012, the City Council considered the requested rezone, including the
documents and other evidence which comprise the record developed before the Hearing
Examiner, the recommendation of the Hearing Examiner, and the evidence and testimony within
and concerning such record and recommendation; and
WHEREAS, the City Council finds that the recommendation of the Hearing Examiner,
and the considerations of the Hearing Examiner in response to the requirements and criteria of
the Yakima Municipal Code, including but not limited to YMC 15.23.030, are correct and
appropriate, and that the same should be adopted by the City Council as its findings herein; and
WHEREAS, the City Council finds and determines that approval of such rezone in
accordance with the recommendation of the Hearing Examiner is in the best interests of
residents of the City of Yakima and will promote the general health, safety and welfare, now,
therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The Subject Property located at 724 North 34th Avenue, Yakima,
Washington (Yakima County Assessor's Parcel Number 181315 - 41500), legally described in
Exhibit "A" attached hereto and incorporated herein by this reference, is hereby rezoned
from Two - Family Residential (R -2) to Multi - Family Residential (R -3).
Section 2. The findings within the Hearing Examiner's Recommendation and Decision
dated January 3, 2012 regarding the rezone in City of Yakima File #010 -11, are hereby
adopted by the City Council as its findings in support hereof pursuant to YMC 15 23 030(F),
and are incorporated herein by this reference as if fully set forth herein.
Section 3. The Official Yakima Urban Area Zoning Map and all other zoning Land
use and similar maps maintained by the City of Yakima shall be amended or modified,
subject to the conditions stated below, to reflect this rezone.
Section 4. Severability- If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision
shall not affect the validity of the remaining portions of this ordinance.
Section 5. The City Clerk is hereby authorized and directed to file a certified copy of
this ordinance with the Yakima County Auditor.
Section 6. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 7th day of February, 2012.
AJ (A
ATTEST: Micah Cawley, ayor
� P M,q
City Clerk
SEAL
SG" ot
Publication Date: February 10 201 H►N
Effective Date: March 11, 2012
it
EXHIBIT "A"
LEGAL DESCRIPTION
Section 15 Township 13 Range 18 Quarter SE: Plat OF NACHES ORCHARD TRACTS:
E 244 FT OF S 88 FT OF LOT 9, EX BEG SE COR SD LOT 9, TH N 00" 19 ' 50 " W
3.58 FT, TH N 89^ 34'PARL WITH E LN 5.40 FT, TH FLY TO POB: ALSO E 244 FT
OFN82. 5FTOFS170 .5FTOF SID LOT 9,EXE136 FT, OF SID PLAT
EXHIBIT "A"
LEGAL DESCRIPTION
Section 15 Township 13 Range 18 Quarter SE: Plat OF NACHES ORCHARD
TRACTS: E 244 FT OF S 88 FT OF LOT 9, EX BEG SE COR SD LOT 9, TH N
00" 19 ' 50 " W 3.58 FT, TH N 89^ 34'PARL WITH E LN 5.40 FT, TH E'LY TO
POB: ALSO E 244 FT OF N 82.5 FT OF S 170.5 FT OF SD LOT 9, EX E 136 FT,
OF SD PLAT
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
i:2, Planning Division
-- ! ;` 129 North Second Street 2nd Floor Yakima Washington 98901
t„,+ ° = ' �' (509) 575 -6183 • Fax (509) 575 -6105
', ,l,l .1 ti, :'- � �.. www.buildingyakima.com • www. ci. yakima.wa.us/services/planningl
NOTIFICATION OF HEARING EXAMINER DECISION 81
RECOMMENDATION TO THE
YAKIMA CITY COUNCIL
On January 3, 2012, the Yakima Hearing Examiner rendered his recommendation on a
Rezone Application submitted by Richard Ehlers for a rezone of two parcels from R -1,
Single- Family Residential to R -3, Multi - Family Residential, and a decision on the associated
Type (3) Review for the expansion of a medical office building. The proposed Rezone and
Type (3) Review is located at 724 N. 34th Avenue (Tax Parcel Numbers: 181315 -41429 &
181315 -41430 to be merged), Yakima, WA. The application was reviewed at a public
hearing held by the Hearing Examiner on December 16, 2011.
A copy of the Hearing Examiner's Findings, Recommendation, and Decision is enclosed.
The Hearing Examiner's Recommendation on the proposed Rezone will be considered by the
Yakima City Council in a Public Hearing to be scheduled. The City Clerk will notify you of the
, date, time and place of the public hearing.
The decision on the Type (3) Review is contingent upon approval of the proposed Rezone.
Notice of the final Type (3) Review Decision and appeal period will be issued following the
effective date of the Rezone ordinance.
For further information or assistance you may contact Jeff Peters, Associate Planner, City of
Yakima Planning Division located on the 2nd floor of Yakima City Hall, (129 North Second
Street), 575 -6163.
Jo- lavenport
Planning Manager
Date of mailing: January 6, 2012
Enclosures: Hearing Examiner's Recommendation, Decision, and Vicinity Map
Yakim;
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1994
City of Yakima, Washington
Hearing Examiner's Recommendation and Decision
January 3, 2012
In the Matter of a Master )
Application Submitted by: ) RZ #010 -11
) CL3 #005 -11
Richard Ehlers ) SEPA #038 -11
)
For a Rezone from R -2 to )
R -3; Class (3) Review;' and )
SEPA Review to Expand )
A Medical Office Building )
A. Introduction. The findings relative to the hearing process for this
application may be summarized as follows:
(1) The Hearing , Examiner conducted an open record public hearing
relative to this application on December 16, 2011.
(2) The staff report presented by Associate Planner Jeff Peters
recommended approval of this master application subject to conditions.
(3) The applicant' representative, Mike Stapleton, testified in favor of the
application and answered several questions about additional conditions raised
during the course of the hearing.
Richard Ehlers 1
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11
(4) Residents who have an interest in the property at 804 North 34
Avenue which is adjacent on its south and west boundaries to the proposed
medical office expansion, Mendie and Dan Pugsley, expressed concerns about an
access easement, the parking area and an irrigation line which were addressed by
additional recommended conditions discussed at the hearing.
(5) This recommendation relative to the requested rezone and this decision
relative to the requested Class (3) use have been issued within ten business days of
the hearing.
B. Summary of Recommendation and Decision. The Hearing Examiner
recommends that the Yakima City Council approve the requested project rezone
from R -2 to R -3 for the expansion of the applicant's medical office building and
approves that Class (3) professional office use if the requested rezone is granted
by the City Council, subject to conditions.
C. Basis for Recommendation and Decision. Based upon a view of the site
on December 15, 2011, with no one else present; the application, staff report,
exhibits, testimony and other evidence presented at an open record public hearing
on December 16, 2011; and a review of both the Yakima Urban Area
Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Hearing
Examiner makes the following:
FINDINGS
I. Applicant/Property Owner. The applicant/property owner is Richard
Ehlers, 3403 Powerhouse Road, Yakima, Washington 98902.
Richard Ehlers 2
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11
II. Location. The location of the proposed expansion of a medical office is 724
North 34 Avenue, Yakima, Washington. The Assessor's Parcel Numbers for the
property were 181315 -41429 and 181315-41430. Those parcels are now merged
into one Assessor's Parcel Number 181315- 41500.
{
III. Application. This master application combines a request for a project
rezone from the Two - Family Residential (R -2) zone to the Multi - Family
Residential (R -3) zone to expand an existing medical, office with a request for
approval of a Class (3) medical office use to allow that expansion. The applicant
proposes to construct a 5,275- square -foot medical office building with 40
additional parking spaces north of an existing 5,000- square -foot medical office
building which has 29 parking spaces. The existing medical office is in the R -3
zone. The adjacent property to the north proposed for the expansion is in the R -2
zone. Professional offices are Class (3) uses in the R -3 zone, but are not allowed
in the R -2 zone.
IV. Background of Application. The background of this application may be
summarized as follows:
(1) On April 7, 2003, Dr. Ehlers submitted a Master Application for a
Rezone from the R -2 zone to the R -3 zone and for approval of a Class (3) medical
office use in order to construct a 5,000- square -foot medical office building with 28
parking spaces on Assessor's Tax Parcel Number 181315 -44422 at 718 North 34
Avenue.
(2) The Hearing Examiner recommended approval of the proposed project
on July 11, 2003, and the Yakima City Council approved the Master Application
on September 2, 2003, by Ordinance Number 2003 -56. Since approval, the
Richard Ehlers 3
Expansion of Medical Office
724 North 34 Avenue
RZ 4010-11; CL3 #005 -11
•
medical office complex has undergone two modifications to the approved site plan
allowing an expansion of the medical office building up to 6,100 square feet with
29 parking stalls.
(3) Following the opening of Dr. Ehler's practice at this location, the eye
clinic business has thrived allowing the doctor to purchase two adjacent R -2 zoned
parcels (Assessor's Parcel Numbers 181315 -41429 and 181315 - 41430) to be used
to expand the existing eye clinic. The subject parcels are currently occupied by
two existing buildings which total approximately 2,935 square feet in size and are
proposed for removal. These two parcels have access to North 34 Avenue, as
well as access to Powerhouse Road. An access easement shown on the site plan
along the north side of adjoining Parcel No. 181315 -41428 will not be utilized as
access for the medical office.
(4) On September 6, 2011, Dr. Ehlers submitted this current Master
Application to develop Assessor's Tax Parcel Numbers 181315 -41429 and
181315 -41430 which have since been merged into a single Assessor's Tax Parcel
Number 1813) 5- 41500. The application requests that the additional property be
rezoned to R -3 like the existing eye care clinic property in order to allow for
approval of the proposed Class (3) medical office use on the additional property.
V. Notices. Notices for the public hearing were provided in accordance with the
applicable ordinance requirements in the following manners:
Mailing of hearing notice October 24, 2011
Posting of property October 24, 2011
Publishing of hearing notice October 24, 2011
•
VI. Environmental Review. Two agency comments were received during the
20 -day SEPA environmental review comment period which ended on November
14, 2011. A Declaration of Nonsignificance (DNS) was issued on November 18,
2011. The DNS was not appealed within the 14 -day appeal period which ended
on December 2, 2011.
Richard Ehlers 4
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11
• ,
VII. Zoning and Land Uses. The subject property is zoned R -2, Two - Family
Residential. Adjacent properties currently have the following zoning and land use
characteristics:
Location Existing Zoning Existing Land Use
North R -2 Single- Family Residence
East R -2 Single - Family Residence
South R -3 Eye Clinic
West R -2 Single- Family Residence
VIII. Traffic Concurrency. The Traffic Concurrency review for this project
was completed on November 23, 2011. Based upon the information provided by
the applicant, the proposed medical office expansion will not adversely impact the
arterial streets. Reserve capacity exists and this development will not diminish the
Level of Service for any arterial street below an acceptable level.
IX. Rezone Review 'Criteria. The Hearing Examiner's recommendations
regarding rezone applications within the Yakima Urban Area must be based upon
the following criteria specified in Subsection 15.23.030(D) of the Yakima
Municipal Code (YMC):
(1) The testimony at the public hearing. Associate Planner Jeff Peters
and the applicant's representative Mike Stapleton spoke in favor of the requested
rezone and medical office use. Mendie Pugsley opposed use of an area shown as
an access easement on the applicant's site plan along the north side of the property
at 804 North 34 Avenue. She also opposed use of the parking area in a way that
would impact the residential use of 804 North 34 Avenue. Dan Pugsley opposed
any development on the applicant's property that would interfere with the
continued use and maintenance of an existing sloped, gravity -flow irrigation line
Richard Ehlers 5
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11 ,
serving 804 North 34 Avenue which crosses the applicant's subject property.
Conditions to address these concerns were formulated at the hearing which would
confirm the applicant's intent not to use any easement that may exist along the
north side of 804 North 34 Avenue for access to any part of the medical facility,
would include the City's regulations regarding parking areas and would confirm
the right to continued use and access for maintenance of the existing irrigation line
serving 804 North 34 Avenue.
(2) The suitability of the property in question for uses permitted under
the proposed zoning. The property will be well suited for the proposed medical
office use as conditioned, so long as all of the other criteria for approval of the
requested R -3 zone are satisfied and so long as the criteria for approval of a Class
(3) medical office use are satisfied. This is a proposal to expand an existing
medical office use upon property immediately north of the existing use. The
existing medical office use has been established at its current location for several
years without complaints from the public. Appropriate sitescreening will be
required between the proposed medical office use and existing residences to
ensure that future compatibility is maintained. The concerns expressed in the
testimony of Mendie and Dan Pugsley will be addressed in conditions of approval.
For these reasons, the Hearing Examiner finds that the subject property
immediately north of the existing medical office facility is in fact suitable for the
proposed medical office use.
(3) The recommendation from interested agencies and departments.
The Planning Division recommends approval of the proposed project rezone. No
agencies or departments opposed this rezone request.
(4) The extent to which the proposed amendments are in compliance
with and /or deviate from the goals and policies as adopted in the Yakima
urban area comprehensive plan and the intent of the zoning ordinance. This
proposed rezone and Class (3) use are fully supported by the City's 2025
Comprehensive Plan Future Land Use Map (Map III -3) due to the subject
property's medium density designation and by Table III -11 entitled Future Land
Use and Current Zoning Comparison which supports the proposed rezone from the
R -2 to the R -3 zoning district. Goal 3.6 of the 2025 Comprehensive Plan is to
provide opportunities for office development to promote economic growth and to
meet the need for office space in the Yakima Urban Area. 2025 Comprehensive
Plan Policies include Policy 3.6.1 which is to encourage clustering of office
Richard Ehlers 6
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11
.
development in concentrated areas; Policy 3.6.2 which is to use offices as
transitional uses between commercial and residential areas; Policy 3.6.3 which is
to promote small -scale office development that will not have significant adverse
impacts on adjacent neighborhoods; and Policy 3.6.4 which is to encourage
placing of parking lots behind buildings, or along the side of buildings. The intent
of the R -3 zoning district stated in Subsection 15.03.020(D)(1) of the zoning
ordinance allows uses other than multi - family dwellings that are compatible with
the district. As conditioned, the proposed expansion of the existing medical office
use which was found to be compatible with the district in 2003 will likewise be
compatible with the district.
(5) The adequacy of public facilities, such as roads, sewer, water and
other required public services. The subject property is currently served by all
public utilities necessary for the operation of a medical office building. The
Traffic Concurrency review for this proposal completed on November 23, 2011,
determined that the proposed expansion of the medical office use will not
adversely impact the arterial streets, that reserve street capacity exists and that the
Level of Service will not be diminished below an acceptable level on any arterial
street.
(6) The compatibility of proposed zone change and associated uses
with neighboring land uses. As conditioned, the proposed use will be compatible
with the neighborhood because it is an expansion of an existing use which has
demonstrated its compatibility with the neighborhood for several years. The
existing medical office use has existed for several years without any known
neighborhood complaints. Any access, parking and irrigation line concerns
expressed about the proposed expansion will be addressed by conditions of
approval. This is a request for a natural northerly extension of the R -3 zoning
already existing to the south.
(7) The public need for the proposed change. There has been an
increased demand to provide more eye care services to the community, at least in
the applicant's location, since the medical office was constructed in 2003. Two
additional doctors have been hired in the last five years. Projections are that two
more doctors will be hired in the next five years. The public need for additional
eye care services supports this request to construct additional medical office space
and parking space.
Richard Ehlers 7
Expansion of Medical Office
724 North 34 Avenue
RZ #010-11; CL3 #005 -11
X. Class pi Review Criteria for Proposed Medical Office Use. The
Hearing Examiner's findings and conclusions are required to set forth specific
reasons and ordinance provisions demonstrating that the decision satisfies the
following requirements set forth in YMC 15.04.020(C) and 15.15.040(E):
(1) Compliance and Compatibility with the Objectives and the
Development Standards of the Comprehensive Plan. As previously noted
relative to the rezone criteria in this regard, this proposed rezone and Class (3) use
are fully supported by the City's 2025 Comprehensive Plan Future Land Use Map
1I1 -3 due to the subject property's medium density designation and by Table III -11
entitled Future Land Use and Current Zoning Comparison which supports the
proposed rezone from the R -2 to the R -3 zoning district. The proposed Class (3)
use would be compliant and compatible with 2025 Comprehensive Plan Goal 3.6
which is to provide opportunities for office development to promote economic
growth and to meet the need for office space in the Yakima Urban Area; Policy
3.6.1 which is to encourage clustering of office development in concentrated
areas; Policy 3.6.2 which is to use offices as transitional uses between commercial
and residential areas; Policy 3.6.3 which is to promote small -scale office
development that will not have significant adverse impacts on adjacent
neighborhoods; and Policy 3.6.4 which is to encourage placing of parking lots
behind buildings, or along the side of buildings.
(2) Compliance and Compatibility with the Intent and Character of the
Multi- Family Residential Zoning District. As also previously noted relative to
the rezone criteria in this regard, YMC 15.03.020(D)(l) allows uses other than
multi- family dwellings that are compatible with the district. Table 4 -1 in Chapter
15.04 of the zoning ordinance provides that offices and clinics are Class (3) uses
in the R -3 zoning district. The applicant's existing medical office use has been
established at its current location for several years without complaints from the
public. Appropriate sitescreening will be required between the proposed medical
office use and existing residences to ensure that future compatibility is maintained.
The concerns expressed in the testimony of Mendie and Dan Pugsley will be
addressed by conditions formulated at the hearing which would confirm the
applicant's intent not to use any easement that may exist along the north side of
804 North 34' Avenue for access to any part of the medical facility, would include
Richard Ehlers 8
Expansion of Medical Office
724 North 34 Avenue
RZ 4010 -1 l; CL3 4005 -11
the City's regulations regarding parking areas and would confirm the right to
continued use and maintenance of the existing irrigation line serving 804 North
34 Avenue.
(3) Compliance with the Provisions and Standards Established in the
Zoning Ordinance. The applicable provisions and standards in the zoning
ordinance include the following:
(a) The Development Services Team meeting held for this project on
November 2, 2011, and other agency submittals resulted in the following
comments:
(i) City Engineer: The owner is required to submit civil engineer -
ing plans for improvements per the requirements of Title 12 for acceptance.
Plans depicting all necessary engineering information were not submitted
for this review. As a result, should topographic and survey information be
different than depicted on the preliminary site plan submitted, requirements
shall be modified accordingly. Stormwater shall be treated and disposed of
per the Yakima County Regional Stormwater Manual for both private
property and city right -of -way. Stormwater considerations resulting from
frontage 'improvements shall be the responsibility of the developer and are
subject to approval by the City Engineer. The applicant shall extend the
• curb, gutter and sidewalk along Powerhouse Road from the existing
entrance to the west corner of the property per Title 12. If the applicant
were to utilize a new entrance to the property through an access easement
off Of North 34 Avenue as shown on the site plan, the applicant would
have been required to construct a commercial driveway approach at that
entrance and construct new curb, gutter and sidewalk to the existing curb,
gutter and sidewalk to the south. The applicant_ shall install a street light at
the intersection of North 34 Avenue and Powerhouse Road per Title 12.
All construction shall meet the requirements of the City of Yakima standard
plans and specifications and are subject to final approval by the City of
Yakima Engineer..
(ii) Buildi4 Codes: The water main in North 34 Avenue will not
provide enough fire flow to cover the size of this building. A new hydrant
must be added to the water main in Powerhouse Road at the intersection of
North 34 and Powerhouse Road. This will give enough fire flow if the
two buildings 'are 'separated with a two -hour fire -rated wall assembly with
Richard Ehlers 9
Expansion of Medical Office
724 North 34 Avenue
RZ #010-11; CL3 #005-11
90- minutes rated openings. The two parcels for this development shall be
merged.
(iii) Traffic: Traffic has no issue with the rezone. The proposed
site plan shows an access easement to a parking area on the north side of
the lot. If this easement were to be used for access to North 34 Avenue,
there would have been a need to pave the approach from the street back a
minimum of 20 feet from the edge of the existing pavement. This measure
is necessary to protect the shoulder and pavement edge on North 34
Avenue, and to minimize tracking of gravel and mud onto North: 34
Avenue.
(iv) City of Yakima Stormwater Engineer: The applicant states
that stormwater runoff will be retained onsite and designed in accordance
with the Eastern Washington Stormwater Manual. This is an appropriate
way to design the storm drainage system. Complete stormwater design
plans, specifications and runoff/storage calculations supporting the
stormwater design are required . pursuant to the Eastern Washington
Stormwater Manual and City of Yakima standards. These plans and control
measures must be completed by a licensed Professional Engineer and then
be reviewed and approved by the City of Yakima Surface Water Engineer
prior to construction. In accordance with Chapter 2, Section- 2.4 of the
December 2006 edition of the Department of Ecology's Guidance for UIC
Wells that Manage Stormwater, Publication Number 05 -10 -067,
Underground Injection Control (UIC) wells constructed on or after
February 3, 2006, are considered new and must be registered with the
Department of Ecology (DOE) prior to, construction. Therefore, if UIC
wells are used in the drainage design, the UIC wells must be registered with
DOE and a copy of the DOE UIC well registration form with a Professional
Engineer's stamp and signature for each well shall be delivered to the City
of Yakima's Surface Water Engineer before final project approval shall be
granted.
(v) City of Yakima Water and Irrigation: There is an existing
looped 6 -inch waterline in North 34 Avenue. There is a 3 /4 -inch water
service and meter to the site. The site is in the Low Service Area. Static
Pressure range is 52 to 57 psi. There is an existing fire hydrant just south
of the site on the west side of North 34` Avenue. There is an additional fire
hydrant off a looped 8 -inch waterline on Powerhouse Road approximately
Richard Ehlers 10
Expansion of Medical Office
724 North 34 Avenue
RZ #010-11; CL3 #005 -11
450 feet east of the site. All new fire hydrants or fire sprinkler
requirements are to be determined by the Codes Administration and the
Fire Department. Once detailed plans are submitted for review, review and
comments will be provided. Plans should accurately show all existing and
proposed utilities. If the lot is kept separate from the existing doctor's
office lot, then a separate water service and meter are required. Approved
Reduced Pressure Backflow Assembly is required to be installed on
domestic water service lines just inside the building prior to any other
branch or connection.
(vi) Yakima Regional Clean Air Agency (YRCAA): The
proponent shall file with YRCAA, and gain approval of a site dust control
plan to address site preparation, construction and landscaping phases. The
} proponent is also encouraged to file a Construction Dust Control Plan for
projects now and in the future.
(vii) State of Washington Department of Ecology: Dangerous
wastes are commonly generated during the demolition of buildings. The
amount of dangerous waste can be significant when buildings were built
before 1978 due to the presence of wood treated with arsenic, chromium,
lead, pentachlorophenol, or creosote; paint and coatings containing
asbestos, lead, mercury, PCBs; plumbing and pipes containing asbestos or
lead; and thermostats, switches and other electrical devices containing
mercury. Ecology's Hazardous Waste & Toxics Reduction Program
(HWTR) maintains a webpage to assist with the identification of potential
dangerous wastes and appropriate management and disposal. The NPDES
Construction Stormwater General Permiit from the Washington State
Department of Ecology is required if there is a potential for stormwater
discharge from a construction site with disturbed ground. This permit
requires that the SEPA checklist fully disclose anticipated activities
including building, road construction and utility placements. Obtaining a
permit is a minimum of a 38 day process, and may take up to 60 days if the
original SEPA does not disclose all proposed activities. The permit requires
that a Stormwater Pollution Prevention Plan (Erosion Sediment Control
Plan) is prepared and implemented for all permitted construction sites.
These control measures must be able to prevent soil from being carried into
surface water (this includes storm drains) by stormwater runoff. Permit
Richard Ehlers 11
Expansion of Medical Office
724 North 34 Avenue
RZ #010-11; CL3 #005-11
coverage and erosion control measures must be in place prior to any
clearing, grading or construction. Based upon the historic agricultural use
of this land, there is a possibility the soil contains residual concentrations of
pesticides. Ecology recommends that the soils be sampled and analyzed for
lead and arsenic and for organochlorine pesticides. If these contaminants
are found at concentrations above the MTCA clean -up levels, Ecology
recommends that potential buyers be notified of their occurrence.
(b) The development standards which apply within the R -3 zoning
district are as follows:
(i) Parking: The proposed new building is 5,275 square feet in
floor area. The existing building and new building will have a total of
10,275 square feet. The parking standard for professional offices is one
space for every 200 square feet of gross floor area. Based upon this
standard the total number of parking spaces required is 51, but the
applicant's site plan provides for 64 spaces which exceeds the standard by
13 spaces.
(ii) Sightscreening/Landscaping of Parking Areas: Based upon
existing land uses and a strict application of the sitescreening standards of
Chapter 15.07 set forth in YMC 15.07.040, sitescreening standard "A" is
required to be constructed around all but the south property line of the
merged parcels. However, YMC 15.06.090(F) requires that "every parking
area that abuts property in any residential district shall be separated from
such property by a solid wall, view - obscuring fence, landscaped berm, or
compact evergreen hedge at least six feet in height." Therefore, based upon
a combined application of both standards, the applicant may apply either
sitescreening standard "B" or "C" along the north, east and west property
lines of the two parcels which are now merged into a single parcel,
Assessor's Parcel Number 181315 - 41500. The access easement shown on
the applicant's site plan along the north side of 804 North 34 Avenue,
which is Assessor's Parcel No. 181315- 41428, shall not be utilized to
access this development. The new parking lot shall be landscaped and
lighted in accordance with YMC 15.06.090, and 15.06.100. Although
parking lots for three or more vehicles are required to be paved in
accordance with YMC 15.06.110(A), if the City Council approves the
applicant's rezone request so as to allow for the proposed new parking area,
Richard Ehlers 12
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11
the applicant may in accordance with YMC 15.06.120 and 15.12.070(D)
then temporarily utilize the proposed parking area shown on the approved
site plan for up to six months from the date of the City Council's approval
even though it may not be immediately paved due to the closure of local
asphalt plants during winter months.
(iii) Setbacks: All proposed building setbacks comply with zoning
ordinance standards.
(iv) Signage: No signs are indicated on the site plan, but any signs
will have to comply with the zoning ordinance requirements.
(v) Lot coverage: According to the site plan, lot coverage is 75 %.
Lot coverage of 80% is permitted in the R -3 zoning district.
XI. Consistency of the . Proposed Use with Development Regulations
and the Comprehensive Plan under the Criteria Required by YMC
16.06.020E is determined by consideration of the following factors:
(1) The types of land uses permitted at the site include the proposed
medical office use which is allowed as a Class (3) use in the R -3 zone where, as
here, it satisfies the criteria for approval of a rezone from the R -2 zone to the R -3
zone and the criteria for approval of a Class (3) use.
(2) The density of residential development and the level of development
such as units per acre would allow for approval of the requested rezone and Class
(3) use. The proposed use of the property is less dense than allowed in the R -3
zone. Lot coverage will be 75% in an R -3 zone that allows 80% lot coverage.
(3) The availability and adequacy of infrastructure and public facilities
is not an issue here since adequate public utility services and adequate access via
two streets having reserve capacity are available.
(4) The characteristics of the development are consistent with the
development regulations :and comprehensive plan considerations as discussed in
detail above. The proposed zoning is a natural extension of the R -3 zoning that
presently exists to the south where the existing medical facility is located and
further to the south where assisted living facilities are located. The proposed use
Richard Ehlers 13
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11
will be an expansion of an attractive development and it will provide sitescreening
from residential uses. It will comply with all development regulations without the
need for adjustments.
CONCLUSIONS
Based upon the foregoing Findings, the Hearing Examiner reaches the following
Conclusions:
(1) The Hearing Examiner has jurisdiction to recommend approval of the
requested project rezone from R -2 to R -3 to allow for approval of a medical office
use, and to approve said Class (3) medical office use if the requested rezone is
granted, where all of the criteria for approval of said requested rezone and of said
Class (3) use are satisfied.
(2) Public notice for the December 16, 2011, open record public hearing
was provided in accordance with zoning ordinance requirements.
(3) A SEPA Determination of Nonsignificance (DNS) for this proposed
project was issued on November 18, 2011, and has become final with no appeal
being filed.
(4) Traffic Concurrency review indicated that this development will not
exceed the PM peak hour capacity of the City arterial street system and that
reserve capacity exists on all impacted streets.
(5) The proposed use is compliant and compatible with the future land use
map III -3, with the land use compatibility Table III -11 and with the goals and
policies of the City's 2025 Yakima Urban Area Comprehensive Plan.
(6) R -3 zoning is permitted within the moderate- density residential future
land use designation of the Comprehensive Plan in appropriate locations where, as
here, it will be compatible with residential uses.
(7) There has been an increased demand for eye care services within the
area that support the proposed project rezone.
Richard Ehlers 14
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11
}
(8) The proposed use is less dense than the maximum lot coverage allowed
in the R -3 zoning district; it is allowed as a Class (3) use in that zoning district;
and it is compliant and compatible with the intent and development standards of
that zoning district.
(9) Approval of this project rezone and Class (3) use master application
will result in public benefits which include increased investment and tax base
resulting from the improvement of the property, increased availability of medical
services near assisted living facilities and residential areas, increased employment
opportunities, increased aesthetic features, and increased buffers for residential
( areas.
(10) This master application satisfies all of the criteria prescribed by the
City's zoning ordinance for approval by the Yakima City Council of a project
rezone from the R -2 to the R -3 zoning district so as to allow for approval of a
medical office use, and this master application also satisfies all of the criteria
prescribed by the City's zoning ordinance for the Hearing Examiner's approval of
a Class (3) medical office use if the requested rezone is granted by the Yakima
City Council.
(11) This request for a rezone and approval of a Class (3) use complies
with the YMC 16.06.020(B) requirements for making a Determination of
Consistency.
RECOMMENDATION AND DECISION
The Hearing Examiner recommends to the Yakima City Council that this
master application for a project rezone from the R -2 zone to the R -3 zone to . allow
for construction of a 5,275- square -foot medical office building with 40 parking
spaces be APPROVED,' and the Hearing Examiner also APPROVES said Class
(3) medical office use if the requested rezone is granted, subject to the following
conditions:
Richard Ehlers 15
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11
(1) The applicant shall apply either site screening standard "B" or "C" set
forth in YMC 15.07.040 along the north, east and west property lines of the two
parcels which have been merged into Assessor's Parcel Number 181315- 41500.
(2) The applicant shall not utilize the access easement shown on the site
plan along the north side of Assessor's Parcel No. 181315 -41428 at 804 North 34
Avenue for ingress to or egress from any portion of the existing or expanded
medical office facility.
(3) The new 40 -stall parking lot shall be landscaped and lighted in
accordance with YMC 15.06.090 and 15.06.100.
(4) The new 40 -stall parking lot shall be paved in accordance with YMC
15.06.110(A). If the City Council approves the applicant's rezone request so as to
allow for the proposed new parking area, the applicant may in accordance with
YMC 15.06.120 and 15.12.070(D) then temporarily utilize the proposed parking
area shown on the approved site plan for up to six months from the date of the
City Council's approval even though it may riot be immediately paved due to the
closure of local asphalt plants during winter months.
(5) The owner is required to submit civil engineering plans for all
engineering improvements required under Title 12 for review and acceptance by
the City of Yakima Engineer.
(6) The applicant shall extend the curb, gutter and sidewalk along
Powerhouse Road from the existing entrance to the west corner of the property
and otherwise as required by Title 12.
(7) The applicant shall install a street light at the intersection of North 34
Avenue and Powerhouse Road per Title 12.
(8) All construction shall meet the requirements of the City of Yakima
standard plans and specifications and are subject to final approval by the City of
Yakima Engineer.
(9) Complete stormwater design plans, specifications and runoff/storage
calculations supporting the stormwater design are required pursuant to the Eastern
Washington Stormwater Manual and City of Yakima standards. These plans and
control measures must be completed by a licensed Professional Engineer and then
be reviewed and approved by the City of Yakima Surface Water Engineer prior to
construction.
Richard Ehlers 16
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11
6 !
(10) If UIC wells are used in the drainage design, the UIC wells shall be
registered with DOE and a copy of the DOE U][C well registration form with a
Professional Engineer's stamp and signature for each well shall be delivered to the
City of Yakima's Surface Water Engineer before final project approval shall be
granted.
(11) The building plans for this site shall be required to be stamped by a
licensed structural engineer or architect due to the size of the building, and all
structural calculations shall be submitted for review along with the building plans.
(12) The two buildings shall be separated with a 2 -hour fire -rated wall
assembly with 90- minute rated openings.
(13) A new fire hydrant shall be installed at the intersection of North 34
Avenue and Powerhouse Road to provide adequate fire -flow for this development.
(14) The proponent shall file with the Yakima Regional Clean Air Agency
a site dust control plan to address demolition, site preparation, construction and
landscaping. The proponent shall also be required to conduct an asbestos survey
for the structure scheduled for demolition.
(15) The applicant shall so locate the expanded medical center improve -
4 ments and/or relocate the existing sloped, gravity -flow irrigation waterline which
crosses the property being developed in a manner that does not interfere with the
continued provision of irrigation water to the property at 804 North 34 Avenue,
Assessor's Tax Parcel No. 181315- 41428, in the way that it has been historically
served and leaves the irrigation waterline as accessible as possible for future
repairs by the owner(s) of the property it serves.
(16) A final site plan shall be required showing any changes or conditions
that are required by the City Council rezone decision and by this Class (3) use
decision.
DATED this 3rd day of January, 2012.
Gary M ?uillier, Hearing Examiner
Richard Ehlers 17
Expansion of Medical Office
724 North 34 Avenue
RZ #010 -11; CL3 #005 -11
riyY u
2ri ➢j ,•.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. CQ
For Meeting of: February 7, 2012
ITEM TITLE: Closed Record Public Hearing and Ordinance to consider the Hearing
Examiner's recommendation on a project specific rezone requested by
Richard Ehlers located at 724 N. 34th Avenue
SUBMITTED BY: Jeff Peters, Associate Planner
Joan Davenport, Planning Manager
CONTACT PERSON/TELEPHONE: Jeff Peters, Associate Planner (509) 575 -6163
SUMMARY EXPLANATION:
Closed Record Public hearing to consider the Hearing Examiner's recommendation to approve the rezone request by
Richard Ehlers to rezone two parcel from R -1, Single - Family Residential to R -3, Multi - Family Residential to allow the
expansion of the applicant's business. This rezone affects property located at 724 N. 34th Avenue (Tax Parcel
Numbers: 181315 -41429 & 181315 -41430 to be merged), Yakima.
Resolution
Contract:
Contract Term:
Insurance Required? No
Funding Source:
APPROVED FOR
SUBMITTAL:
Ordinance X
Mail to:
Amount:
Other (specify)
Expiration Date:
Phone:
City Manager
STAFF RECOMMENDATION:
Uphold the Hearing Examiner's recommendation and pass the accompanying ordinance.
BOARD /COMMISSION RECOMMENDATION:
The Hearing Examiner recommended approval of this rezone application subject to conditions on January 3, 2012.
ATTACHMENTS:
Click to download
D Rezone Ordinance - Ehlers
O Hearing Examiner Recommendation and Decision Ehlers
F-1 Complete Record - Ehlers
Vicinity Map for RZ 4010 -11, SEPA #038 -11
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City of Yakima, Washington
Subject Area Site
File Number
R7#010 -11, SEPA #038 -11
Applicant
Richard Ehlers
Property Notification Area
Request.
Rezone one parcel from R -2 (Two - Family
Residential) to R -3 (Multi - Family Residential)
for the expansion of medical office building.
NOTIFICATION OF
Location
724 North 34th Avenue
LAND USE APPLICATION
Parcel Number(s)
18131541430
Contact city of Yakima Planning Division at 509 -575 -6183
i.
City of Yakima - Geographic Information Services - Thursday, September 08, 2011
Map Disclaimer Information shown on this map is for planning and illustration purposes only The City of Yakima assumes
no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not
taken by the user in reliance upon any maps or information provided herein MC
D.
INDEX
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