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HomeMy WebLinkAbout06/16/2009 08A Tate Rezone Closed Record Public Hearing • US9NC =SS OF THE CCTV COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. g A For Meeting of: June 16, 2009 ITEM TITLE: Closed Record public hearing and consideration of an Ordinance approving the Hearing Examiner's recommendation on a rezone request by John and Patricia Tate to rezone property located at 420 S. 32nd Avenue, Yakima, WA, from R -1 to R -2. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Kevin Futrell, Assistant Planner, 509- 575 -6164 SUMMARY EXPLANATION: "Closed Record" public hearing to consider the Hearing Examiner's recommendation to conditionally approve a request by John and Patricia Tate to rezone a parcel of land, approximately 0.16 acres in size, from Single- Family Residential (R -1) to Two - Family Residential (R -2). A transitional care facility is being proposed with this rezone request. As a separate item, the Council will consider the recommended Development • Agreement in an open record hearing. On April 9, 2009, the Hearing Examiner held an "Open Record" public hearing to consider the rezone application and the proposed transitional care facility. On May 15, 2009, the Hearing Examiner issued his recommendation to conditionally approve the rezone request subject to a development agreement. Resolution Ordinance X Contract Other (Specify) Funding Source Approval For Submittal: City Manager I I STAFF RECOM'. ENDATION: Staff recommends that the Hearing Examiner's recommendation be accepted and adopt the attached Ordinance to implement the Rezone of 420 S. 32nd Avenue from R -1 to R -2. :OARD RECOMMENDATION: On May 15, 2009, the Hearing Examiner recommended that the rezone be conditionally approved. COUNCIL ACTION: • 0 ORDINANCE NO. 2009- AN ORDINANCE relating to land use regulation and zoning; conditionally rezoning a parcel of property located at 420 S. 32nd Avenue, Yakima, Washington from Single- Family Residential (R -1) to Two - Family Residential (R -2) as more fully described herein; and approving the recommendation of the Hearing Examiner regarding the same; John and Patricia Tate being identified as the applicants herein. WHEREAS, by application dated February 10, 2009, John and Patricia Tate requested that the City of Yakima rezone Yakima County Assessor's Parcel No. 181322- 4405.1, located at 420 S. 32nd Avenue, Yakima, Washington (hereinafter "Subject Property "), from R -1 to R -2; and WHEREAS, on April 9, 2009, the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested rezone; and WHEREAS, on May 15, 2009, the Hearing Examiner issued Hearing Examiner's Recommendation (the "Recommendation ") regarding RZ# 001 -09 recommending that the Subject Property be conditionally rezoned from R -1 to R -2; and WHEREAS, at a closed- record public hearing held on June 16, 2009, the City Council considered the requested rezone, including the documents and other evidence which comprise • the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and . WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of YMC 15.23.030(E) and 15.15.040(E) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone, Now Therefore Be It Ordained By The City Of Yakima, City Council: Section 1. The property located at 420 S. 32nd Avenue, Yakima, Washington (Yakima County Assessor's Parcel No. 181322- 44051), legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby conditionally rezoned from R -1 to R -2. Section 2. The findings within the Recommendation (RZ# 001 -09) regarding this conditional rezone are hereby adopted by the City Council as its findings in support hereof pursuant to YMC 15.23.030(F), and are incorporated herein by this reference as if fully set forth herein. Section 3. The Official Yakima Urban Area Zoning Map and all other zoning, land use, and other similar maps maintained by the City of Yakima shall be amended or modified to reflect this conditional rezone. Section 4. If any section, subsection, paragraph, sentence, clause, or phrase of this 0 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 at a regular meeting and signed and approved this 16th day of June, 2009. /s/ David Edler David Edler, Mayor ATTEST: /s/ Deborah Moore City Clerk Publication Date: Effective Date: O a 2 EXHIBIT "A" LEGAL DESCRIPTION: That portion of the Southeast % of the .Southeast'/ of the Southeast % of Section 22, Township 13 North, Range 18, E.W.M., hereafter called "said subdivision", described as follows; Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said subdivision; thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of beginning; thence North 89 °50' West 223:5 feet, more or less, to a point 90 feet East of the North and South center line of said subdivision thence South along the line 90 feet East of and parallel to the said center line 98.5 feet to the North line of Tieton Drive; thence East 223.5 feet to the West line of Grandview Avenue; .thence North along the West line of said Avenue 98 feet to the true point of beginning, EXCEPT the West 42 feet, EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25, 1964, under Auditor's File No. 2000604, AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded December 2, 1991, . under Auditor's File No. 2943047 PARCEL NUMBER 181322 -44051 • 3 pc 09 3os BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8 A For Meeting of: June 16, 2009 ITEM TITLE: Closed Record public hearing and consideration of an Ordinance approving the Hearing Examiner's recommendation on a rezone request by John and Patricia Tate to rezone property located at 420 S. 32nd Avenue, Yakima, WA, from R -1 to R -2. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Kevin Futrell, Assistant Planner, 509 - 575 -6164 SUMMARY EXPLANATION: "Closed Record" public hearing to consider the Hearing Examiner's recommendation to conditionally approve a request by John and Patricia Tate to rezone a parcel of land, approximately 0.16 acres in size, from Single - Family Residential (R -1) to Two - Family Residential (R -2). A transitional care facility is being proposed with this rezone request. As a separate item, the Council will consider the recommended Development Agreement in an open record hearing. On April 9, 2009, the Hearing Examiner held an "Open Record" public hearing to consider the rezone application and the proposed transitional care facility. On May 15, 2009, the Hearing Examiner issued his recommendation to conditionally approve the rezone request subject to a development agreement. Resolution Ordinance X Contract Other (Specify) Funding Source Approval For Submittal: City Manager STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner's recommendation be accepted and adopt the attached Ordinance to implement the Rezone of 420 S. 32nd Avenue from R -1 to R -2. BOARD RECOMMENDATION: On May 15, 2009, the Hearing Examiner recommended that the rezone be conditionally approved. COUNCIL ACTION: ORDINANCE NO. 2009 - AN ORDINANCE relating to land use regulation and zoning; conditionally rezoning a parcel of property located at 420 S. 32nd Avenue, Yakima, Washington from Single- ` Family Residential (R -1) to Two - Family Residential (R -2) as more fully described herein; and approving the recommendation of the Hearing Examiner regarding the same; John and Patricia Tate being identified as the applicants herein. WHEREAS, by application dated February 10, 2009, John and Patricia Tate requested that the City of Yakima rezone Yakima County Assessor's Parcel No. 181322- 4405.1, located at 420 S. 32nd Avenue, Yakima, Washington (hereinafter "Subject Property "), from R -1 to R -2; and WHEREAS, on April 9, 2009, the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested rezone; and WHEREAS, on May 15, 2009, the Hearing Examiner issued Hearing Examiner's Recommendation (the "Recommendation ") regarding RZ# 001 -09 recommending that the Subject Property be conditionally rezoned from R -1 to R -2; and WHEREAS, at a closed- record public hearing held on June 16, 2009, the City Council considered the requested rezone, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of YMC 15.23.030(E) and 15.15.040(E) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone, Now Therefore Be It Ordained By The City Of Yakima, City Council: Section 1. The property located at 420 S. 32nd Avenue, Yakima, Washington (Yakima County Assessor's Parcel No. 181322- 44051), legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby conditionally rezoned from R -1 to R -2. Section 2. The findings within the Recommendation (RZ# 001 -09) regarding this conditional rezone are hereby adopted by the City Council as its findings in support hereof pursuant to YMC 15.23.030(F), and are incorporated herein by this reference as if fully set forth herein. Section 3. The Official Yakima Urban Area Zoning Map and all other zoning, land use, and other similar maps maintained by the City of Yakima shall be amended or modified to reflect this conditional rezone. Section 4. 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 at a regular meeting and signed and approved this 16th day of June, 2009. /s/ David Edler David Edler, Mayor ATTEST: /s/ Deborah Moore City Clerk Publication Date: Effective Date: 2 EXHIBIT_ "A " .. LEGAL DESCRIPTION: That portion of the Southeast 1 /.i of the Southeast 1 /< of the Southeast'/ of Section 22, Township 13 North, Range 18, E.W.M., hereafter called "said subdivision ", described as follows; Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said subdivision; thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of beginning; thence North 89 °50' West 223.5 feet, more or less, to a point 90 feet East of the North and South center line of said subdivision thence South along the line 90 feet East of and parallel to the said center line 98.5 feet to the North line of Tieton Drive; thence East 223.5 feet to the West line of Grandview Avenue; .thence North along the West line of said Avenue 98 feet to the true point of beginning, EXCEPT the West 42 feet, EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25, 1964, under Auditor's File No. 2000604, AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded December 2, 1991, under Auditor's File No. 2943047 PARCEL NUMBER 181322 -44051 3 JOHN AND PATRICIA TATE RZ #001 -09, CL3 #005 -09, SEPA #004 -09 City Council Closed Record Public Hearing for Rezone June 16, 2009 EXHIBIT LIST Applicant: John and Patricia Tate File Number: RZ #001 -09, CL3 #005 -09, SEPA #004 -09 Site Address: 420 South 32 Avenue Staff Contact: Kevin Futrell, Assistant Planner Table of Contents CHAPTER AA Proposed Ordinance CHAPTER BB Hearing Examiner's Recommendation and Development Agreement CHAPTER A Staff Report CHAPTER B Site Plan CHAPTER C Maps CHAPTER D DST (Development Services Team) Comments CHAPTER E SEPA Checklist CHAPTER F Application CHAPTER G Public Notices CHAPTER H Public Comments JOHN AND PATRICIA TATE RZ #001 -09, CL3 #005 -09, SEPA #004 -09 EXHIBIT LIST CHAPTER AA PROPOSED ORDINANCE ' DOCUMENT" DATE ,11 \DEX�# i,` '. j-s .Fr °n i t; to fs' 1 «t" ^ ` J �3£ r "'5 4w :' �, � ,7 !; * �+'*C ;t :eft . �„ e q �- e ��+ 4 r ,. ?a r ;�, r`m°' "' 2 --1 �; rte.. s, _ .'fit.. ,. >. a �, *s"' ... �.._rt�.�. a n 4fi„ .+.0'. .�4i. ,b AA -1 Proposed Ordinance for Adoption by City Council 06/16/2009 AA -2 Agenda Statement: City Council Closed Record Public 06/16/2009 Hearing BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. A For Meeting of: June 16, 2009 Item Title: "Closed Record" public hearing to consider the Hearing Examiner's recommendation on a rezone request by John and Patricia Tate to rezone property located at 420 S. 32nd Avenue, Yakima, WA, from R -1 to R -2. Submitted By: William Cook, Director of Community & Economic Development Contact Person /Telephone: Kevin Futrell, Assistant Planner, 509 - 575 -6164 Summary Explanation: "Closed Record" public hearing to consider the Hearing Examiner's recommendation to conditionally approve a request by John and Patricia Tate to rezone a parcel of land, approximately 0.16 acres in size, from Single - Family Residential (R -1) to Two - Family Residential (R -2). A transitional care facility is being proposed with this rezone request. As a separate item, the Council will consider the recommended Development Agreement in an open record hearing. On April 9, 2009, the Hearing Examiner held an "Open Record" public hearing to consider the rezone application and the proposed transitional care facility. On May 15, 2009, the Hearing Examiner issued his recommendation to conditionally approve the rezone request subject to a development agreement. • Resolution Ordinance X Contract Other (Specify) Funding Source Approval For Submittal: City Manager Staff Recommendation: Staff recommends that the Hearing Examiner's recommendation be accepted and adopt the attached Ordinance to implement the Rezone of 420 S. 32nd Avenue from R -1 to R -2. Board Recommendation: On May 15, 2009, the Hearing Examiner recommended that the rezone be conditionally approved. Council Action: • DOC. INDEX # AA -a ORDINANCE NO. 2009 - AN ORDINANCE relating to land use regulation and zoning; conditionally rezoning a parcel of property located at 420 S. 32nd Avenue, Yakima, Washington from Single - Family Residential (R -1) to Two - Family Residential (R -2) as more fully described herein; and approving the recommendation of the Hearing Examiner regarding the same; John and Patricia Tate being identified as the applicants herein. WHEREAS, by application dated February 10, 2009, John and Patricia Tate requested that the City of Yakima rezone Yakima County Assessor's Parcel No. 181322- 44051, located at 420 S. 32nd Avenue, Yakima, Washington (hereinafter "Property "), from R -1 to R -2; and WHEREAS, on April 9, 2009, the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested rezone; and WHEREAS, on May 15, 2009, the Hearing Examiner issued Hearing Examiner's Recommendation (the "Recommendation ") regarding RZ# 001 -09 recommending that the Property be conditionally rezoned from R -1 to R -2; and WHEREAS, at a closed- record public hearing held on June 16, 2009, the City Council considered the requested rezone, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of YMC 15.23.030(E) and 15.15.040(E) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone including the requirement for a development agreement (see Resolution # R -2009- ), Now Therefore Be It Ordained By The City Of Yakima, City Council: Section 1. The property located at 420 S. 32nd Avenue, Yakima, Washington (Yakima County Assessor's Parcel No. 181322 - 44051), legally described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby conditionally rezoned from R -1 to 13-2. Section 2. The findings within the Recommendation (RZ# 001 -09) regarding this conditional rezone are hereby adopted by the City Council as its findings in support hereof pursuant to YMC 15.23.030(F), and are incorporated herein by this reference as if fully set forth herein. Section 3. The Official Yakima Urban Area Zoning Map and all other zoning, land use, and other similar maps maintained by the City of Yakima shall be amended or modified to reflect this conditional rezone. DOC. INDEX # AA Section 4. 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 at a regular meeting and signed and approved this 16th day of June, 2009. • /s/ David Edler David Edler, Mayor ATTEST: /s/ Deborah Moore City Clerk Publication Date: Effective Date: DOC. 2 INDEX # -I EXHIBIT "A" LEGAL DESCRIPTION: • That portion of the Southeast Y4 of the Southeast 1 /4 of the Southeast % of Section 22, Township 13 North, Range 18, E.W.M., hereafter called said subdivision ", described as follows; Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said subdivision; thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of beginning; thence North 89 °50' West 223.5 feet, more or less, to a point 90 feet East of the North and South center line of said subdivision thence South along the line 90 feet East of and parallel to the said center line 98.5 feet to the North line of Tieton Drive; thence East 223.5 feet to the West line of Grandview Avenue; thence North along the West line of said Avenue 98 feet to the true point of beginning, EXCEPT the West 42 feet, EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25, 1964, under Auditor's File No. 2000604, AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded December 2, 1991, under Auditor's File No. 2943047 PARCEL NUMBER 181322 -44051 DOC. 3 INDEX # AA - JOHN AND PATRICIA TATE RZ #001 -09, CL3 #005 -09, SEPA #004 -09 EXHIBIT LIST CHAPTER BB Hearing Examiner Recommendation and Development Agreement • , k DOC • �< x �DOCUIVIENT` DATE 4 BB -1 Development Agreement 05/15/2009 BB -2 Hearing Examiner's Recommendation 05/15/2009 • • RECEIVED MAY 1 5 2009 CITY OF YAKIMA PLANNING DIV. , City of Yakima, Washington Hearing Examiner's Recommendation and Decision • May 15, 2009 In the Matter of a Rezone and Class (3) ) Use Application Submitted by: ) ) RZ #001 -09 John and Patricia Tate ) CL(3) #005 -09 ) SEPA #004 -09 To Rezone a Parcel at 420 South 32nd ) Avenue from the R -1 to the R -2 Zoning ) District and to Establish a Class (3) ) Transitional Medical Care Facility for ) Up to Five Children up to 18 Years Old ) Introduction. The procedural aspects of this application are as follows: (1) The Hearing Examiner conducted a public hearing on April 9, 2009. (2) Testimony in favor of the application was presented by Assistant Planner Kevin Futrell, by applicants John and Patricia Tate, and by resident Philip Steele. (3) Testimony m opposition to approval of the application as submitted was presented by members of the Barge - Chestnut Neighborhood Association's land use committee, Gary Forrest and Ralph Call, and by a member of the City's and the Association's historical committees, Jenifer Wilde McMurtrie. (4) The testimony and letter from the Barge - Chestnut Neighborhood Association members indicated that they could live with the proposed rezone and transitional medical John and Patricia Tate 1 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32n Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED • MAY 15 2009 CITY OF YAKIMA PLANNING DIV" care facility use if a properly drafted development agreement were adopted by an ordinance that would return the zoning to the Single - Family Residential (R -1) zone if the applicant's proposed transitional medical care facility changes, fails or is sold. They referred to a development agreement to that effect adopted in 2001 for the adjacent residence to the east by City Ordinance 2001 -65 as a condition of rezone RZ 5 -01. (5) Mrs. Tate indicated that she would have no problem with the zoning going back to R -1 if the proposed use is changed in the future. (6) The Examiner therefore left the record open for receipt of any information that Mr. Futrell might wish to submit along those lines to supplement his staff report. (7) On May 1, 2009, Mr. Futrell submitted Staff Comments to the Hearing Examiner which recommended a conditional rezone subject to the terms of an attached Development Agreement patterned after the development agreement adopted by City Ordinance 2001 -65. Those comments and that proposed Development Agreement will be included as additional exhibits in the record of this matter. That proposed Development Agreement is attached to this recommendation and decision for ease of reference. (8) The Examiner recommends the Development Agreement submitted by Mr. Futrell be a condition of the rezone and includes compliance with that agreement as a condition of the Class (3) use for the reasons which are detailed in Mr. Futrell's staff report. This recommendation and decision have been issued within ten business days of receipt of those comments and that proposed Development Agreement on May 1, 2009. Summary of Recommendation and Decision. The Examiner (i) recommends approval by the Yakima. City Council of a conditional rezone from the Single- Family Residential (R -1) zoning district to the Two - Family Residential (R -2) zoning district subject to the terms of the proposed Development Agreement; and (ii) approves the proposed Class (3) use of a transitional medical care facility for up to five children no older than eighteen years of age subject to Mr. Futrell's recommended conditions and contingent upon the City Council's approval of the requested rezone. John and Patricia Tate 2 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32 ° Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVE® MAY 1 5 2009 CITY OF YAKIMA PLANNING DIV Basis for Recommendation and Decision. Based upon a view of the site without anyone else present on April 7, 2009; the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing on April 9, 2009; the comments and proposed Development Agreement provided by Mr. Futrell on May 1, 2009; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Examiner makes the following: FINDINGS I. Applicants/Property Owners. The applicants and property owners are John and Patricia Tate, 11 North 59 Avenue, Yakima, Washington. II. Location. The location of the requested rezone is 420 South 32n Avenue, Yakima, Washington. The parcel number is 181322 - 44051. III. Application. This is an application to rezone a parcel from the R -1 to the R -2 zoning district and to approve a transitional medical care facility for up to five children no older than 18 years of age on the parcel. The parcel is located on the northwest corner of Tieton Drive and South 32 Avenue at 420 South 32 Avenue. The parcel presently contains a single - family residence that would be used for the transitional care facility. This is a project rezone request because the application requests approval of a specific use for the parcel which can be allowed with Class (3) use approval in an R -2 zoning district and which cannot be allowed in an R -1 zoning district. John and Patricia Tate 3 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32n Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED MAY 15 2009 CITY OF YAKIMA PLANNING DM IV. Notices. Notices of the April 9, 2009, public hearing and the SEPA environmental review process were provided in the following manners: Posting of a land use action sign on the property: February 24, 2009 Mailing of notice of application, SEPA review & hearing: February 25, 2009 Publishing of said notice in Yakima Herald - Republic: February 25, 2009 Mailing and publishing of SEPA DNS: March 20, 2009 V. State Environmental Policy Act. A Determination of Nonsignificance (DNS) was issued by the City of Yakima for the requested rezone on March 20, 2009. No appeal was filed during the SEPA appeal period which expired on April 3, 2009. The requested Class (3) use is exempt from environmental review under the City's flexible threshold for SEPA review. . VI. Transportation Capacity Management Ordinance. This proposal is an exempt activity under the Transportation Capacity Management Ordinance. Any redevelopment of the site may require a traffic concurrency review. VII. Current Zoning and Land Uses. The parcel is zoned Single - Family Residential (R -1) and is used for a single- family residence. Characteristics of adjacent properties are: Location Zoning Land Use North R -1 Single- Family Dwelling South R -1 Single- Family Dwelling West R -1 Single - Family Dwelling East B -1 (limited) Coffee Shop/Professional Office/Massage Therapy John and Patricia Tate 4 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32n Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED MAY 1- 5 2009 CITY OF YAKIM PLP.NWIa D1'1. VIII. Summary of the Main Points of the Testimony at the Hearing and of the Information submitted after the Hearing before the Record was Closed. The main points of the testimony presented at the hearing and the information relative to the proposed Development Agreement submitted after the hearing are as follows: (1) Assistant Planner Kevin Futrell presented his staff report recommending approval of this application for a rezone of the parcel at 420 South 32 Avenue from the Single- Family Residential (R -1) to the Two - Family Residential (R -2) zoning district and for approval of the proposed transitional care facility which is a Class (3) use in the R -2 zoning district. (2) Applicant Patricia Tate testified that there is a need for a facility that provides temporary 24 -hour care for medically fragile children between the time they are released from the hospital and the time they are returned to the home because there are not enough nurses to provide all of those children with 24 -hour care at their homes; that the impact on the neighborhood would be less than the impact that some uses of a single- family residence would have on the neighborhood; and that she would have no problem with the R -2 zone reverting back to the R -1 zone if the proposed use is changed. (3) Applicant John Tate indicated that the exterior of the existing single - family residence will not be changed except for the addition of a handicap - accessible door and ramp and the removal of the garage to make room for off - street parking; that the most significant noise will be the lawnmower once or twice a week that would also exist for a single- family residential use; that typical residential lighting will be utilized; and that the use cannot be provided for more than five children at a time because then the International Building Code would classify it as an institution that would not work in a residence. (4) In opposition to the rezone, Gary Forrest read a letter dated April 9, 2009, from the Barge - Chestnut Neighborhood Association Land Use Committee which is in the record. It indicates that the existing R -1 zoning classification is consistent with the Comprehensive Plan goals to preserve and restore existing neighborhoods and the policy to maintain and preserve the existing single - family neighborhoods of northeast, southeast and Barge - Chestnut areas of the City; that the Barge - Chestnut area's architecture and historical contributions to the City are the reasons it has been singled out for protection; John and Patricia Tate 5 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32n Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED MAY .1 5 2009 CITY OF YAKIMA P! r NNINrI DIV. that the proposed facility can be located elsewhere where a rezone is not required because it is not tied to or sponsored by the nearby hospital; that the R -2 zoning district would no longer afford the surrounding R -1 single - family neighborhood with the highest level of protection from other uses because in the R -2 zoning district Class (1) permitted uses include duplexes and Class (2) generally permitted uses include multi- family dwellings, churches, synagogues, temples, community centers, meeting halls and fraternal organizations; that alternatively the Barge - Chestnut Neighborhood Association could live with an ordinance allowing the rezone subject to a development agreement similar to the agreement adopted by City Ordinance 2001 -65 that would protect the neighborhood by requiring the parcel to revert back to R -1 zoning if the applicants' business changes, fails or is sold in the future. (5) Ralph Call agreed with the letter read by Mr. Forrest. He added that the requested rezone would set a terrible precedent for the neighborhood because other homes in the area could similarly satisfy the stated reasons for the rezone; that the rezone to R -2 would be permanent, but the business may not be; that the proposed use is not compatible with the area because it is outside the institutional overlay zone developed over many years for the Yakima Valley Memorial Hospital campus; that the conditional rezone of the adjacent property was controversial and was supposed to be a one -time event; and that there have been no other rezones from R -1 to R -2 in the Barge - Chestnut neighborhood in the last 20 years. (6) Jenifer Wilde McMurtrie testified that the proposed use is a good idea, but not in a home that is architecturally significant in an area that contains a historic residential neighborhood. (7) Philip Steele testified that the application should be approved because there will be no change to the exterior appearance of the residence, and its historical character will be preserved by the proposed use. (8) After some discussion as to the willingness of the applicants and the Barge - Chestnut Neighborhood Association to agree upon a development agreement similar to the agreement approved for the adjacent property to the east, the Examiner left the record open for any additional information that Mr. Futrell might want to submit on that possible approach and otherwise closed the hearing. (9) By means of a submittal dated May 1, 2009, Mr. Futrell submitted a proposed Development Agreement and the following additional comments for the record: John and Patricia Tate 6 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32n Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED MAY 1 5 2009 CITY OF YAKIMA PLANNING DIV. "In light of testimony received during the open record public hearing, staff encourages you to conditionally rezone the subject property in a way that the property would revert to Single - Family Residential zone in the event the Developer discontinues the business. The attached Development Agreement sets forth staff's recommendation on restricting the rezone. Within the City of Yakima, there has been only one rezone that was conditioned so that it would revert back to the original zoning (RZ #5 -01). The property that had this condition is located directly to the east of the subject property." The proposed Development Agreement is patterned after the development agreement recommended by former Hearing Examiner Philip Lamb in RZ 5 -01 and adopted by City — of Yakima Ordinance No. 2001 -65. It provides that the rezone is expressly conditioned on the terms of the agreement; that the approved uses and the site plan will not be materially modified, expanded or altered other than by a subsequent public process applicable to rezones and land use processes; that the parcel may only be used for a transitional care facility for up to five children no older than eighteen years of age which is within the Class (3) use category in an R -2 zone of "Convalescent, Nursing and Group Home" and for uses permitted in the R -1 zone; that the approved uses and Development Agreement are assignable only as a continuing business under the same conditions of approval and the same Development Agreement originally approved and only if the City of Yakima gives its prior written consent; that if the use is discontinued without being reestablished within 18 months or within any extended time period approved upon proper application, the zoning shall automatically revert back to the Single - Family Residential zoning designation; that the Development Agreement will be recorded and its terms shall constitute covenants running with the land that are binding upon successive owners or occupants of the subject property; and that the Development Agreement will be effective when the rezone and Class (3) use approvals become final without the possibility of any further or additional appeals. The entire proposed Development Agreement is attached to this recommendation and decision for ease of reference. IX. Rezone Review Criteria. Recommendations regarding rezone applications within the Yakima Urban Area must be based upon the following criteria specified in Subsection John and Patricia Tate 7 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32n Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED MAY 1 5 2009 CITY OF YAKIIVIA PLANNING DIV. 15.23.030(E) of the Urban Area Zoning Ordinance: (1) The testimony at the public hearing: The testimony at the hearing as summarized above ranged from testimony in favor of the requested rezone without any conditions to testimony in opposition to . the requested rezone under any circumstances. Since there is an interest in preserving the historical significance of the residence and the area, and since the applicants are willing to execute a development agreement that would limit the future use of the residence, a conditional rezone similar to the rezone approved in 2001 for the adjoining residence to the east seems to be the best way to resolve the conflicting interests expressed at the hearing. (2) The suitability of the property for uses permitted under the proposed zoning: The proposed transitional medical care facility for up to five children no older than 18 years of age would be suitable for the intended parcel in the sense that (i) it would be accessed from the minor arterial of Tieton Drive; (ii) any signage would be on that arterial; (iii) it would be conducted within an existing single - family residence without changing its external historic and architectural features except for addition of a handicap- accessible door and ramp; (iv) it is a needed medical- related use that would be located near other such uses; and (v) if it is conditioned upon the terms of a development agreement, there would be protection for the neighborhood against the encroachment of other potential R -2 uses into the Barge - Chestnut neighborhood by way of conditions similar to the conditions imposed on the rezone of the adjacent residential property. (3) Recommendations from interested agencies and departments: The only comments from agencies were standard comments related to the rezone's environmental review from the Yakima Regional Clean Air Agency and the Department of Ecology which were neither for nor against the requested rezone. The only department recommendation was the City Planning Division's recommendation in favor of the requested rezone. (4) The extent to which the proposed rezone is in compliance with and /or deviates from the goals, policies and intent of the Yakima Urban Area Comprehensive Plan: The Future Land Use Map III -3 of the Yakima Urban Area Comprehensive Plan 2025 designates this parcel as Low Density Residential. Although rezones are based on factors in addition to the Land Use Map, Table III -11 on page III -18 provides that R -2 zoning can be consistent with the Low Density Residential designation. John and Patricia Tate 8 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32 " Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX # ,3/3 r oZ RECEIVED MAY 15 2009 CITY OF YAKIMIM PLANNING DIV. That means that the requested rezone can be granted without the need for a Comprehensive Plan amendment. If the rezone is conditioned on a Development • Agreement that protects the neighborhood from a change to a different R -2 use than the use proposed, the rezone will be consistent with the goals, policies and intent of the Comprehensive Plan. For example, as conditioned, the proposed transitional medical care facility would be compatible with policies such as 3.14.1 to the effect that new institutions should be placed where they are compatible with surrounding land uses and 3.14.2 to the effect that access to institutions shall be from a principal arterial and should not increase traffic on local residential streets. The impact of the proposed use on the neighborhood will be the same as the impact of surrounding low density residential uses on the neighborhood. The proposed use will be conducted within the single - family residence which has existed on the parcel for many years and will preserve the historic and architectural qualities of the residence with only minor external alterations. (5) The adequacy of public facilities such as roads, sewer, water and other required public services: The subject parcel is currently served by adequate public facilities and services. (6) The compatibility of the proposed zone change and associated uses with neighboring land uses: The proposed rezone and Class (3) use will be compatible with neighboring land uses so long as the recommended Development Agreement protects the neighborhood from the possible encroachment of other R -2 uses in the future and so long as the proposed Class (3) use is conditioned in the manner recommended by Mr. Futrell. (7) The public need for the proposed change: There are few undeveloped two- family residential properties in the City other than the approximate 173 acres of Congdon property. Most of the R -2 properties are currently utilized for single - family, two- family, cemetery or mobile /manufactured home park uses. The Urban Area Comprehensive Plan 2025 states on page V -7 that the Urban Growth Area will need a total of 1,650 to 2,660 acres of vacant land designated for medium and high density residential uses to accommodate future growth. Redevelopable land for those uses could also be used to fill that need. X. Class (3) Review Criteria. The Hearing Examiner's findings and conclusions are required to set forth specific reasons and ordinance provisions demonstrating that his John and Patricia Tate 9 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32n Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED MAY I. 5 2009 CITY OF YAKIMA PLANNING DIV. decision satisfies the following requirements set forth in Subsections 15.04.020(C) and 15.15.040(E) of the Urban Area Zoning Ordinance: (1) Compliance and Compatibility with the Policies, Objectives and Development Criteria of the Comprehensive Plan. As noted above, the Future Land Use Map of the .Comprehensive Plan designates this area as being suitable for low density residential development. Table III -11 on page III -18 of the Comprehensive Plan states that R -2 zoning can be consistent with the Low Density Residential designation. With the recommended conditions, the proposed transitional care facility would be compliant and compatible with the policies, objectives and development criteria of the Comprehensive Plan such as, for example, policies 3.14.1 to the effect that new institutions should be placed where they are compatible with surrounding land uses and 3.14.2 to the effect that access to institutions shall be from a principal arterial and should not increase traffic on local residential streets. As previously stated, the impact of the proposed use on the neighborhood will be the same as the impact of surrounding low density residential uses on the neighborhood, and the proposed use will be conducted within the single- family residence on the parcel without adversely affecting its historic or architectural qualities. (2) Compliance and Compatibility with the Intent and Character of the Two - Family Residential (R -2) Zoning District. Subsection 15.03.030(C)(1) of the Urban Area Zoning Ordinance provides that the purpose of the Two - Family Residential (R -2) zoning district includes the intent to establish and preserve residential neighborhoods for detached single- family dwellings, duplexes and other uses compatible with the intent of this district. The proposed transitional medical care facility is within the definition of a Class (3) use in the R -2 zone listed in Table 4 -1 of Chapter 15.04 as "Convalescent, Nursing Homes and Group Homes." Section 15.02.020 defines a "Convalescent or Nursing Home" as "an establishment providing nursing, dietary, and other personal services to convalescents, invalids, or aged persons, but not mental cases and cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals." Single - family residences are permitted outright in the R -2 zoning district. The proposed use will be conducted within the existing single - family residence on the parcel without significant external modifications and with impacts on the neighborhood similar to the impacts of other single - family residences in the neighborhood. With Mr. John and Patricia Tate 10 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32 Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INQDEX DECEIVED MAY 5 2009 CITY OF YAKIMi PLANNING DIV. Futrell's recommended conditions, the proposed use will therefore be compliant and compatible with the intent and character of the R -2 zoning district. (3) Compliance with the Provisions and Standards Established in the Zoning Ordinance noted by the Development Services Team and Public Agencies. Applicable zoning ordinance provisions and development standards relative to the proposed transitional medical care facility include the following comments submitted by the Development Services Team which met on February 25, 2009, and also include the following comments submitted by several public agencies: (a) Code Administration: City Code Administration staff went through the structure with the property owner and asked that he renovate the bathroom on the main floor for handicap accessibility. There is a room on the first floor that could easily accommodate disabled parents of patients. The ramp will need to be constructed for the ease of getting patients, medical beds, and equipment inside the structure. This will also serve for accessibility for a disabled person. The applicant is installing a fire alarm system. Plan review, permits, and inspections are required prior to occupancy per IRC § 105. (b) Engineering: Engineering has no comments on the proposal. (c) Stormwater: The proposed additions at this residential property are below 5,000 square feet and it is not a high use site. There are no drainage requirements. (d) Wastewater: Wastewater has no wastewater - related comments regarding this proposal. (e) Water: There is an existing looped twelve -inch waterline in South 32n Avenue. There are existing looped six -inch and eight -inch waterlines in Tieton Drive. The site has a 3 /4 -inch water service and meter. The site is located in the mid -level pressure zone. Static pressure is approximately 61 -69 PSI. There is an existing fire hydrant located at the southeast corner of South 32n Avenue and Tieton Drive, and one located at the southeast corner of Voltaire and Tieton Drive. Codes and Fire Department shall determine all new fire hydrants or fire sprinkler requirements. Looped twelve -inch waterline - 5,000 GPM. If additional plumbing • fixtures are being added as part of the improvements, a complete plumbing fixture count should be provided to determine the adequacy of the existing water service and meter size. An approved reduced pressure backflow assembly is required to John and Patricia Tate 11 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32 Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED MAY 1 5 2009 CITY OF YAKIMA PL ANN!t P D ±V. be installed on the water service prior to any internal plumbing branch. Individual fixtures should also be protected with appropriate backflow assemblies. (f) Traffic Engineering: Tieton Drive is classified as a four -lane Minor Arterial Street carrying an average of 15,400 vehicles daily. South 32 Avenue is a two -lane Minor Arterial Street carrying an average of 4,100 vehicles daily (and is in the process of a downgrade of its Functional Classification to a Neighborhood Collector Street). The intersection of South 32nd Avenue and Tieton Drive is signalized, with left turn protection. Traffic Engineering has no specific traffic related comments regarding the rezone from R -1 to R -2 for this lot. The proposed use consists of a "transitional care for up to five medically fragile children with two staff members." In addition, the project narrative states that the facility may provide sleeping quarters for families on the second floor of the facility, if feasible. A minimum of six parking spaces are recommended for this facility including one ADA accessible space. A single driveway (currently existing) from Tieton Drive is planned to be utilized for this project. (g) Yakima Regional Clean Air Agency: If the rezone is approved, a notification of demolition and renovation will be required. Contractors doing demolition, excavation, clearing, construction or landscaping work must file a dust control plan with YRCAA prior to the start of any of the work. (h) Department of Ecology: Relative to water resources, the water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to RCW 90.44.100. Relative to water quality, for projects greater than one acre with a potential to discharge offsite, an NPDES construction stormwater general permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of 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. John and Patricia Tate 12 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32n Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED MAY 1 5 2009 CITY OF YAKIMA PLANNING DIV. (4) Compliance with the Provisions and Standards Established in the Zoning Ordinance which are Minimum Criteria to Assure Compatibility. Prescribed zoning ordinance provisions and development standards applicable to the proposed transitional medical care facility for up to five children no older than 18 years of age which are minimum criteria that must be met to assure land use compatibility and to promote the public health, safety and welfare include the following: (a) Maximum Lot Coverage: Table 5 -1 of Chapter 15.05 of the Yakima • Municipal Code allows 50% maximum lot coverage in the R -2 zoning district. The proposed use meets this requirement. (b) Off - Street Parking: The off- street parking required for the proposed development is one space for every two beds. The proposed use will have five beds and will be required to provide three off - street parking spaces. Providing a sleeping area for the parents is beyond what is anticipated for the parking requirements for a standard convalescent, nursing or group home facility and additional parking is required to accommodate those parents. The proposed six parking spaces would be adequate to meet this requirement. The off - street parking and . driveway dimension requirements in Chapter 15.06 of the Yakima Municipal Code must be met prior to final approval, and a revised site plan is required which complies with parking requirements as set forth in that chapter. (c) Sitescreening: Section 15.07.060 does not require sitescreening along minor arterial streets such as Tieton Drive or South 32 Avenue. Sitescreening Standard "C" is required along the north and west property boundaries where the neighboring land use is single - family residential. Standard "C" consists of a six - foot -high, view- obscuring fence, made of wood, masonry block, concrete or slatted chain link material. A three- foot -wide planting strip landscaped with a combination of trees, shrubs, and groundcover along the outside of the fence is only required when the fence is adjacent to a street, alley or pedestrian way under Section 15.07.050 of the Yakima Municipal Code. (d) Signage: Based on Chapter 15.08 of the Yakima Municipal Code, the proposed development is allowed one project identification sign per street frontage not larger than 32 square feet in size. Because of the type, size and location of the use, the sign will be limited to only one project identification sign along Tieton Drive which is not larger than 32 square feet in size. John and Patricia Tate 13 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32n Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX # RECEIVED MAY 1 5 2009 CITY OF YAKItvim PLANNING DIV. XI. Consistency of the Proposed Use with Development Regulations and the Comprehensive Plan under the Criteria Required by Section 16.06.020B of the Yakima Municipal Code. Compliance with Section 16.06.020B of the Yakima Municipal Code is determined by consideration of the following factors: (1) The types of land uses permitted at the site. The R - zoning district is consistent with the Comprehensive Plan low density residential designation for the property. The proposed transitional medical care facility for up to five children no older than 18 years of age is a Class (3) use in the R -2 zoning district that is permitted so long as the criteria for approval of a Class (3) use are satisfied, as is the case here if the conditions set forth in this recommendation and decision are satisfied. (2) The density of residential development or the level of development such as units per acre or other measures of density. The density of the proposed use will comply with the maximum lot coverage of 50% in the R - 2 zoning district. (3) The availability and adequacy of infrastructure and public facilities. Infrastructure and public facilities are available and adequate for the proposed transitional medical care facility. (4) The characteristics of the development. The proposed transitional medical care facility will be consistent with the development regulations and comprehensive plan considerations as discussed above. No adjustments to the standards of the R -2 zoning district are requested to accommodate the proposed use. CONCLUSIONS Based upon the foregoing findings, the Hearing Examiner concludes as follows: (1) The Hearing Examiner has jurisdiction under Subsections 15.23.030(C) and 15.23.030(E) of the Yakima Municipal Code to make a recommendation to the Yakima • City Council regarding this rezone application. (2) The Hearing Examiner has jurisdiction to approve Class (3) uses by Class (3) John and Patricia Tate 14 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32n Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED MAY .i 5 2009 CITY OF YAKIMM PLANNING DIV review under the circumstances prescribed by the zoning ordinance, which circumstances warrant approval of this application for a transitional medical care facility for up to five children no older than 18 years of age contingent upon approval of the rezone and subject to the conditions set forth below. (3) The public notice requirements of Chapters 15 and 16 of the Yakima Municipal Code have been satisfied. (4) SEPA review resulted in issuance of a revised final Determination of Nonsignificance on March 20, 2009, without an appeal being filed by April 3, 2009. (5) The proposal was determined to be exempt from review under the Transportation Capacity Management Ordinance. (6) The requested rezone, as conditioned by the proposed Development Agreement, would satisfy the seven rezone criteria in Subsection 15.23.030(E) of the Yakima Municipal Code and the four consistency criteria in Subsection 16.06.020(B) of the Yakima Municipal Code which are the applicable criteria to determine whether the requested rezone should be approved. (7) The proposed transitional medical care facility for up to five children no older than 18 years of age can be adequately conditioned by the conditions set forth below so as to ensure compatibility, compliance and consistency with the objectives and standards of the Comprehensive Plan and with the intent, the character, the provisions and the development standards of the zoning district and of the zoning ordinance. (8) This decision approving the Class (3) use of a transitional medical care facility, contingent upon approval of R -2 zoning for the subject parcel, may be appealed to the Yakima City Council within the time and in the manner required by applicable City ordinance provisions. RECOMMENDATION AND DECISION The Hearing Examiner (i) recommends approval by the Yakima City Council of a conditional rezone of the subject parcel from the Single - Family Residential (R -1) zoning John and Patricia Tate 15 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32 Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED MAY 1 5 2009 PLANNING DIV. district to the Two - Family Residential (R -2) zoning district subject to the terms of the proposed Development Agreement; and (ii) approves the proposed Class (3) use of a transitional medical care facility for up to five children no older than eighteen years of age contingent upon the City Council's approval of the requested rezone and subject to the following conditions: (1) The subject property shall be rezoned to Two - Family Residential (R -2) and a transitional medical care facility for up to five children no older than 18 years of age shall be allowed subject to continued compliance with the terms set forth in the Development Agreement for the subject parcel. (2) The required driveway and six off - street parking spaces shall meet the dimension requirements set forth in Chapter 15.06 of the Yakima Municipal Code. (3) The development shall appear as a single - family dwelling as proposed. (4) Any material modification, expansion, alteration or addition to the building or the approved use shall require additional Class (3) review for consistency and compatibility with the neighboring land uses, and a discontinuance of the approved use shall result in automatic reversion of the zoning of the subject parcel back to the Single - Family Residential (R -1) zoning district in accordance with the terms set forth in the Development Agreement for the parcel. (5) Sitescreening Standard "C" shall be installed along the west and the north property lines that complies with the fencing standard in Subsection 15.05.020(G) of the Yakima Municipal Code. (6) Signage shall only be allowed along Tieton Drive and it shall be limited either to one project identification sign which shall not be larger than 32 square feet in size or to one nameplate sign on the building which shall not be larger than 2 square feet in size. DATED this 15 day of May, 2009. a ,.--. 1 . _ Gary M. Cuillier, Hearing Examiner John and Patricia Tate 16 Rezone from R -1 to R -2 for a Class (3) Transitional Care Facility Located at 420 South 32 " Avenue RZ #001 -09; CL(3) #005 -09; SEPA #004 -09 DOC. INDEX RECEIVED • MAY 1 5 2009 CITY OF YAKIMMiA PLANNING DIV. Development Agreement This Development Agreement ( "Agreement ") is entered into this day of , 2009, by and between the City of Yakima, Washington, a municipal corporation organized under the laws of the state of Washington, 129 N. 2nd Street, Yakima, Washington, 98901 ( "City ") and John Tate and Patricia Tate, property owners of property located at 420 S. 32nd Avenue, Yakima, Washington, and their successors and assigns ( "Developer"). RECITALS A. To strengthen the public planning process and provide project development certainty, the Washington State legislature enacted RCW 36.706.170 -.210 (the "Development Agreement Statute "), which authorizes cities to enter into agreements 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. The Developer is the owner of certain real property located at 420 S. 32nd Avenue, Yakima, Washington, 98902 (Assessor Tax Parcel No. 181322 - 44051) and Legally Described as attached hereto as "Exhibit A." The property is located at the northwest comer of W. Tieton Drive and S. 32nd Avenue, two minor arterial streets. C. The Developer has proposed a rezone of a single parcel of land, approximately 16,000 sq. ft. in size, from Single - Family Residential to Two - Family Residential. The rezone is consistent with Table III -11 of the Yakima Urban Area Comprehensive Plan 2025 (YUACP) and the future land use designation, Low Density Residential, as setforth in Map III -2 of the YUACP. The rezone application is accompanied by a Type (3) review application for a "convalescent, nursing, and group home," which will operate as a transitional care facility for children from birth to age eighteen. The purpose of the limitations setforth herein is to preserve the historic nature of the neighborhood. D. A revised Site Plan has been provided for the proposed use, which meets the City of Yakima's Development Standards as set forth in YMC Title 15 for parking, lot coverage, off - street parking, lighting, landscaping, and sitescreening. A copy of the revised Site Plan is attached as Exhibit B and incorporated by this reference. E. City and Developer 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 or structure shall be permitted without applicable ordinance procedures governing such matters. F. City and Developer 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 the City Staff, Hearing Examiner, and City Council. Tate Development Agreement - 420 S. 32nd Avenue 1 of 4 DOC. INDEX NOW THEREFORE, in consideration of the mutual promises herein, City and Developer AGREE AS FOLLOWS: Section 1. Rezone of Property: The rezone of the property located at 420 S. 32nd Avenue, Yakima, Washington, shall be expressly conditioned upon the terms and conditions setforth in this Development Agreement and approved uses shall not be materially modified, expanded, or altered other than by a subsequent public process applicable to ordinance amendments (rezones) and land use processes. Section 2. Site Plan: Any and all uses of the subject property shall be consistent with the Site Plan. 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 design access, and signage) in a manner consistent with the referenced Site Plan. Section 3. Approved and Permitted Uses /Occupation: Developer shall be permitted and authorized to conduct only the following uses on the subject property: A. "Convalescent, Nursing, And Group Home"; Developer may operate a transitional care facility for up to five children no older than eighteen years of age under this category. B. Single- Family Residential Zone Uses: Along with the use in Subsection "A" above, Developer may also operate those uses permitted in the Single - Family Residential zoning district. Section 4. Assignability of Agreement: The approved uses and the Development Agreement are assignable as a continuing business under the same conditions of approval as originally approved by the City of Yakima and as otherwise specified herein. This use and /or Development Agreement shall not be assigned without the City of Yakima's prior written consent. Section 5. Discontinuance of Use: The uses permitted herein may continue so long as they remain otherwise lawful. The use in Subsection 3(A) shall be considered discontinued when it is succeeded by a Class (1), (2), or (3) use; or, discontinued and not reestablished within eighteen months, unless an extension is granted by the Administrative Official upon proper application. Section 6. Modification /Amendment: Any material modification, expansion, alteration, or addition of uses as outlined in this Development Agreement shall require a new public hearing, unless otherwise determined by City. Section 7. Reversion of Zoning: When such use is discontinued and not reestablished in accord with the Yakima Municipal Code and this Agreement the zoning shall automatically revert back to the Single - Family Residential zoning designation. Section 8. Notices and Demands: Any notice or demand which either.party hereto 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, retum receipt requested, postage paid, addressed as follows: To City: City of Yakima To Developer: John and Patricia Tate c/o City Manager dba Kinderhafen, LLC 129 N. 2nd Street 11 N. 59th Avenue Yakima, WA 98901 Yakima, WA 98908 Section 9. Recordation /Binding Effect: Pursuant to RCW 36.70B.190, this Development Agreement shall be recorded in the real property records of Yakima County, Washington. This Agreement is binding on City and Developer. Tate Development Agreement - 420 S. 32nd Avenue 2 of 4 DOC. INDEX # e& -/ Section 10. Effective Date: This Development Agreement shall be effective upon final determinations (1) approving the rezone; (2) approving any associated use applications by the appropriate legislative or administrative body, and (3) upon all necessary public process as established by statute and the Yakima Municipal Code, and at such time as said determinations are not subject to any further or additional appeals. Section 11. Other Necessary Acts: City and Developer shall execute and deliver to the other all 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. Section 12. Covenant 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 subject property. Section 13. Covenant of Good Faith and Fair Dealing: City and Developer 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. Section 14. Severabilitv: If any part of this Agreement is amended by mutual agreement of the parties or any part is held to be illegal, invalid, or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect. Section 15. Venue and Applicable Law: City and Developer agree that venue of any action shall hereon be laid in Yakima County, 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 on the day and year first written above. CITY OF YAKIMA, A WASHINGTON MUNICIPAL CORPORATION By: • R.A. Zais, Jr., City Manager DEVELOPER John Tate Patricia Tate Tate Development Agreement - 420 S. 32nd Avenue 3 of 4 DOC. INDEX # /.-/ 'r ���. Property Address: 420 SO 32ND AVE YAKIMA, WA 98902 EXHII3IT "A" LEGAL DESCRIPTION APNt/ 181322 -44051 That portion of the Southeast Y4 of the Southeast' / of the Southeast 1/4 of Section 22, Township 13 North, Range 18, E.W.N., hereafter called "said subdivision ", described as follows; Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said subdivision; thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of beginning; thence North 89 °50' West 223.5 feet, more or less, to a point 90 feet East of the North and South center line of said subdivision thence South along the line 90 feet East of and parallel to the said center line 98.5 feet to the North line of Tieton Drive; thence East 223.5 feet to the West line of Grandview Avenue; .thence North along the West line of said Avenue 98 feet to the true point of beginning, EXCEPT the West 42 feet, EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25, 1964, under Auditor's File No. 2000604, AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded December 2, 1991, under Auditor's File No. 2943047 • Tate Development Agreement - 420 S. 32nd Avenue 4 of 4 • • DOC. INDEX # 8.8 —I • • JOHN AND PATRICIA TATE RZ #001 -09, CL3 #005 -09, SEPA #004 -.09 EXHIBIT LIST • CHAPTER A Staff Report "' �^ a T d r ' ' x v t* ' " c x�rvr s DOCk J . e + � t � # r DOCUMENTS g ,i „„ YDATE �' • INDE "X ff q � 8 F x a � xb {t .y 4a{ �.. - .a... .. _.�._.. ��.�....d� - ,.. >• Kc �_: s.«a. fie ��'S`�2'. tS,=.� %.. ,. 'r'�,:r - -. .. �, ..� L ri ,ds'k, `. x k+,�.. a3�' rs A- k' ._ _ . A -1 Staff Report 04/09/2009 • City of Yakima, Washington Department of Community & Economic Development Planning Division — Staff Report Public Hearing April 9, 2009 Consideration Of An Application To Rezone A Parcel Of ) RZ #001 -09 Land From Single - Family Residential To Two - Family ) CL(3) #005 -09 Residential And A Type (3) Review To Establish A ) Staff Contact: "Convalescent, Nursing, And Group Home" Land Use ) Kevin Futrell Summary Of Recommendation: Staff recommends approval of the proposed rezone from Single - Family Residential to Two - Family Residential. Staff also recommends approval to establish a "convalescent, nursing, and group home" land use in the Two - Family Residential zoning district subject to conditions. From review of the site, matters contained in the application, and both the Yakima Urban Area Comprehensive Plan and Yakima Urban Area Zoning Ordinance, staff makes the following: FINDINGS Applicant /Owner: John and Patricia Tate, 11 N. 59th Avenue, Yakima, WA Property Location: 420 S. 32nd Ave., Yakima, WA Parcel Number: 181322 -44051 Current Zoning: Single - Family Residential (R -1) Proposed Zoning: Two- Family Residential (R -2) Background: On February 10, 2009, the City of Yakima, Planning Division, received an application to rezone property located at 420 S. 32nd Avenue from R -1 fo R -2. The applicant is also requesting approval to operate a "convalescent, nursing, and group home" facility there. HEARING EXAMINER JURISDICTION Pursuant to YMC § 1.43.080(A), the Hearing Examiner is authorized to hear, make a record of, and decide matters proscribed by the Yakima Urban Area Zoning Ordinance (Title 15). Rezones and Type (3) Reviews are matters contained within Title 15 of the Yakima Municipal Code. YAKIMA URBAN AREA COMPREHENSIVE PLAN The Yakima Urban Area Comprehensive Plan 2025 (YUACP), Future Land Use Map, designates this area as Low Density Residential. (YUACP, Map III -3) Low Density Residential consists primarily of freestanding single - family residences. Residential density is less than 7.0 dwelling units per acre. This is considered the lowest possible residential density that can efficiently support public services. Anyone wishing to rezone property must show consistency under Table III -11, Future Land Use and Current Zoning Comparison. Because actual zoning is based on factors in addition to the Land Use Map (e.g. land use compatibility, location, availability and capacity for public services and facilities, market demand, environmental features, etc.), consistency with Table III -13 will • DOC. INDEX 4 -I not guarantee rezone approval. However, inconsistency of a request with Table III -13 will preclude approval. Under that table, a Comprehensive Plan Amendment is not needed. The proposed zoning district, Two - Family Residential, is consistent with the existing future land use designation, Low Density Residential. The following are policies that support the proposed rezone or land use: Policy 3.14.1: New institutions should be placed where they are compatible with surrounding land uses, and the development of existing institutions should developed to be • compatible with adjoining land uses. Policy.3.14.2: Access to institutions shall be from a principal arterial and should not increase traffic on local residential streets. Policy 3.14.3: An impact analysis of how improvement to institutions will affect traffic, parking and other qualities in surrounding areas impact assessment may be required. Policy 3.14.5: Institutions can be sited in zoning districts that are shown in Table I1I -13: Future Land Use and Zoning Correlation and shall meet the Class review requirements according to Table 4 -1 of the Yakima Urban Area Zoning Ordinance. Policy 3.16.2: Essential public facilities shall be located in areas where they are best able to serve the individuals they are intended to serve. ZONING AND LAND USE The subject property is currently zoned Single - Family Residential (R -1) and is being used for a single- family dwelling. Upon approval, the structure will only be used for the requested land use and not for residential purposes. Adjoining properties have the following characteristics: Location Zoning Land Use North R -1 Single - Family Dwelling South R -1 Single - Family Dwelling West R -1 Single - Family Dwelling East B -1 (limited) Coffee Stand /Business Admin. Office /Massage Therapy YAKIMA URBAN AREA ZONING ORDINANCE The main purposes of the Yakima Urban Area Zoning Ordinance are to implement the Yakima Urban Area Comprehensive Plan and promote the general health, safety, and welfare of present and future inhabitants of the Yakima Urban Area. (YMC § 15.01.030) Various site design /development standards are required to establish a use. These are contained in Yakima Municipal Code Ch. 15.04, 15.05, 15.06, 15.07, and 15.08, which include: Lot Coverage: the lot coverage allowed in the R -2 zone is 50 %. (YMC Ch. 15.05, Table 5 -1) The proposed use meets this requirement. Parking: the off - street parking required for the proposed development is one space for every two beds. The proposed use will have five beds and will be required to provide three off - street parking spaces. Providing a sleeping area for the parents is beyond what is anticipated for the parking requirements for a standard "convalescent, nursing, and group home" facility and additional parking is required to accommodate those parents. The proposed six parking spaces would be adequate to meet this requirement. The off - street parking and driveway dimension requirements in YMC Ch. 15.06 must be met prior to final approval. A revised site plan is required which meets parking requirements as setforth in YMC Ch. 15.06. DOC. INDEX Tate - 420 S. 32nd Ave. - RZ #001 -09, CL(3) #005 -09, & EC #004 -09 Page 2 • Sitescreening: Sitescreening is not required along Tieton Drive or S. 32nd Avenue (minor arterial streets). (YMC § 15.07.060) Sitescreening Standard "C" is required along the north and west property boundaries where the neighboring land use is single - family residential. STANDARD C —A six - foot -high, view- obscuring fence, made of wood, masonry block, concrete, or slatted chain link material. A three - foot -wide planting strip landscaped with a combination of trees, shrubs, and groundcover along the outside of the fence is also required when the fence is adjacent to a street, alley, or pedestrian way. (YMC § 15.07.050) Signage: Based on YMC Ch. 15.08, the proposed development is allowed one project identification sign per street frontage not larger than 32 sq. ft. in size. Because of the type of use, the size, and the location, staff recommends that the sign be limited to only one project identification sign along Tieton Drive, not larger than 32 sq. ft. Class (3) Permitted Land Use Compatibility: The Yakima Urban Area Zoning Ordinance indicates in Table 4 -1 that "convalescent, nursing home, and group home" are a Class (3) land use in the Two - Family Residential zoning district and are not permitted in the Single- Family Residential zoning district. (YMC Ch. 15.04) Class (3) uses are those uses set forth and defined in the text and tables of YMC Ch. 15.04 and are considered generally incompatible with adjacent and abutting property because of their size, emissions, traffic generation, neighborhood character, or for other reasons. However, they may be compatible with other uses in the district if they are properly sited and designed. Class (3) uses may be permitted by the Hearing Examiner when he determines, after holding a public hearing, that the use complies with provisions and standards; and, that difficulties related to the compatibility, the provisions of public services, and the Yakima Urban Area Comprehensive Plan policies have been adequately resolved. Rezone Criteria (YMC § 15.23.030) Yakima Municipal Code Section 15.23.030 specifies seven criteria that govern rezone approvals: 1. Testimony at Public Hearing: To be considered by the Hearing Examiner. No public comments were received in relation to the proposed rezone. 2. Suitability of Property for Proposed Use: The proposed use is a Class (3) land use. The proposed use is consistent with other medical related services in the area. The property is also located along two minor arterial streets, which would be the main travel routes. The building for the proposed use will appear as a single - family dwelling, which is the major use in the area. No new buildings or additions are proposed at this time. 3. Recommendations from Interested Agencies: Other than the City of Yakima, no agencies have submitted any recommendations or comments concerning this rezone beyond standard comments related to the rezone's environmental review. • 4. Compliance with the Comprehensive Plan: The Yakima Urban Area Comprehensive Plan designates the subject property as Low Density Residential. See also Section (7) below. 5. Adequacy of Public Utilities: Adequate public utilities are available to serve the parcel. 6. Compatibility of Proposed. Use: the proposed use requires approval through a Type (3) review process, which was submitted along with the rezone request. 7. Public Need: There is a public need for Two - Family Residentially zoned property. Except for the 173+ acres of undeveloped Congdon property, the City has very few undeveloped Two - Family Residential properties. A large majority of the R -2 properties are currently in single and two- family residential developments or used for a cemetery or DOC. Tate - 420 S. 32nd Ave. - RZ #001 -09, CL(3) #005 -09, & EC #004 -09 INDEX Page 3 # A -1 mobile /manufactured home park. This rezone alone will not fill the R -2 need. The Yakima Urban Area Comprehensive Plan 2025 (YUACP) states that the Urban Growth Area will need a total of 1,650 to 2,660 acres of vacant land designated for medium and high- density residential uses to accommodate future growth. (YUACP, p.V -7) Although the Comprehensive Plan calls for vacant land, redevelopable land should also be included as part of that overall total land quantity. Even though the proposed use is not residential, the use is designated and anticipated as a use allowed following the required level of review. Upon approval of the requested rezone, the property will be zoned consistent with the Future Land Use Designation. (YUACP, Table III -1 1, p.III -18) PROJECT CONSISTENCY During project review, it has, been determined that this request is consistent with applicable development regulations under YMC 16.06.020(A) for making a Determination of Consistency. Those project considerations are as follows: 1. Type of land use: Existing Single- Family Residence; proposed "convalescent, nursing, and group home" facility 2. Level of development such as units per acre or other measures of density: N/A 3. Infrastructure, including public facilities and services needed to serve the development: Public services and facilities are available to serve the site. 4. The characteristics of the development, such as development standards: The proposed development meets the development standards established in YMC Title 15. No adjustments to the standards of the R -2 zone are requested to accommodate the proposed use. Staff • recommends additional parking beyond the minimum based on expected family needs. DEVELOPMENT SERVICES TEAM A Development Services Team meeting was conducted on February 25, 2009, to discuss the technical aspects of this request. The following comments were received from public agencies and private companies with an interest in the proposed development. Codes: City Code Administration staff went through the structure with the property owner and asked that he renovate the bathroom on the main floor for handicap accessibility. There is a room on the first floor that could easily accommodate disabled parents. The ramp will need to be constructed for the ease of getting patients, medical beds, and equipment inside the structure. This will also serve for accessibility for a disabled person. The applicant is installing a fire alarm system. Plan review, permits, and inspections are required prior to occupancy per IRC § 105. Engineering: No comments Stormwater: The proposed additions at this residential property are below 5,000 square feet and it is not a high use site. There are no drainage requirements. Wastewater: Wastewater has no wastewater related comments regarding this proposal. Water: 1. There is an existing looped twelve -inch waterline in S. 32nd Ave. There are existing looped six -inch and eight -inch waterlines in Tieton Dr. The site has a 3/4" water service and meter. The site is located in the mid -level pressure zone. Static pressure is approximately 61 -69 PSI. 2. There's an existing fire hydrant located at the southeast corner of S. 32nd Ave. and Tieton Dr., and one located at the southeast corner of Voltaire and Tieton Dr. DOC. INDEX Tate - 420 S. 32nd Ave. - RZ #001 -09, CL(3) #005 -09, & EC #004 -09 Page 4 A -� 3. Codes and Fire Dept shall determine all new fire hydrants or fire sprinkler requirements. 4. Looped twelve -inch waterline - 5,000 GPM 5. If additional plumbing fixtures are being added as part the improvements, a complete plumbing fixture count should be provided to determine the adequacy of the existing water service and meter size. An approved reduced pressure backflow assembly is required to be installed on the water service prior to any internal plumbing branch. Individual fixtures should also be protected with appropriate backflow assemblies. Traffic Engineering: Tieton Drive is classified as a four -lane Minor Arterial Street carrying an average of 15,400 vehicles daily. South 32nd Avenue is a two -lane Minor Arterial Street carrying an average of 4,100 vehicles daily (and is in the process of a downgrade of the Functional Classification to a Neighborhood Collector Street). The intersection of S. 32nd Avenue and Tieton Drive is signalized, with left turn protection. Traffic Engineering has no specific traffic related comments regarding the rezone from R -1 to R -2 for this lot. The proposed use consists of a "transitional care for up to five medically fragile children with two staff members." In addition, the project narrative states that the facility may provide sleeping quarters for families on the second floor of the facility, if feasible: A minimum of six parking spaces are recommended for this facility including one ADA accessible space. A single driveway (currently existing) from Tieton Drive is planned to be utilized for this project. Yakima Regional Clean Air Authority: 1. If the rezone is approved, a notification of demolition and renovation will be required; and, 2. Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a dust control plat with YRCAA, prior to the start of any of the work. Ecology: 1. Water Resources: The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to RCW 90.44.100. 2. Water Quality: For projects greater than one acre with a potential to discharge offsite, an NPDES construction stormwater general permit from the Washington State Department of Ecology is require if there is a potential for stormwater discharge from a construction site with more than one acre of 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. ENVIRONMENTAL REVIEW - STATE ENVIRONMENTAL POLICY ACT The proposed project was not an exempt action under WAC Ch. 197 -11 or YMC - Ch. 6.88 for environmental review. A Determination of Nonsignificance (DNS) was issued on March 20, 2009. The appeal period ended April 3, 2009; no appeals followed. TRANSPORTATION CAPACITY MANAGEMENT ORDINANCE This proposal is an exempt activity under the Transportation Capacity Management Ordinance. Any redevelopment of the site may require a traffic concurrency review. DOC. INDEX Tate - 420 S. 32nd Ave. - RZ #001 -09, CL(3) #005 -09, & EC #004 -09 Page 5 i r PUBLIC NOTICE Notice for the Hearing was provided in the following manner: Notice of Application for Environmental Review & Public Hearing February 25, 2009 Legal ad published & posting of property February 25, 2009 Mailing of SEPA DNS & Legal ad published — SEPA DNS March 20, 2009 CONCLUSIONS From the foregoing findings, staff makes the following conclusions: 1. The Hearing Examiner has jurisdiction to issue a recommendation to the City Council on matters prescribed in the Yakima Urban Area Zoning Ordinance. (YMC § 1.43.080(A)) 2. A State Environmental Policy review was required under WAC Ch. 197 -11 and a Determination of Nonsignificance was issued on March 20, 2009. No appeals followed. 3. The proposed rezone is consistent with the future land use map's designation, Low Density Residential. 4. The proposed rezone meets the seven rezone criteria specified in YMC § 15.23.030. 5. The proposed "convalescent, nursing, and group home" is a Class (3) use in the Two - Family Residential zoning district, which requires a Type (3) review. If the property is not rezoned, the proposed use is not permitable. 6. Following the notice of application, no comments were received opposing the proposed land use or rezone. No significant adverse impacts were identified that could not be mitigated. RECOMMENDATION Based upon the findings and conclusions presented above, staff recommends approval of the proposed rezone from Single- Family Residential (R -1) to Two - Family Residential (R -2). Staff also recommends approval of the proposed "convalescent, nursing, and group home" subject to the following conditions: 1. The subject property shall be rezoned to Two - Family Residential. 2. The required driveway and six off - street parking spaces shall meet the dimension requirements setforth in YMC Ch. 15.06. 3. The development shall appear as a single - family dwelling as proposed. 4. If the building is modified /replaced or if the business is expanded,. an additional Type (3) review shall be required in order to review the change /expansion for consistency and compatibility with the neighboring land uses. 5. Sitescreening Standard "C" shall be installed along the west and north property lines while meeting the fencing standard in YMC § 15.05.020(G). 6. Any signs shall be limited to only one project identification sign along Tieton Drive, not larger than 32 sq. ft. in size or a nameplate sign on the building not larger than 2 sq. ft. DOC. INDEX Tate - 420 S. 32nd Ave. - RZ #001 -09, CL(3) #005 -09, & EC #004 -09 # Page 6 A 1 • JOHN AND PATRICIA TATE . RZ #001 -09, CL3 #005 -09, SEPA #004 -09 EXHIBIT LIST CHAPTER B Site Plan • �� DOCUM ° ENT y { P, - aY - �£ , '� $ i g � A tc ` 'amp IND�EX7 # 3 ., :, :.c , c '"zaY,+?6. .. ,A �� ,r. B -1 Site Plan Checklist 02/10/2009 B -2 Site Plan 02/20/2009 • • • • I . . : , .. I .. I I , 1 ... := 3_1_,.... = HiLTT OF YAKIMA 1 } II ,'" ) . . it.. 1 1 1 , , 1 T AFN /1703221 s a ci I . I I I ; ■ . . S 89'50'00* E ,. 198.10 op = g "Z -\ loft l ... . F.:, ,......._.. \ • 1 _ ..2m.- 1227 . gii •• 1 E ..- 1 or •Iva Itry I' ' 1P4 moklr; ....A pLANTE lir ,,,,, 1 '7 • • 9 " ' .., PROPOSED srrE RAN 1 "4 ' -• .. 7 1 /. -- 2 - 1 4 747 -4- 1 )7: ■ ; l' P I, • ... 40 a • 4 1•4 .. 1. 144 -7.- . ,....., 14 1" • .. SCALE 1 = 20'-0 1 • • 4: " 401 ;' Ifr ■ e 8 8 • • 1. P • 4 LAWN • ' B 1 D4D -■ .• • A q ■ • ,,• 4 . ' " ■ 1 0 • A 4A /JO ' I , I 4' . 4 0 • 4 . \( I 5:i 1 : 5 • . GRAPHIC SCeltE 2)- , ••• 2 a 11■ 111 " .... . .......... . ere 10 • 0 10 .20 30 I 4 ' ' 4' ' ! i! 4 40 / COSTING HOUSE (REMAINS) 1 1 • 7 DENOTES COSTING FENOEUNE 1 Z '• At. ;4 I I I t •■■ o • • `4:A. •.f* ..0 4■ 0 .-•••-....4. .44 4 4 .I! 44 ■ ,•, •• 41 . , . 7 4, ;; ...... . 420 SOUTH 32ND. AVENUE YAKIMA, WASHINGTON 98902 ' .. LEGEND . DENOTES DOSING POWER POLE • CURRENTLY ZONED R-1 I 95'-5" 1: z ■ 4 . : i I PROPOSED ZONING R-2 • • , 41 I ...2=1 . . x MOW ONNG ke al • NI- ■ o# ' i . t ' ' IlL. . .41...,1 _ ! TAX PARCEL NUMBER 181322-44051 . * co 1 5` I (41 1 PP ' (-- DENOTES DOSING ANCHOR ce We - • IA 4 ui ,„ 4 s er•Av - - 41 . 1,0! 1..t.. 1 I ' 0 DENOTES COSTING UGHT a 1 CURRENT ZONING : ■ ' ' , ■ 161t.40 5 I i LANDING b 6 i < 1 I -.... ,... - -1 BEYINI ' A • 44 4, 4 P 1 ■ ..* i:r 4 i f fi-44440 bi - d'.;■t , • . , . _,40 * i . ' 4447 re _ Ow t, . f 24 o a z 1 C•4 UP8 DENOTES COSTING PULL BOX (DIV DENOTES COSTING IRRIGATION VALVE 0 . z z - -J 1 1 I t 4 ' : p: t - ' 4*** ' 4 If' ,. . 4 ' 4-4'4* . ■' AI • 4 111. 1"1644 11,-. • T1 2 ..... 2 1. ato Isgfi ...li .° . ---'..."''14° "" ' . LAWN en . i • • . iDVN DENOTES EXISTING WATER VALVE c z f p , o . . ,.. 1 • 4 I ' 0 ; 4 . • ' 0 .- V 4 0 l b . 4 ,■•i,',..rem....1.-'.,..A. 411 Mag....a:LI' . • e • 4 ' 1 r LANDI 1---P---144P IN . ' • ' PLANTER . x4 '• • 5 x5 ? ---1- - 0 DENOTES WATER - TINE - - PP ,IR ' Vi I MI 97'40' E 1 • I . 0 , (A RRENT ZONIN -. COSTING SHRUB TO REMAIN 1' g • . cc ; •••• ij■ i ' 1 -•.... X w 39'-8" 4. 00 ' :- '1.1 3"- ...* DENOTES COSTING CONIFER TREE (SIZE AS NOTE0) W < g 1 • 4 1 . •:.:;.::.';.'% NiR A .--;./ 4 1 0 * ai 1 / 4 , : ,i l■ .1,■• e ......,':',:-.:.•,...,',:::.: ;: Ns":.:: •.::.;-:-:-.,...'.:..::.:...[..:; 5' " k.:. " a. ; P . URRENT ZONING - .:...J R-2 BEYOND - .." , '-'• 4.. DENOTES DOSTING DECIDUOUS TREE (SIZE AS NOTED) z . . . • . 1 . i ••••:'...•.:::-.,-..'.,:••:.;:. 18" • . 1 , LA N . = 1 • S DENOTES MONUMENT CASE AND COVER q - I .4 k - -411 - - Al # II lt t •Il g '-'-'.71."!'::...'. ..■ 1 .: 15 LAWN A.24.00' • . . . s 1 ' ., i ') ‘ _ 40 12 L.37,72 z . • PB .. w I ' E:..•: DENOTES CONCRETE (NEW OR COSTING) 1 Il Ei:31 DENOTES ASPHALT RANG (NEW OR EXISTING) i li • " t i % ,,,, O 1 •-m.2.--..,.___;___z.,„, 4 Oikb. v 0 1 1161111..N 8 . -■- •______ .... N 9004 * 41 E . 9 5.3. . - • PP s'1 That portion of the Southeast % of the Southeast Y. of the Southeast of Section 22, 4 'a Township 13 North, Range 18, E.W.M., hereafter called said subdivision", described as b follows; % z Beginning Or, the East line of said subdivision 526 feet South of the Northeast corner of said g 1 11 Mi 1 11 Ell k 1 1 I I I I 1 I I I I I I I I I I I I I M I I I I k . -0- • • subdivision; (.$ q , . ... _ 'thence North 89°50 West 20 feet to the West fine of Grandview Avenue and the true point of J U. --- ■ , d7•14. 4 "■•••' -. ■ beginning; • . CUR CUT . 2 ..I t, ° B . 2 thence North 89°50' West 223.5 fee, more or less to a point 90 feet East of the North and • i - 1 4 South cente line of sad subdivision . . s5. 3s • thence r ii ence Soutl along the line 90 feet East of and parallel to the said center line 98.5 feet to fr' i 1 . 1 • . (1 IN .l NI ? 1 the North linb of Tieton Drive; It% 1 thence East 223.5 feet to the West line of Grandview Avenue; I . . .: 7. • . ce 7 m . cr c.3' ace . thence North along the West line of said Avenue 98 feet to the true point of beginning . cr , EXCEPT the West 42 feet, . . EXCEPT tha: portion conveyed to the City of Yakima for street by deed recorded June 25, 'or • 1964 under Auditor • • 's File No. 2000604, )- 1 in- . • i g • . • N9000 E 2' v MASS CAP EL . 1224.49 I CITY OF Y MA OAT UM ' AND EXCEFT that portion conveyed to the City of Yakima for street by deed recorded 11111 11rIr ..r.......■n . . • 198.1 1' December 2; 1991, under Auditor's File No. 2943047 r iwArAis TIETON DRIVE _ _ 5 - ' § • RECEIVED LOT COVEPAGE CALCULAILQN ' / ‘O• SQ FT PARKING CALCULAT)N (Reference Tabk 6 the Urban Area Zontn , Ord nt,nce) il . GARAGE 1 _ad .. .. ,oniotpt.„,((s)01.Ex,,,,,„1, Su ucture(s) b) Building Addition/New Structure(s) Footprint(s) I A 5 Q FT a) space(s re tiit2d ^--- c) Paved Area(s) (Driveways, Walkways, patios, etc.) Total , ,e,v SQ FT b) space(s) provided (--) g a/v s - ri --. 6 --- , FEB 9, n SEWER • 45 f-A c) Total Impervious Surface (a+b+c+d = e) 4-c_0. SQ Fr 0 POO SQ FT LOT INFORMATION / LiNr .,k011■• ..i:p'n• :?!. ! g CITY OF YAKIMA in. .• . ......: • usit I) Lot Size (6,..(XY2 SQ FT Parcel 4(s) 4e_42 OE- - 0 PLANNING DIV. ■■■• . • • . . . . . . 0 g) Lot Cov.Nage (e/f x ton = g) 3 5 - 70 % Site Address . 1` cSt2 NAMPAM '' ? tia . S g q _ . . - Ika+ .... .'.:: • AA - •, .; i ,4 MAP SCALE (Please use the given scale, however, in some circumstance N (Htli Legal Description (briet)___6....a - . okvi A. r, , -4 ..... i .4 a different scale may work better.) :.:', ' - ' : 104 - idigtO ' CHECK ONE 4 Pe ... ;: - :::.4, 1 i ipurm- ■fs > 40 %rferred Scale: 1 inch on the map --,- 20 feet on the ground BACKGROUND INFRGMATION AY • ' 0 / • CS 1 *, OrMiA , llith "iii.....a.i...... ,--/- ,,i, Site Address l'ki 5, A - e el a e . . Mil 4,11, Nib.- .4. 111 Template tie marks are 1 inch apai t , • .:t..„ ::,::::.;•:.;:o; .mviirn..-fa-,:aP. Mailing Address 4/`7 ior Y.IiiiiligienrMilaii. k eir .A 0.* 4 , - . 1+ 4 ruler"' 'e.. Ng . Contact Person 0 0 4 1. e_ Contact PlIsi 4A; r,,,.;.7". PLANTER Produced by (print) CIO/7W n" 77/17-4 / -.: pai, , • • ....,......: .... • „„„ic..• North) Applicant Signature I ...;,..." , y Date /j "7 r/0 "" " )6 '''O 7 "W-: ,.. , (Div Date: (2 2 - "7 Alf" 4) 0027502 _...., c o. I ■ ■ I- • ' 4, 1 '' '''. n : n :t n. id ' .. •• PARMSMAKIIM A . • smitsv ,. ,,,•,;:,..„:•,, 1 .:„...„....•:.:,,.. . ‘,...4.••„• • . ' . MDEX • ".. !.......: 0 LA -4 REDUCED B'f 25.1g - 1 ti -- ' 38 /ONALSTI G . ' IV"i • ' ,.,':::::..:''' ,2 • • i .., ,,.. • . s, D_-_. . • • az -./9 - 09 Ir• -.....4g, .0 . • • . . , 1....'.•:: DENOTES CONCRETE i ■ ill --, I 1 S , PERSON RESPONSIBLE F012 PROPOSED PROJECT: I g EXPIIMES 9/24! 1 a .. ,.. ,. , 111■11 1 • • ' • r . -11 DENOTES ASPHALT - JOHN A. TATE, P.E., S.E. . ..■ . ., ■ %- • • . , 11 NORTH 59th MOUE • IMMO 141.001102 YAKI1,4A, WASHINGTON. 98908 . . 611111■- ____. _ " • -- it; ...,. .... CR4M4C SUILE • • . CELL 910-7124 OFFICE 972-3079 FAX 972-7920 1 .... • • . 4 • . ., • • II • • . E-MAIL jatcepchartennet to r - . .. 20■30 • • . „,,,,, u � -,'4,1 SITS PLAN CHECKLIST „,,,_,,,,,,,,::,.,:-4..::, ..>: .; Ra pXtiSC1k :4,0t-7;'; v ' .,..& Yi.3,. ,Y x7'�E:� Y W- I �, f! 7 ."�' �.r.” 'n � Ip �. .'i ik i <,..�y �. - +4'JJ 1r' �:.... :ck hi. N � -�.� s �Li Li K -4�4 ". K�'�9"A� . �YX rte+: ��4 t ' T 1' i�l k �� ��,, w t ,,nr �. �Y t s i- y.d'4 . j ' S " y+, r j+a, '�!' .. ig '_ ..'"`y+te�i 1'G , TCg*� ?; ,:. xi"`,� 4 r'�,.. � lsSi' ,,,- �-''^5S'' � , _. aM- x ..� i o i a ,;,. � ``, 2y,..:'" .r?r�t�'..:..�'..��'��a *.:,� .. ., . . ' x C „�.. s,.1J.e.�r7�.:.'�..3 lam.; r?,.3�k�... z �f �' t. �A ."v,."u.'s�r...`'�'+�'.fK;� "Ysti�.::Y?�$�'•��"n�.r, ,o,.f: F"r��.�7'Y r :�Fr£r''1f�i'�,C"r'�7: r:.5�•�. Please complete this checklist and include with your final site plan. The site plan must contain all pertinent informa- tion. Items not applicable to the proposed project shall be so noted. If you have any questions please call or come in person to the Planning Division 129 N. Second Street, 2nd Floor,or phone (509) 575 -6183. ':.:�. x.?r:. t.,x,a':;',�,.: >,..r �i' "4. :•-.�a�2 . -� >• +s� -: ., '. ...-... t.: .. � �:}ct - ",yiEh�$"*":. `��.",,5:= l+y+'rn:i ,���N7� `t.Eie� ��.� iek'�n'�.6 �`��?�ty ,.Lt.�t! - a a � :.N ��' �2 S-. . �, k.3- t . o „.�I,T •fr:a k ',^� = �. �.� t�'�'�44,�'i'�',y.� r r 'T�c,�..:..uk�4'�` •.r "..��`r r:' . ,.' 2a '- �- .7?.°.l3'`�:.,fc. �.. l.�l i „ 4U.. � , aj3�.3. T . 5 � - n - �`6� -T`c- '�k .. Fr M ' n x ' �°,;,' a . -7 .r". �,. ? l uv"r�;"�� a` Z r�'�'rrix,,� . 0 � ,..,, ' i ry �d -� r'ti sisr �*A fr'a_1� atat ,`;`.rn"`r- '1,'i�.,.. z'.!" :.. ,.:� , s . �.:...... n., ,. J<.�Z ....P...�: c s ....... , .� Check all boxes as: g' Included $ Not Applicable E ) The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required infoilliation, but not less than 8 -1/2” x 11" for Class (1) projects or 11" x 17" for Class (2) projects. . (`S 2) All site plans shall be drawn to standard engineering scale. The scale shall best fit the paper. The scale used shall be indicated on the plan. (Suggested scale provided on site plan template). [e) Site address and parcel number. 2 Zoning district of subject site and adjoining properties. Property boundaries and dimensions. le RECEIVED 6) Names and dimensions of all existing streets bounding or touching the site. FE 2 Dimensions, location and use of proposed and existing construction. FEB 1 0 2009 8 ) Structure Setbacks. CITY OF YAKIMA 2 North Arrow. PLANNING DIV. 2/10) Lot coverage with calculations shown on the plan. M 11) Location and size of any easements. -842) 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. 1 4) Adjacent land uses. [� 1 5) Location and size of all parking spaces with the parking calculations shown on the map. 6) Location and dimensions of proposed or existing driveway approaches. x-17) Vision clearance triangles at street intersections and where driveways and curb cuts intersect with streets. -Eh 8) Location and size of new or existing loading spaces and docks. $-19) Location and size of proposed or existing signs. - --20) Location, type and description of required site screening. .E --21) Location and size of required site drainage facilities including on -site retention 1E"22) Location and size of existing or proposed public sidewalks, that are within 200 feet and on the same side of the street. -B7? ) Proposed improvements located within the public right -of -way. 2) Name, address, phone number'and signature of the owner or person responsible for the proposed project. —25) Calculation of land use density. . ' Note: The Planning Division or reviewing official may require the site plan to include any o - ' formation to clarify the proposal, assess its impacts, or determine compliance with the Yakima Municipal b • d other laws and regulations. Revised 9 -98 * f) — 1 ' } CITY OF YAKIMA v rte'" INSTRUCTION PACKET FOR f r ti:.. : : S FL AN z , ' .;1,7"C p i' ' ma : 4,Frg tt!r. __ u. e . y, r i, n . -i ��( y.,`s:.waS f ,..ti''ft,`,tn -.e d L,. ` xr 2��, ;. 605 \.: - 3o. ,( .. rtom^". �"4T xL Y .t mom. t N i ` TJ - `� 1j g e x �� k"3 txes .� s .r'c ei �,, 3,,, .�. y '� ' j L' 5 r 3 s L � 5 r4' w 4wiL 6 �rtt lr .z?�J'°k,..s, 1�.rn .. . +' 3. '.'�"�", r?�. s .,t ^.r �` S;, :.? ... . -:,Y; ... STS- - "''`C, -:�. < . ��3 P'y <z> , � ' . .r� ..7�+r..:�d'� ,,. ,LS�.vh � � ..:J *�#�K� a gesfi. .._ ��'7 �._.,l �.ac,» :. .. THIS INSTRUCTION PACKET INCLUDES THE FOLLOWING INFORMATION: RECEIVED 1. SITE PLAN CHECKLIST FEB 1 0 2009 ❑ 2. SITE PLAN TEMPLATE CITY OF YAKIMA 0 3. EXAMPLE SITE PLAN . PLANNING OIV :<r . iti ` . r �- a 'Xrr x.,,C� k *tx a d E , �7. .• � 1 u:.- ¢ . y yu . - ..,�. 2r ^ �k't r�.� a � ` �} �� k Yr}'s t -; ;s .T e '�rL,. '{x,'}l,p�. a. rN '. .tfrr�� n ..� h.' .,-. �x Li,'it x= ... ,o'- " "��. r dFtL ,�Y�wrz¢�7'iT,, fi;ax•7jt�€! � a. �t�.SwL'',`�a i a"l,'iR. i.�e .4 { c,1 r t- ',.«.:.r.6 *'g, i.'.�'"�"''` tt '*tlot � tgai -�'., �ij -'". - ;i: 4 4.Ep..; `,ri , ,a,V4 :'3Sk',r'?t; ,. '.,?rE�:F,.. ,.s., . _ ..;t'^ - 4,.kr ` .. :..:. w ..�• DETAILED SITE PLAN REQUIRED: On August 8, 1996, the City Council passed a resolution (No. R- 96 -91) adopting a requirement that all site plans submitted in conjunction with any building permit application, land use application, and environmental application shall contain certain infoimation and be approved by the appropriate Division Manager. The required information for the site plan is on a checklist and is enclosed in this information packet. Make sure that all info illation that is applicable to your proposal is checked off and clearly displayed on the site plan. It is in the best interest of the applicant to provide a carefully drawn and scaled site plan with all required information. The decision on whether or not to grant approval of your development proposal is largely based on the information you provide. An applica- tion cannot be processed until an adequate site plan is submitted. .;,: �, a :.:� .. aE.: _.-,a a .:<:- '`�r`�� ^ ' ' � - : ",""c `�'� �.,�L ...2� �. �,•� -c'.;� � . T..y,, yrL `� � r { .s f ; :1'?� �ss a��'z5' `&z�'1�.-r .�,'�,���i�+� ,� y�T� �"`',�*�� '.3'P.ie","' g e t Y '. i z '1�Sha 'i. , •W '� !-' L naIT ` L^+'i -+; cu' ,s,: w' '' ;.; •'is .:,.. i .,.:, k., .,.. ..x. � Y k. , ,.... ^�. _, .. ..:, ��' ..�,.r , e�"��r';a......rr. -,.. R�"�,�r''r«�r�.�3.'� .,. Ef�.. � 3�i'..�:, DRAFTING A SITE PLAN: 1) USE INK Use blue or black permanent ink. It may be helpful to draft the site plan in pencil then trace over in ink. Ink is necessary for adequate duplication. 2) USE A STRAIGHT EDGE All lines must be straight and done with the aid of a ruler or other straight edge. Circular drawings, such as cul -de -sacs, can be added with the use of a compass. Computer drafted site plans are acceptable. 4) DRAW TO SCALE All site plans shall be drawn to scale. The site plan template has a suggested map scale of 1 inch on the map equaling 20 feet on the ground. Distances on the map must be as representative of reality as possible. For example, when the distance from a building to the rear property line is 20 feet this distance will be on inch on the map. 5) USE SITE PLAN CHECKLIST Use the site plan checklist and provide all applicable information on the site plan. 6) FILL IN PROVIDED INFORMATION ON Sf1'h PLAN TEMPLATE To aid in completing the information mandated by the site plan checklist, the site plan template has blanks that need to be filledin. If you use a differ ent medium than the template, provide this information on t ie alternative paper. Note: You may benefit from the aid of a professional in the preparation of a site plan. DOC. INDEX \Created 9 -98 • • JOHN AND PATRICIA TATE RZ #001 -09, CL3 #005 -09, SEPA #004 -09 EXHIBIT LIST CHAPTER C Maps • • �D®C T?OCUMENT� r,�„ #k ;' c • } ' ? Sj°� C -1 Maps: Vicinity, Mailing, Aerial, and Zon 02/11/2009 C -2 Site Visit Photos • • • • • . � 1 ip,o 0, tern v, ' ` 4 , ff '..} r rr ` III _ k! 1 .. ''''• . -1 -• %'•:-.: ." , , . :i 1 ' \ Illi a p. - k � g i l d' ., y Mc r `•t •e; 1?: },, ryVa 'e y i 1 ,1, ' . war" s: . • Y A F a tet • %; y �1 .. . `8 } f ti • �yki ' � Y ' �) {ter ts. t• ' r r r r ; 4 o ' i i r, .^,' ' �- T `� y 4la bit4�. ° "'',y s : Vii: `" ' ' ` r � ' ' r f M /l C +gyp !' 1 . (' •.. emu.. h "R • k 13 } c. • S • �; i il rf y ` 1 DOC. INDEX • % ` 1 �r . . # G — g :- `tit • :F ► �.�.... y; & / • t � O Sr' • ,� ---•._ 4 � ► .,r • : / i L c r. `..•. t f ' N 1 *a� �'!. ♦ ��y t p ;• _ .'► _^ -�1 • ' 4 �f,t., m ot:. -p• 1� - - . • • • '" .. 1 • - V ,. . • .,s -t: • • .. - ,i;»'/ •` — ,,. - 4A• , •'Y.i' r • • iV'° ;.` .5r. fry - � _ — ; .._ • _ 4 ---- • .r ♦ e' .�' t 'dry { "' t ^ , r aka'' s.,— a , p.._ ? ., ► • � r�r ""E+r* t.. ,r C r , �++ d , ,�. '��i+u a . . ' b • ` .s .. -. _ ilr `.t�, ' R . r: s ,iI,f S c` 'i 'y ,. . K . rj t y � e �'+... i.. - . mss.. 0 .- - ei Y , v �- ` : . • . .; k ... ,. :: , ..!".... : .' ' " A 4 t < � Imo' - .r . „ � i _ a - . ,JL f '1'14' i ., Q., i ! , I _ ' r ..1.,..,..,- , 4.4 - F ' y " . < 0 , 7 ? 1 , I, • a ti ' . "�.. t k � . - •.• i � r •r ' r .f: j f !'r� „�{� ,l "i .---- _ - r ,, > ',$ .�• t � : rats i t, d 1 # • s _ s • \ . . ,ta - i ' t 5 , 1 ' - ...; .., - '.' ,.', -' , --•'..,.;"" ,., ,, ... „ _ _ ....--- -----.-,. _ ' ...„... _ '' .. I. ''. . - - • - 4 ' . ,. a s,.. j ; / � _ " ‘1 - , • lio - - - -. _.-_ _ ' ' _, ' . - . • ' ' 7 '• . 1 ,-- / / - • ....' • . 7 _ . . . . . f . .. . t € 1 : 1 . . ,,, . '.` -''' ii1 - :,. -. - '' ; ' ' _ 4 - , - .. . , r .4,.. , • _.... . ...; -.,„ • - At __-- .■ - 'ili -. I I I • - *.. ... '2 t f .-... ..' v.. _---, , . ■MMIMIIIIIIII I . ) : L . . 5 1 1,1, .: • , 14:, : A ..,.. ,....---,,. .1'7: , . r .-- j . I 1 1468 , '^ • - . • ' . , I "" ....ii: . : ." . . • „IS ii : 1,/, ,,' ' „ :„ .' '' ' '1 , 1 - • :. ' :ill ' , ' -.. ■ ' . , - __,,- :_._ I 1 , • 14, • 1., - „., . . 1 $ 1 - 1 1: 1. ""' r __ ,•• ---------* _ . I • I ,______.__- -_- • ., --:- - ....'_ L _ . 1 , _. _ , j i -,.. 7-''' .- - .---_. ._ ....,, ...., .. ...,. -- •■., ......., , . .. ... ___ . / . - . _ . • , . , 7 • ..- .„ ....„... .. -A,. . .....: i . . • . ..,...,,, • . . • -,_,.,- ,.,„,,,,„10/ .404* - _ .. . . .2 . .. , .... . . ,. . . 11 . - 1 i _ 1 1 I i∎ 1 1 1 I 1 I _ ,' 1 I 1 1 1 1 1 1 1 1 1 1 I YAKIMA AVENUE VACIYa AVr All s 1 1 J7 a - W � a W 11111 z el m 2 N _ �� =MEI Ho me Drive ~ J N _ o i N W n N N Q WALNUT AVENUE F- _ C S ti in z C7 y 11= \ TIETON DRIVE TIETON DRIVE ♦ 1 bill , 0 c Voltaire Ave , ,/ m iii "IW -- - Webster Ave p. 4% . 1 ti, WEBSTER y 1 M . 2_ m 440 E P 1 ,u, cik 'W -I y l -- y11 I , ARLINGTON AVENUE ' \ • ..- . \ • CITY OF YAKIMA, WASHINGTON ... .. 6 46 ( . i) VICINITY MAP ' �.,,.lI ,. S FILE NO: RZ#001 -09, CL3#005 -09, SEPA#004 -09 , APPLICANT: John and Patricia Tate , Subject Propert REQUEST: Rezone from R-1 to R-2 and establish DOC. Yakima City Limits INDEX t a transitional care facility. '• V Scale - tin = 400ft LOCATION: 420 South 32nd Avenyue C 0 200 400 rate 02/11i09 I 1 1 1 1 1 1 1. 1 1 1 j I I I I I I I I I 1 1 1 1 II 1 1 1 1 YAKIMA AVENUE vee ILA AvouuF • � I 1 JT R II Z • Z v 11111 S N cn Z • IX ■ � > W 0, re H•me Drive = �ry 2 of i W WALNUT AVENUE F z 44x 44046 44040 33010 kOm a 44506 '507 44037 44038 a —4012 I 44014 33014 33015 m,016 I 33017 33016 L' '468 44017 44015 44042 44041 33018 33019 •\ j 44021 44020 < /, 44023 33021 33020 44024 44031 44032 , 44033 m ■/ 44453 44049 33022 — 44454 1 440• 440471 33467 I ',■ 1111 ! 1 455 ' 33003 44050 44051 3 ''. I .�_.•• (33024 TIETON DRIVE 1 TIE �I N DRIVE 1 1421 tt 11A1', 01� ti. -� 11497 � "' 11001, '' �Ir/' v 11 22007 22006 22008 ; 71 4 0.4 � 11412 - ri � O // r • 22502 4 r I imi 22501 - r> ' HFIT N AV Nll a Voltaire Ave Z o 1111111‘1° n N Webster Ave a a I. 1111111011 ,_ M 1.1J1 m m WEBSTER ■ N W co et ilk 111111 I F`- . W I ■ W as �►di. ,,, Nam yl �.,� ARLINGTON AVENUE I CITY OF YAKIMA, WASHINGTON IT 1 Property Notices FILE NO: RZ#001 -09, CL3#005 -09, SEPA#004 -09 APPLICANT: John and Patricia Tate REQUEST: Rezone from R-1 to R- and establish Subject Site 2 N a transitional care facility. DOC. 1 ° ' T A,, -.' LOCATION: 420 South 32nd Avenyue INDEX •„ I`, ` v PARCEL NUMBER S :18132244051 # , —' Scale -1 in = 400ft 0 200 400 tate 02/11/09 jr- • ,. z - �_ -' J k _ . � y �� y .. � yy 44 r�m , 4 �.•- -. •' ,#yam a,�� �w� � 1, , ; ' 4 4 .< , * p mg 1 f -, 1 ( . ,r,Y i� T � ,', S I ,. ' P a . 7 N o ii Nit r _-__ ,..,. r • ‘. nal, 1 .4..., ___-* . Li 4.10 - . . --- ,- 1 '-r" .7- ! Ili : ' r�r , t ; i F � - ' 4 i' rt 4 7 '. # : - Jillki _Ills IN r e • . ' ' ■ . t: :i I ; '..4--- ■ ' : - * - , 1 1 : . : 411-T1- 1 s _ . ,**/ 1 . 1 'X, .I , ' . , _ _i , ��e w l 1 - ,i -._ . r.,./MT: t . -..� ) _� M i - F if " 4 3_ I w i • ;, _ l"L'�� - - � � I . q� 4 � L. k jo L 1 It . :r , Pt . 1 h 1 � 1 41116 1 r _ j' - r - - '� 1 1 3 ..- ..1Y '. • .1 Y , ‘. ON .?"."... - , IMO - ' ;. 7' • ; le . , Am , IWO died • ' ° _ r�G : _ ' �4) e ` . - -- -) . 1 ;' j i — • .li d � ` t r M '"`� i _ IN / ` _ _ ., - N - r . r Ij L % 4l` 't* 1. ., 4,,- , '...% ' , . .i. 4 . . • ir' ... __ , . , . : Vi i : '!p r T , H CITY OF YAKIMA, WASHINGTON Scale - Iin =400ft Information Services - GIS 0 200 400 FILE NO: RZ#001 -09, CL3#005 -09, SEPA#004 -09 S N Subject Property APPLICANT: John and Patricia Tate REQUEST: Rezone from R-1 to R-2 and establish I NDEX Yakima City Limits a transitional care facility. 1 C• - 1 LOCATION: 420 South 32nd Avenyue rare ozillios RZ #001 -09, CL3#005 -09, SEPA#004 -f CURRENT ZOk. John and Patricia Tate i I SR Suburban Residential — , ~� Rezone from R -1 to R -2 and establish I R-1 Single Family Residential I F R-2 Two - Family Residential - a transitional care facility. - R-3 Multi - Family Residential B -1 Professional Business f 420 South 32nd Avenyue - B-2 Local Business r ._ = HB Historical Business I SCC Small Convenience Center � � � ' ♦ Subject Property - LCC Large Convenience Center _ Limits CBD Central Business District r - City Limits GC General Commercial i i M -I Light Industrial 1 AS Airport Support I I I,, i I f I i J I I i i I .1 i I I I � _1 i �� 1 1 I -J T STREET — - m I ; -- - I CHESTNUT AVEE SI N U - -- iW ._) — ` I _ X el • m 1- Q W _ y Z ' ' ' O ON Z O m a x -- T — z L. J O TIETON DRIVE - - 'i 6 4 X , . ) �. - — � A o T — -- . qzk ?.. . A ---' 7 \ O° ,....„ _____ ,_ __. ,.., ._ _ , _ _ _ 1 co i Webster Ave - w W (n - -- u> WEBSTER in IT- - - ---- - <9 0 PP O 4pV —__ _ _ c -__.. _ - . N - N 1 —T -- - - - \ - -- D ARLINGTON Scale °_ City of Yakima, WashingtotiNDEx ,v°` Y # I e n I • , - 200 400 11, 2009 ti ,, • 403 4061/2 406 403-2 Current - a Co o Yakima 405 -- 405 406 I 405 Zoning = — _ o - Water & Sewer 408 _ 1- . co 407 1 407 408 w 407 - c a r c 1 .o 3305 410 0 cr, r 409 409 Z 410 ; CURRENT ZONING - ea N Water Lines 412 — 413 411 412 H SR Suburban Residential 1 r....) L 415 414 1• all R-1 Single- Family Residential • 1 6 M N Sewer Lines 417 Cr) o Q . m W C , 417 416 R-2 Two-Family Residential O O I rrigation Main � J 8 3209 111 R- Multi- Family Residential Z # 418 c�I CO 3311 3303 3301 B-1 Professional Business - 3207 ■ B-2 Local Business 1111 HB Historical Business O 0 1 2 • 0 - 0— t; l ii SCC Small Convenience Center 8. 0 g, 0 1 0 C n 0• 1 v 601 602 6_ 0 3308 � � 601 0 II LCC Large Convenience Center j i 602 601 3106 602 0 ..1 . CBD Central Business District 605 606 — 7 4 _ ' _ -- 1 ( GC General Commercial — y 03 {k 6 ` 606 � 607 605 606 605 M 1 Light Industrial � � w �o ~ � ~ Atr 611 606 0 (_6_____,I o • _ o 611 610 607 AS Airport Support N — gib 615 111 RD Regional Development - OT' 616 613 615 " - 614 609 Subject Site — I 6 Fl LE NO: RZNOO1 -08,CL3#OO5 -08, SEPA*O04 -08 J ` - lJ - I I APPLICANT: John and Patricia Tats - F lit, �. " Digital - ' Land Use s < `w,� + o Orthophoto w . _ p ' *. 7 _ n- Mosaic of Dig 1111 _ r rt P y Z 4 =' ; 1 IF , « flown 08/01 /2002 LJJ Subject Property N FUTURE LAND USE * 1 . i t y < 1 • � � t r Ch Low Density Residential ., i a �' ` ^ x q v S r .• � 'r�i i , 0 tY - �� j Medium Density Residl t : r ., i i • High e th » � �• . . mo w _ f . Neighborhood �• r, � f Y J r i! I ttt h t r k �U RAT V ° S a Large Convenience Center m 1�+r 7 ° � - �' i ! Arterial Commercial ` .' A M - OM , I . • CITY OF YAKIMA I. CBD Core Commercial < .- ,t ' r - ti. ' !ll i = 1 � '• i DEPARTMENT OF COMMUNITY AND Q� Industrial ' 6+�'+ h r { � P 4...- ";,5 .^ -fir �, 4 T ECONOMIC DEVELOPEMENT i , O � II Regional Commercial Y� O v ., 4 1 I , 129 North Second Street . �" 4 j �` Yaa, Washingto 98901 Urban Reserve 1 Phone: kim (5091575-6113 n H Subject Site a, t - - e ••.. r Fax: (5091575 -6105 aaja i , ' _ _ All maps shown at 1" = 200ft / C _ 0_4b, a One page Atlas: fate Created: February 11, 2009 JOHN AND PATRICIA TATE RZ #001 -09, CL3 #005 -09, SEPA #004 -09 EXHIBIT LIST CHAPTER D DST Review k D® : C w DATEt' `».I �NbEj �( �. l? \'1/?!J`�X�.tf1 '�. , .� ..v .o' a`s`' � 'v �"' t a '• � �,`r"'�'r�` 'sa '`k .�. ,. � � : � D -1 DST Request for Comments and Distribution List 02/23/2009 D -2 Comments from Sandy Cox, Plans Examiner II 02/24/2009 D -3 Comments from Carolyn Belles, Code Administration 02/27/2009 D -4 Comments from Yakima Air Terminal 03/06/2009 D -5 Comments from Randy Meloy, Engineering Division 03/09/2009 D -6 Comments from Shelley Willson, Utility Engineer 03/09/2009 D -7 Comments from Mike Shane, Water /Irrigation Engineer 03/10/2009 D -8 Comments from Mike Antijunti, Development Engineer 03/10/2009 D -9 Comments from Hasan Tahat, Yakima Regional Clean Air 03/10/2009 Agency D -10 Comments from Hasan Tahat, Yakima Regional Clean Air 03/12/2009 Agency D -11 Comments from Pete Hobbs, Utility Services Manager 03/25/2009 D -12 Comments from Joan Davenport, Planning Manager 04/02/2009 D -13 Comments from Gwen Clear, Department of Ecology 03/16/2009 D -14 Comments from Yakima Air Terminal 03/26/2009 �.... I I..v ∎,N., 1.,...,.,SJ,14 iunimunii ieiii1+1I 1 LeVVt3 /VVd DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CU 1 �' Planning Division rihk 129 North Second Street, 2nd Floor Yakima, Washington 98901 YAKIMA AIR TEF.MLNAI� �' , j j - (509) 575 -6183 • Fax (509) 575 -6105 • www.ciAyak .f g,s 0 4 w GTON AVE. YAKIMA, WA 98903 2009 r f;ITY OF YAKlMA; PLANNING DIY u i 7 -91 /P -1--). ) NOTICE OF DETERMINATION Washington State Environmental Policy Act (SEPA) March 20, 2009 On February 25, 2009; the City of Yakima, Washington issued a Notice of Application and Environmental Review regarding an application submitted by 7anil7Patricia'Tate to rezone a parcel of land from - Single - Family Residential (R =1) to Two - Family Residential (R -2). The rezone will be in compliance with the Yakima Urban Area Comprehensive Plan's Future Land Use Designation. The subject property is located at 420 S. 32nd Avenue, Yakima, WA. Parcel Numbers: 181322 -44051 Cary File Number: EC #4 -09 Following the required 20 -day comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Determination and issuance of a Determination of Nonsignificance (DNS). The SEPA Determination may be appealed within 14 days from the date of this mailing. The appeal period ends at 5:00 PM on April 3, 2009 Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 N. 2nd St., Yakima, Washington, accompanied by a $505,00 appeal fee. For further information, please contact Kevin Futrell, Assistant Planner at (509) 575 -6164. - _ a ,„, J Davenport Planning Manager Notice of Decision Mailing Date: March 20, 2009 Enclosures: SEPA Determination ofNonsignificance, Vicinity & Mailing Maps, and Site Plan ®Vb. Yakima • INDEX ;i �y # 0. i l ' 1794 } cTAT f 4iT y • W 1869 r' STATE OF WASHINGTON RECEIVED DEPARTMENT OF ECOLOGY H 15 W Yakima Ave, Ste 200 G Yakima, WA 98902 -3452 G (509) 575 -2490 MAR r H 1 6 2009 CITY OF YAKINi March 13, 2009 PLANNING DIV. Joan Davenport City of Yakima Dept. of Community Development 129 North 2nd Street Yakima, WA 98901 Dear Ms. Davenport: Thank you for the opportunity to comment during the optional determination of nonsignificance process for the rezone and placement of a convalescent /nursing /group home facility. The project is proposed by John and Patricia Tate [RZ 1- 09 /CL3 5- 09/EC4-09]. We have reviewed the documents and have the following comments. Water Resources The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44.100 RCW. Information for the applicant: If you plan to use water for dust suppression at your site, be sure that you have a legal right. A water right permit is required for all surface water diversions and for any water from a well that will exceed 5,000 gallons per day. (Chapter 90.03 RCW Surface Water Code and Chapter 90.44 RCW Regulation of Public Ground Waters) If in doubt, check with the Department of Ecology, Water Resources Program. Temporary permits may be obtainable in a short time - period. The concern of Water Resources is for existing water rights. In some instances water may need to be obtained from a different area and hauled DOC. INDEX c -13 Ms. Davenport RECEIVED March 13, 2009 Page 2 of 2 MAR 1 6 2009 CITY OF YiKiivi1, PLANNING DIV. in or from an existing water right holder. If you have any questions concerning the Water Resources comments, please contact Breean Zimmerman at (509) 454 -7647. Water Quality Project Greater -Than 1 Acre with Potential to Discharge Off -Site An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of 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 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 coverage and erosion control measures must be in place prior to any clearing, grading or construction. More information on the stormwater program may be found on Ecology's stormwater website at: http: / /www.ecy.wa.gov/ programs /wq /stormwater /construction/ . Please submit an application or contact Lynda Jamison at the Dept. of Ecology, (509) 575 -2434, with questions about this permit. Sincerely, • �L 1:_2.a Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575 -2012 205 DOC. INDEX 1 ��(� Page 1 of 1 • Futrell, Kevin • From: Davenport, Joan Sent: Thursday, April 02, 2009 10:55 AM To: Futrell, Kevin Subject: DST Comments for Tate Rezone & Class 2 Kevin - Tieton Drive is classified as a 4 -lane Minor Arterial Street that carries an average of 15,400 vehicles daily. 32nd Avenue is a 2 -lane Minor Arterial street that carries an average of 4,100 vehicles. daily (and is in the process of a downgrade of the Functional Classification to a Neighborhood Collector Street). The intersection of 32nd Avenue and Tieton Drive is signalized, with left turn protection. I have no specific comments regarding expected traffic comments related to a rezone from R -1 to R -2 for this lot. The proposed use consists of a "transitional care for up to 5 medically fragile children with two staff members ". In addition, the project narrative states that the facility may provide sleeping quarters for families on the second floor of the facility, if feasible. A minimum of 6 parking spaces are recommended for this facility including one ADA accessible space. A single driveway (currently existing) from Tieton Drive is planned to be utilized for this project. Joan Davenport, Planning Division Manager Department of Community and Economic Development Yakima City Hall 129 North 2nd Street Yakima, WA 98901 (509) 576 -6417 jdavenpo @ci.yakima.wa.us DOC. INDEX 4/2/2009 Thursday April 2, 2009 08:36 2 N t7sd .f ._, } 2 . 4 Pad y $$ , / Appiica.i.o i { y } :� ai et. l . L GENERAL 03/25/2009 PHOBBS 03/25/2009 Comments 18132244051 RZ #001 -09 DOC INDEX http: / /citymmsap: 7778/ forms / Pei rnitAttachments /html_out /Remarks.html 4/2/2009 YAKIMA REGIONAL $ fir a' ' irk4 r s : AGENCY ' � ; 329 North First Street, _Yakima t.V4 98901 • Phot (509)834-2050 1�'u (x°09) 834 -21)60 ' �� r - �`nc . g • -� 1 1'C_1)Sr1L: httlr:// H% 1d�lt ?.► =al;ur6ncic:urJrur�.c�r;, MAR 1 2 2009 March 3, 2009 CITY OF YAKIMA PLANNING DIV. Mr. Kevin Futrell, Assistant Planner City of Yakima, Department of Community & Economic Development 128 North 2 " Street, 4th Floor Courthouse Yakima, WA 98901 RE: EC #6 -09 — John a. Haas Dear Mr. Futrell: Thank you for providing the Yakima Regional Clean Air Agency (YRCAA) the opportunity to review and comment on EC #6 -09 – Proposal to construct three hops related agricultural buildings in the M -1 zoning district totaling 20,421 sq. ft. to be located at 1710 River Rd., Yakima, WA. Following review YRCAA has the following comment(s): 1. Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust Control Plan with YRCAA, prior to the start of any of the work; and 2. A New Source Review (NSR) may be required for the ISO expansion. The proponent must contact YRCAA for further information. Thank you for the opportunity to connect with the city's continued support-in- protecting the air quality in Yakima County. Best reg. e + � L,% %i Hasan M. Tahat, ' h.D. Engineering and Planning Division Supervisor Cc: File DOC INDEX o r I O YAKIMA REGIONAL -4# 4;1"4 E 9 ,k I im fir f t r , AGENCY . -� �� < ` 329 North First Street, Yakima' i It 1 98901 : 47 , ' 1 Phone: (509) 834 -2050 1 a:�: (509) 834 -2(160 �� > w eF � f' � ° ��� l'e1)si(e: hr/p: //N w i . J okiia n n c /eaair. or ' March 9, 2009 RECEIVED Ms. Joan Davenport, Acting Planning Manager ��AR. 2009 Planning Manager CITY OF YAKRA City of Yakima PLANNING DIV. 129 North Second Street, 2nd Floor Yakima, WA 98901 RE: RZ #1 -09, CL(3) #5 -09 & EC #4 -09 — John & Patricia Tate Dear Ms. Davenport: Thank you for providing the Yakima Regional Clean Air Agency (YRCAA) the opportunity to review and comment on RZ #1 -09, CL(3) #5 -09 & EC #4 -09 – Proposal to change the zoning from Single- Family Residential to Two - Family Residential for property located at 420 S. 32 Ave. Following review YRCAA has the following comment(s): 1. If the rezoning is approved a Notification of Demolition and Renovation (NODR) will be required; and 2. Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust Control Plan with YRCAA, prior to the start of any of the work. Thank you for the opportunity to connect with the city's continued support-in- protecting the air quality in Yakima County. Be regards aft Hasa M. a at, ' h.D. Engineering and Planning Division Supervisor Cc: File DOC INDEX City of Yakima Engineering • Memorandum • • Date: March 10, 2009 • To: Kevin Futrell Assistant Planner From: Mike Antijunti Development Engineer Subject: DST # 0902.06 John & Patricia Tate 420 S. 32nd Ave. • Kevin, The developer is proposing to rezone this parcel of property from R -1 to R -2 zone. An environmental review is also being done on this property. Engineering has no comments for this development. • Mike Antijunti Development Engineer City of Yakima (509) 576 -6608 • DOC. INDEX • Water /Irrigation DST Comments Applicant: John and Patricia Tate Comments Sulbmitted By: Location: 420 S. 32nd Ave. Mike Shane, Water /Irrigation Engineer - 576 - 6480 - Parcel #: 18132244051 Division: - Date: 3/11/2009 Water /Irrigation Division 1= primary review I 2= secondary review Development Description: RZ #001 -09, C .3 #005 -09, SEPA #004 -09 - Rezone one parcel from R -1 to R -2 and establish a 8 ' kg convalescent, nursing and group home. ill 3 � E WATER & IRRIGATION existing water location, size, etc. There an existing looped 12" waterline in S: 32nd Ave. There's an existing looped 6" and 8" waterline in Tieton Dr. Site has one 3/4" water service and meter. Site is located in the Mid Level 1 2 pressure zone. Static pressure is approx. 61 - 69psi. 1 2 water extension necessary, size NA I ' fire hydrant There's an existing fire hydrant located at the southeast corner of S. 32nd Ave. and Tieton Dr., and one locate6l at the southeast corner of Voltaire and Tieton Dr. All new fire hydrants or fire 1 2 2 sprinkler requirements to be determined by Codes and Fire Dept. 2 1 new public easements No 1 2 LID/connection charges Only if an additional or a larger water service /meter is required. 2 1 service installation charges Only if an additional or a larger water service /meter is required. 1 1 public/private system All on -site waterlines are private. 1 2 2 Fireflow calculations Looped 12" waterline - 5,000gpm WellHead Protection Area No Irrigation System Site is within the City of Yakima's W. Walnut Irrigation district. Site has an existing irrigation 2 service. Misc. Comments If additional plumbing fixtures are being added as part the improvements, a complete plumbing fixture count should be provided to determine the adequacy of the existing water service and meter size. 2 i -- �m0 X• Mike Shane 3/10/2009 CITY OF Y IMA — PUBLIC UTILITIES ' ;PARTMENT r i DOMESTIC WATER DIVISION — SKETCH CARD Address 4: D sc-::: (..) : i I'' ..' ' . Lot Block in , 1 Addition . , . Date Installed Order No. 14,/,") _:5 355 1 EA. 3 4" COPPER SERVICE 47 $ q p i , _ , \ Pavement (width & type) Main (size & location) , -,,,' - 7 . i' 7--- ,-,- ---' z•4/. -- - :"---•-,,--••-• . . - Location of Tap 7 --= 4 A / 0 f - r .- 7 II; ' :. : .., ' . . i ' i P.- ' ■ I ' ; 77: 7 Material (size & type) Meter Location Original Meter No. Date Drawn /- FORM 5, AUG '62 — 3M MAP ON OTHER SIDE YAKIMA BINDERY & PTG. CO 231343 .., i , I 1 1 ', \ 1 • __ ) _ ; - ' ,.‹.....,....''''' ' - ,,,•_, . _._.,...,,, :47_1 ',...-- - ' 1 _ * ---I \ \\..,,,........... 20/4 ----, . icri - a — 1 ------, . , 1 _ — __ _-...._ ..; . i .,.. , , ---- , ,-. . — 5 L. :: • /2 c-- : "1. _ t 7 - - . ....) --, - i _ .__________T :-- 6 —4— FACE Of CUR43 ,,-"' . ..____,_ I cot,c ii. . 1 . -1‹ V _____ -......-«...... ! L '■ / 1 / ) r..7 1'0 I 1,■,i I — IAi .1): .57 4 I I ; . 1 1:) 0 C I, 7 C Li X 3 .f.' P.! V i 1: 1 . t : t — P ;,:-,' C 6 PP ::,K ,.<.!' , DOC INDEX . • # n_i Wastewater Division 2220 E. Viola /IN Yakima, WA 98901 ri r DATE: March 9, 2009 TO: Kevin Futrell, Assistant Planner FROM: Shelley Willson, Utility Engineer SUBJECT: RZ #1 -09, CL(3) #5 -09, EC #4 -09 PROPOSAL: Environmental Review and Rezone of property LOCATION: 420 S. 32 Avenue PARCEL # 181322 -44051 Wastewater has no wastewater related comments regarding this proposal. Existing wastewater easement to be retained is shown on application. Public Utility easements for wastewater pipes shall allow for access of wastewater equipment to all sewer manholes and clean -outs. A proper surface to accommodate these vehicles shall be provided and maintained by the property owner. Access shall not be blocked by fences. The property owner should not plant landscaping or construct permanent or temporary structures within the easement. In the event that access or repairs cause the removal of any fences, structures or landscaping, the property owner shall assume the risk and costs associated with the removal and /or replacement. In addition, the owner shall assume all liability for any claims filed in association with property damage caused directly from a sewer back up from the sewer pipes in which the City's access was blocked or hampered by the property owner. DOC. INDEX # f? jo 1 \1.,I11Q11 \J ra c 1 01. 1 Thursday April 2, 2009 08:39 • �( 3 dtl k + .: . i iced - ?: a Vii& End .a x � i3£:;.7'83n }pt ij ilt:, €NI • ra e .t T; a..: fps• 1).ii. The proposed additions at this residential property are DST 03/09/2009 RMELOY 03/09/2009 below 5,000 18132244051 RZ #001 -09 COMMENTS square feet and it is not a high use site. There are no drainage requirements. • • • DOC. INDEX • • • http: / /citymmsap: 7778 / forms/ PermitAttachments /html_out /Rernarks.html 4/2/2009 0J/06/2008 15:40 15095756185 03/06/2009 14:40 FAX 1509575 '5 VakimaAirTerminal j Z 001/004 .T- - DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ;: , Planning Division , . 129 North Second St ' ' - ima, Washington 98901 $ 0 r 11, `.J .: (509) 575 -6183 • F . 509) 575 -6105 www.ci.yakima.wa.us _ X Ft A 1t .f . CITY OF YAKIMA YAKIMA. AIR TEP,IVIINAL NOTICE OF APPLICATION FOR ENVIRONMENTAL RE WASHINGTON AVF. AND PUBLIC HEARING YAKIMA, WA 98903 February 25, 2009 pd 411071v1'1 To: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners '*------- From: Joan Davenport, Planning Manager Subject: Notice of Application for an Environmental Review, Rezone, & Type (3) Review NOTICE OF APPLICATION � k C Project Applicant: John & Patricia Tate, 11 N. 59th Avenue, Yakima, WA % 6 � D ' . y Project Location: 420 S. 32nd Avenue, Yakima, WA < �� � L /4 , 4 ?ei 6 9 . Assessor Parcel No: 181322 - 44051 ® /!!� City File Numbers: RZ #1 -09, CL(3) #5 -09, & EC #4 -09 Project Description: The City of Yakima, Department of Community & Economic Development, received an application for an Environmental Review, Rezone, & Type (3) Review. The applicant proposes to change the zoning from Single - Family Residential to Two - Family Residential. A Class (3) land use for a "convalescent, nursing, and group home" facility is associated with the requested rezone. The applicant is requesting the rezone to enable them to apply for the "convalescent, nursing, and group home" facility as a Class (3) land use. The proposed Rezone does not require a Comprehensive Plan Amendment to complete the Rezone, because Two - Family Residential zoning is compatible with the Low Density Residential Future ' Land Use Designation. NOTICE OF ENVIRONMENTAL REVIEW This is to notify private agencies with jurisdiction and environmental expertise and the public that the City of Yakima, Planning Division, has bocn cstablishcd as the load agency, pursuant to the Washington State Environmental Policy Act (WAC § 197 -11 -926) for the above stated rezone. The City of Yakima has reviewed the proposed rezone fir probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS). The Optional DNS process in WAC § 197 -11 -355 is being used. The proposal May include mitigation measures under applicable codes regardless of whether an EIS is prepared. A copy of the subsequent threshold determination may be obtained by request and may be appealed pursuant to YMC § Yakima DOC INDEX 1 - F # ' ,9va l , DEPART DEPARTIOT OF COMUNITY AND ECONOMIC DEVELOPMENT Office of Code Administration 129 North Second Street, 2nd Floor Yakima, Washington 98901 e ,` (509) 575 -6126 * Fax (509) 576 -6576 MEMORANDUM Date: 2/27/09 From: Carolyn Belles, Code Administration Office Supervisor Re: RZ #001 -09 This proposal does not appear to require an address change. Thank you. • • • DOC. INDEX # 0-3 February 24, 2009 To: Kevin Futrell From: Sandy Cox Re: Tate — RZ #1 -09, CL(3) #5 -09, EC 4 -09 420 S 32n Ave Mary Valladares and I have been through this structure with John Tate asking that he renovate the bathroom on the main floor for handicap accessibility. There is a room on the first floor that if any of the parents were disabled, they could be accommodated easily in that room. Mr. Tate told us that he would be constructing a ramp for the ease of getting patients, medical beds and equipment inside the structure. This will also serve for accessibility for a disabled person. He will also be installing a fire alarm system. Plan review, permits and inspections are required prior to occupancy per Section 105 of the 2006 International Residential Code. DOC. INDEX # Q ,) -DST Distribution L . Applicant: john Tate File Number: RZ #1 -09, EC #4 -09, & CL(3) #5 -09 Date of DST Meeting: March 11, 2009 Assigned Planner: Kevin Futrell City of Yakima Divisions and Yakima younty Public Services 1,' Codes , . Joe Caruso V 13 Fire Department ' ' Ron Melcher</ 2 Codes Sandy Cox V 14 Traffic Engineering Joan Davenport" ' 3 -Codes „ ' Carolyn Belles- "15 Utility Services, : ` .:Pete Hobbs, 4 Codes Jerry Robertson 16 Parks and Recreation Ken Wilkinson 5 Codes':::.' , _ „', , ;Royale Schneider 17 Transit .'•- • ', ,' , Ken Mehin : 6 Codes Nathan Thompson ✓ 18 Transit Gary Pira ,'7 : Codes : ' _, - :Mary Vailadares:, j. 19 ' Police Department „` ; Greg Copeland 8 Engineering Mike Antijunti / 20 Refuse Nancy Fortier 9: : Stormwater Engineer, , - . Randy Meloy 21 Yakima County'P.ubh Svcs Vern •Redifer' 10 Water /Irrigation Mike Shane / 1 22 Yakima County Planning Steve Erickson ;11 ',Wastewater • ' `' • . • Wastewater V / 23 911 CimitiriiinicatiOris ' ' Wayne Wantland: 12 Wastewater Shelly Willson V 24 Other Agencies Committee for Downtown' Yakima ,James Stickel P :O: Box 9668,, Yakima 98909 Committee Manager - CDY Manager P.O. Box 881, Yakima 98901 . ,Yakima Tieton'Irrigation District • : ,Rick DiekerfJohn;Dickman• , ,470 Camp: 4,Rd,.Yakitna; WA 98908 Nob Hill Water Jenna Leaverton 6111 Tieton Drive, Yakima 98908 , Yakima County Health District,; _ Art McKuen; • • _ `1210 Ahtanum Ridge Dr, Union Gap 98903-.' WA State Department of Ecology Gwen Clear 15 W Yakima Ave Ste #200, Yakima 98902 No Yakima Soil Conservation' District 'Ray, Won'dercheck '` ..1606 Perry St•Ste:F, Yakuiia- 98902 , Pacific Power and Light Co. Mike Paulson 500 N. Keys Rd, Yakima 98901 we . __ `: Q - '. , ' : Tom : 1 .. _ South ' .2nd Ave.Rm304,1Yakima 98902, -:; Cascade Natural Gas Co. Sheila Ross 701 South 1St Ave, Yakima 98902 Yakima School: District #7, Ben Soria 104 North 4th Ave Yakima 98902 West Valley School District #208 Peter Ansingh 8902 Zier Rd, Yakima 98908 Charter Communications - ' Kevin ChilcoteS. ; ` ' '1005 .`North 16t:Ave ;.Yakima 98902 County Clean Air Authority Gary Pruitt 329 North 1st Street, Yakima 98901 Yakima Waste.Systems Scott Robertson , x'2812 terrace Heights Dr, Yakima 98901 Yakima Greenway Foundation Al Brown 111 South 18th Street, Yakima 98901 US Post Offi • Colleen .Ellingsworth �.,. 205 West Washington Ave,' Yakima 98903 • Yakima Valley Canal Co. Robert Smoot 1640 Garretson Lane, Yakima 98908 • Department of. Wildlife , , ' ,1701;South 24th ' Ave, Yakima 98902 - ' Department of Natural Resources 713 Bowers Rd, Ellensburg 98926 WSDOT (Dept of Transportation) Sal* A1 -Tamin ' ,•2809 Rudkin Rd, Union Gap 98903 Department of Fisheries Eric Bartrand P.O. Box 9155, Yakima 98909 Yakama Indian Nation Aja;Decoteau •:-P ;O: Box 151, Topper sh 98948 - Yakima Airport Manager 2400 West Washington Ave, Yakima 98903 Trolleys , ,,, ; . Paul Edmondson 1 313 North 3rd Street, Yakima 98901 City of Union Gap Bill Rathbone P.O. Box 3008, Union Gap 98903 . WSDOT;•AviationDivision John Shambaugh .: ' P;O «Box 3 Arlington WA,98223 Governor's Office of Indian Affairs PO Box 40909, Olympia, WA 98504 'Ahtanum'Irrigation District Beth. Ann Brulotte PO-Box' 563,Yakima,`•WA. 98907 Yakima - Klickitat Fisheries Project John Marvin 771 Pence Road, Yakima, WA 98909 DOC. Updated as of 02/12/09 ' REQUEST FOR COMMENTS To: City of Yakima, Development Services Team From: Kevin Futrell, Assistant Planner Date: February 23, 2009 Subject: Tate - RZ #1 -09, CL(3) #5 -09, EC #4 -09 Proposal: Environmental Review & Rezone of a parcel of property zoned R -2 Location: 420 S. 32nd Avenue Parcel: 181322 -44051 Please review the attached site plan and prepare any written comments you might have regarding this proposal for an Environmental Review, Rezone (From Single - Family Residential to Two- Family Residential), and Type (3) Review (to operate a `convalescent, nursing, and group home" facility). The proposed group home does not meet the definition of family. This project will come up for discussion at the weekly DST meeting to be held March 11, 2009, at 9 :30 a.m. Should you have comments, but find you are unable to attend please submit your comments prior to the meeting. Your comments must be received by March 13, 2009, to be considered. If you have any questions regarding the proposed development, please call me at (509)575 -6164 or email me kfutrell @ci.yakima.wa.us. COMMENTS: Contact Department / Agency DOC. INDEX • JOHN AND PATRICIA TATE • RZ #001 -09 CL3 #005 -09, SEPA #004 -09 EXHIBIT LIST CHAPTER E SEPA Checklist F ENT m DACE ./� d , DOC INDEX , s W21-4 3w e e .. ...� 4 Y �.. = ' rp a� #a te E -1 Environmental Checklist 02/10/2009 • • REQUIRED ATTACHMENT: '4 p.. 1 4' p ' ENVIRONMENTAL CHECKLIST RECEIVE; , • i C; �,� � £. STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 197 -11 -960) EES 1 � QOOYnTEO X15 2009 CHAPTER X 6.88, YAKIMA MUNICIPAL CODE (YMC) CITY OF Y�AKIMA PURPOSE OF CHECKLIST The State Environmental Policy Act (SEPA), chapter 43.2 IC RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (arid to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. :USE-OF CHECKLIST FOR NONPROJECT PROPOSALS Complete this checklist for non - project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non - project actions, the references in the checklist to the words "project," "applicant," and "property or site should be read as "proposal," "proposer," and "affected geographic area," respectively. A BACKGROUND INFORMATION (To,be c ompleted b the applicant,) 1. NAME OF PROPOSED PROJECT (if applicable) f< D / f/, /= - L, 2. APPLICANT'S NAME & PHONE ,14A 'j ,..,� � (5 9,9i') ; /6 - 2.4.1"/:0,) 3. APPLICANT'S ADDRESS // / / / `; 7.& 4 vF ,� p / � ) 0 . 9Y9B` 4. CONTACT PERSON & PHONE • ' , j, ' _ ( �'' 9/6- / 4 ( 5. AGENCY REQUESTING CHECKLIST / 7,i Q, I a / /Pa 6. DATE THE CHECKLIST WAS PREPARED 5/ °'G? 7. PROPOSED TIMING OR SCHEDULE (including phasing, if applicable) � /,, ....:' ,5� as d51 ' / bf e INDEX Revised 10 -98 1 E —1 page 1 of 10 emosmammirmoremems • BACKGROUND QUESTIONS (Attach if Lengthy) 1. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. EXTe-k-Ane / 6,1 j/E 6X/5T/ /V6 OZ P61? Gib /c/ 7u 6XP /M' EW1.9 ket 6& / B 6g 2 r7 P/ p /Na To /S?/ /v' s`frep c'/ ` MiT'Ck/OR - eh? rc ACC 63s /UGC a d, / FGo /14 /Ns Mu. /QGf9 i14 57M. (P/G /AtT Pc- -/=gym s# cx ) 2. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. NOR6 /M5 S5cAc Pi? , ,% -b 42 7 !/fh° BC e ,Wir' . N. P //S PRO PPs L, . • 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. RECEIVED A✓O FEB 1 2009 CITY OF YAKIMA PLANNING DIV. 4. List any government approvals or permits that will be needed for your proposal, if known. /94/ / E-9/4/ /<W > / T Got P/h e, nce -55S /,6266 /?4'71,9° / icloare /9GT672n 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.) 056 STie(,le9loeG (6x/sr/A/o 2 610Ee HaZ/se)'d2 / T k'f3ft s/7 ,N/44 C' 2G fbe G / Tv /�0 r /i' (5) 6/2 ,= eIt ' ff5D /C0 , G5- P/ L Chi /4D26// Tlf 744* ,s/ / ",7e4' / S /=/206 //Os,/ l29-L, 56777A' T6 7x/5 C / /G,95 h'OMG ode s/D ,. 6. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 7'1/8 5TIZGIGTij/?6 ,5v b67 itottokeSs /S,' `/ ?-D 4 ye , saki .4 /a ®Z, Tom& TAX '1' Z A40/3.62.15 i r/ 3Z2 - INDEX page 2 of 10 • •I 1 B. ENVIRONMENTAL ELEMENTS (To be completed by applicant) : Space Reserved for 1. Earth Agency Comments a. General description of the site (V one): flat E rolling ❑ hilly ❑ steep slopes ❑ mountainous 111 other N/A FEB [009 CI O F YA b. What is the steepest slope on the site (approximate percent slope)? PLANNING DIV 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. 5/4- T 54/1/oci 5/ T /V p, 4•140 d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. /d e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. ✓tT Pe0eaCa P/5 /V AG& f. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. 4/6 g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? d z- h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 7Vc/1/5 MVP C/ 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. MSG /7440/2/7 • I'61//C4-6 6)2?/ .r 'c f S b. Are t a o f -site sources o emissions or odor that may affect your proposal? If so, generally describe. DOC. c. Proposed measures to reduce or control emissions or other impacts to air, if any: INDEX /J Iyv//iE,l„� ea/v s 7/ iV P//,!I , F f ! / c t .�[�f 1 0 E. — l� J�` 4'&Z) f) pp P`r t page 3 of 10 _ 1 Space Reserved for 3. Water Agency Comments a. Surface: R ECEIVED 1. Is there any surface water body on or in the immediate vicinity of the site (including FEB 1 0 2009 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 CITY OF YAKI fl9 into. PLANNING DI's AO 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. N 3. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. A/6 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. A/0 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A A/U 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. /V6 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 chemicals...; 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. c. Water Runoff (including storm water): ®OC. 1. Describe the source of runoff (including storm water) and method of collection and INDEX disposal, if any (include quantities, if known). Where will this water flow? Will this # water flow into other waters? If so, describe. r s /Df r �i 57okRev t /�r�° /t7 9 /ir/Q /.,C/ //V 4.nivQSC 0 6 , page 4of10 'r t 2. Could waste materials enter ground or surface waters? If so, generally describe. Space Reserved for Agency Comments RECEIVED d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if an EEB 1 0 2009 / /V (/ / /,'')/1 101/fiG GU//df f/ C,eMT / P/ 7 ttRei2 CITY OF YAKiitom PLANNING DIV. 4. Plants: a. Check (✓) types of vegetation found on the site: /i)1jy7jG. deciduous tree: ❑ alder ❑ maple ❑ aspen f other Z. /;Q<( ,, %' evergreen green: ❑ fir ❑ cedar ❑ pine E othernspiyipk shrubs R63 7 ✓7 //r6. 4 " / Ll��Se'/',. / 1i/�,,�r r grass R6/ °o+,�''fqmt. 4,5 gei por) ❑ pasture crop or grain wet soil plants: ❑ cattail ❑ buttercup ❑ bullrush ❑ skunk cabbage ❑ other water plants: ❑ water lily ❑ eelgrass ❑ milfoil ❑ other other types of vegetation: b. What kind and amount of vegetation will be removed or altered? 4// f � l/) ,�, S rChietifeS aeSA P/94e #4 IMO c. List threatened or endangered species known to be on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Ifro M/ //P t 6X/57/4/ G '.' PS' C i b' 06990 M 5. Animals: a. Check (/) any birds and animals which have been observed on or near the site or are known to be on or near the site: 1) birds: ❑ hawk ❑ heron ❑ eagle ❑ songbirds r other /f) t' r `J: { /f 2) mammals: ❑ deer ❑ bear ❑ elk ❑ beaver i other me 77(T 5 /6S 3) fish: ❑ bass ❑ salmon ❑ trout ❑ herring ❑ shellfish ❑ other /1/ON b. List any threatened or endangered species known to be on or near the site. c. Is the site part of a migration route? If so, explain. A/D DOC. INDEX d. Proposed measures to preserve or enhance wildlife, if any: # E — M(4 / / /1,(0,e7 / r / / P/S. T �ii/1�VSC / fl4 , page 5 of 10 6. Enemy and Natural Resources Space Reserved for Agency Comments a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet RECEIVED the completed project's nergy needs? Describe whether it will b used for heating, FEB manufacturing, etc. (MD 0 /L , t 5 75 j/B S4 i' 6X/ST/4/4 6X/ST/4/4 /?6: /l± '6 772(C - '� a Zoos Prin - /A /A/ C/Sls, CITY OF YAKIM b. Would your project affect the potential use of solar energy by adjacent properties? If so, PLANNING generally describe. GIB' N CJ 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: / eX / 577474 5'72 / erze, 1 f/,1/ Ti)//^/eV 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. A/6 1. Describe special emergency services that might be required. ADA'er G /E62), 2. Proposed measures to reduce or control environmental health hazards, if any: b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? 2. What types and levels of noise would be created by or associated with the project on a short-term or a long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. A4)/56 (4W& 5 l- S )77294' T o /GAL / tic/M7/7/ 74 1 Proposed measures to reduce or control noise impacts, if any: 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? ROSA06 - 4/ 7 / /3e C erS/ 11/ OS7 1 ) b. Has the site been used for agriculture? If so, describe. Y63 ' — ay/m/06 -p 70 /WS / so_s. c. Descnbe any structures on the site. 0) Rez /P ce_ (2) W l' DOC. d. Will any structures be demolished? If so, what? INDEX 0 l U l �/0�M, v ck iwki/v /7 # E.-1 e. What is the current zoning classification of the site? Page 6 of 10 f. What is the current comprehensive plan designation of the site? Space Reserved for loin p oWs 1/ / Resibalipfr Agency Comments g. If applicable, what is the current shoreline master program designation of the site? RECEIVED /17//9 h.. Has any part of the site been classified as an "environmentally sensitive" area? If so �Eg 1 d 2009 specify. WO CITY OF YAKIMJ i. Approximately how many people would reside or work in the completed project? PLANNING DID. — (AP 70 C/ fr ( PST /6"/Yr cr7 /(4 ' / IV TEM!'dem Ra /Pc/VC, Tiip/Chi y halo (z) STAFF /1 uP i? 7wOCz) ADD' 5Ti}Ff j. Approximately how many people would the completed project displace? M4' /265/Dme /5 /YO/ Aorzo 0X..rJ/° /e2? k. Proposed measures to avoid or reduce displacement impacts, if any 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: f}ND WOt /y0 co/yrucT Wip/ ANACg ,v% 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. 4 / c///M b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. 4/04/6" /7`6 eaRei 21 Mr 610540 c. Proposed measures to reduce or control housing impacts, if any: A/O/Ye 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? /� , 4' C// �6' /e //a7 /A' k ,� /',0 /7 /5Z- b. What views in the immediate vicinity would be altered or obstructed ? - Ram< 96. /t N /io Cft1 c. Proposed measures to reduce or control aesthetic impacts, if any: 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? b. Could light or glare from the finished project be a safety hazard or interfere with views? DOC. c. What existing off -site sources of light or glare may affect your proposal? INDEX d. Proposed measures to reduce or control light and glare impacts, if any: /1/01Y6 page 7 of 10 12. Recreation Space Reserved for Agency Comments a. What designated and informal recreational opportunities are in the immediate vicinity? A /d /yr RECEIVED b. Would the proposed project displace any existing recreational uses? If so, describe. /Vd FEB .1 Q 20 c. Proposed measures to reduce or control impacts on recreation, including recreation CITY OF YAKItim opportunities to be provided by the project or applicant, if any: PLANNING 01V A/dA 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. A/O b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. 4/64(0" c. Proposed measures to reduce or control impacts, if any: 4 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. ..,. 3 2' -. n v6 VU6 C T /676N Pei vim' - S577/1/,+" DE/v6 -- &,t e?c/ T //YG 77674' ,G> ?4/ re,e7)7/9/4 /5, b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? - 716 PR/1/6 /S 4 m,,,'v e, T w; 6T Rea i ° . c. How many parking spaces would the completed project have? How many would the project eliminate? • wic D ivAre 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): !/0 e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. DOC. d -- /D •v &-// /CG6' i ' /PS. INDEX P6? VOL m6 nT 3'T . c,/,5J/ 1 �Hf N .� # g. Proposed measures to reduce or control transportation impacts, if any: page 8ofl0 15. Public Services Space Reserved for Agency Comments a. Would the project result in an increased need for public services (for example: fire RECEIVED protection, police protection, health care, schools, other)? If so, generally describe: EE3 0 2009 O/Y . t`i' "' /C' /Para CITY OF YAKIM PLANNING DIV 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. 16. Utilities a. Circle utili ' urrently -avaJ. ble at the site: electricity, atural gas, efu e serviceelephone, sanitary sewer septic system, o r. 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. 4/0 Cier C. SIGNATURE (To be completed by the;applicant) The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. d 0z- 0'6 Signature 4 ,0, ���, At V /` Date Submitted: D SUPPLEMENT SHEET FO ONPROJECT ACTIONS i(To becompleted by,the applicant) (Do not use >the "following for protect 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. 1. How would the proposal be likely to increase discharge to water; emissions to air; Space Reserved for production, storage, or release of toxic or hazardous substances; or production of noise? Agency Comments DOC. INDEX 0 E-- I page 9 of 10 � t Space Reserved for Proposed measures to avoid or reduce such increases are: Agency Comments RECEIVC 2. How would the proposal be likely to affect plants, animals, fish, or marine life? FEB 1 0 2009 Proposed measures to protect or conserve plants, animals, fish, or marine life are: CITY OF YAKiliu PLANNING DIV 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 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? Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. DOC. INDEX • # page 10of10 JOHN AND PATRICIA TATE RZ #001 -09, CL3 #005 -09, SEPA #004 -09 EXHIBIT LIST CHAPTER F Application DOC �� DfJCUlYIENT, DATE' .µ st x k A INDEX t t � F -1 Land Use Application and Narrative for Class 3 Review 02/10/2009 F -2 Land Use Application for Rezone 02/10/2009 • • • CITY OF YAKIMA o .Y \ EB Y 0 2009 •- . F 0 ', LAND USE APPLICATION cery o I ., k 1 ; PLA NNING DIV. f , � ,, U < _ • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT • , ' y, •; i 129 NORTH SECOND STREET, 2 FLOOR ,i ` b ap Gt i ----, 146 ..--7 1 YAKIMA WASHINGTON 98902 = ='`" VOICE: (509) 575 -6183 FAX: (509) 575 -6105 INSTRUCTIONS PLEASE READ FIRST . Please type or. print your answers clearly.. . Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. PART I — GENERAL INFORMATION. ,; 1. APPLICANT NAME J t'J yt /T . 7e frQ 7`-/-;(7./.4._ J, 77 � �� is ? f - Rr h A � / � 2. APPLICANT ADDRESS STREET e , CITY ��k f� /a AND PHONE NUMBER STATE g ..., i 4 ZIP 9{G PHONE(5) 9 3 _/q MESSAG1 ft 9) 9/0. i j 3. APPLICANT'S CHECK i I OWNER E ❑ OWNER REPRESETATIVE INTEREST IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER 4. PROPERTY OWNER (IF OTHER THAN NAME -PV? F } }S ' , PPLI CA/l'7 APPLICANT) , frS 1 5. PROPERTY OWNER'S STREET CITY ADDRESS AND PHONE (IF OTHER THAN STATE ZIP PHONE MESSAGE APPLICANT) 6. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: N/A /3/I22-- �.% 62�-7 7. EXISTING ZONING OF SUBJECT PROPERTY: N/A 8. ADDRESS OF SUBJECT PROPERTY: / 0 I cl f - N/A r f 2© . rif) .� five ) ,'e ,' ,01 j 'l ` f7,..c � Z. 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) �f ❑ Class (2) Use ❑ Environmental Checklist (SEPA) ❑ Right -of -Way Vacation M Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption 1` ?' Rezone ❑ Appeal ❑ Shoreline , ❑ Variance ❑ Non - Conforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other — Comp Plan Amendment PART:Ih :•SUPPLEMENTAL:-APPLICATION AND PART III.— REQUIRED- ATTACHMENTS 10. SEE ATTACHED SHEETS sil PART. IV - CERTIFICATION . •i. :: - .: '. , . - 11. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. 1, f ' .' )41/ /4". r 17 --- '''- - • /, - ,J6 ' f v._ . • // ��IG TUa DATE ^f Revised 9 - 98 FOR ADMINISTRATIVE USE ONLY DOC, FILE N INDEX FEE AID ENED BY A * R^"' 00 CEITT ‘ NO. _ ARING DATE r?)... i 'PLEMENTAL APPLICATION F01.. ' FteegIVED . REZONE qB 10 CITY OF YAKIMA ` : . : 7 . : � - CHAPTER 15.23, YAKIMA URBAN AREA ZONING ORDINANCE (UAZ ) kV � ' �"' : i *.,. y rsz,' .�•t'R � r '»�.n �.: `ns, ���' , :^ �. <z��m % '`.,. '�r "�' .,.'� *�. a .i« ,� .aw�4 ....x,�.,.., � ...,.. :,x sas..:. -�� _ �. -, s_ �._ ., ,xnssa., ��.`. 3.Cdu.�.V� &��a ,u�.. .: f.�"�..�.Y.°..,.�: �".�'��iM' -�. 2°k. �:�:�5,£�. r ,�^...',a�..' _s..�<�.�,. �.�4�,5_.�4 '�;...,¢Xi �, �.; 1. REQ T: (I i' . he property owner srequest that the following described property be rezoned: From R 1 To lei 2 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) 522 /9'#// /9 Ntiiau/5 7/#5 ;fI�) 3. OWNER'S SIGNATURE: (I,0 certify that (I d .re the owna,►f record of all of the above described sroperty: �...,,/L 0 .... ' ;�f 14 l� P_ 1C I (• WNER(S) SIGNAT STAFE OF WASHINGTON) COUNTY OF YAKIMA ) ‘ �. � AM �� � Jd 4$L 4,On this day personally appeared before me Toww47940 kno N . :" o be be the the !.;) N individual(s) described in and who executed the within and foregoing instrument and acknowle i,,- • that ] e ms ' m 1 owner(s) of the property requested to be rezoned, have read the application and know the conte,�, s t exec P p1iieve PA s ame to be true. �'� 0 ` I% L04-- 5F � 'l1eER Oa" ti� ,cO GIVEN under my hand and official seal this ll1 day of , O F 4 S H�N G .as..• ,GSa,Yh: vm �.: iYK „tl 3.' .3N.A«,. ari4nMjs�<¢E. �xiyx•... B(% <Sd<.9D 4 tt. : *(('. e v 4. ENVIRONMENTAL CHECKLIST A properly completed Environmental Checklist is mandated by the Washington State Environmental Policy Act (SEPA) for a rezone request. Checklists should be obtained from the Planning Division. 5. WRITTEN NARRATIVE thoroughly answers the following questions in as much detail as possible: A. Is the requested zoning change suitable with the property in question (subject property)? How so? B. How is the rezone request in compliance with and /or how does the request deviate from the 1997 Yakima Urban Area Comprehensive Plan as amended? C. Are there adequate public facilities, such as traffic capacity, sewer service,potable water, storm water and other public services and infrastructure existing on and around the subject property? Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? D. Is the proposed zone change and associated land uses changes compatible with the existing neighboring uses? What mitigating measures are planned to address incompatibility, such as site screening,buffering building design, open space traffic flow alternation, etc.? E. Is there a public need for the proposed change? 6. SPECIFIC PROJECT If this request is for a specific project please include the following: A. Written project description including number of housing units and parking spaces. If the proposal is for a business describe hours of operation, days per week and all other pertinent information related to business operations. B. Site Plan (Please use the City of Yakima Site Plan Checklist) (� Note: All submitted information will be forwarded to the Hearing Examiner along with your application and will become $�tte public hearing record. Clear, comprehensive and accurate detail of the information is in the best interest of the applicant. INDEX \Revised 9 -98 # F-- .................... RECEIVED • • FEB 0 2009 • CITY OF YAKIIMA PLANNING DIV. Property Address: 420 SO 32ND AVE YAKIMA, WA 98902 EXHIBIT "A" LEGAL DESCRIPTION APN# 181322 -44051 ,. That portion of the Southeast Y4 of the Southeast Y4 of the Southeast % of Sedtion 22, Township 13 North, Range 18, E.W.M., hereafter called "said subdivision ", described as follows; Beginning on the East line of said subdivision 526 feet South of the Northeast corner of said subdivision; thence North 89 °50' West 20 feet to the West line of Grandview Avenue and the true point of beginning; thence North 89 °50' West 223.5 feet, more or less, to a point 90 feet East of the North and South center line of said subdivision thence South along the line 90 feet East of parallel to the said center line 98.5 feet to the North line of Tieton Drive; thence East 223.5 feet to the West line of Grandview Avenue; thence North along the West line of said Avenue 98 feet to the true point of beginning, EXCEPT the West 42 feet, - • ' EXCEPT that portion conveyed to the City of Yakima for street by deed recorded June 25, 1964, under Auditor's File No. 2000604, AND EXCEPT that portion conveyed to the City of Yakima for street by deed recorded December 2, 1991, under Auditor's File No. 2943047 END OF EXHIBIT A ffl DOC. INDEX r-- S1 'T EMENTAL APPLICATION FOR: r �' f ' r� , ❑ CLASS (2) REVIEW il CLASS (3) REVIEW %,-. `.:" " :, ., . e s CHAPTER 15.14 AND 15.15, YAKIMA URBAN AREA ZONING ORDINANCE (UAZO) ,. 3 r z 4 ®, t r T. e ti B y e � A .„ K S ," `` -:. ^ 7 '� ^ ,.y^`r ,. fir•.. i , “ k: , t rt'l �t :I6N .,, ' r� y t � + 7 yi�}a �`� ( � - t.,:I ' ..c ...., y . a . -c�; r vc...c t'g aw < a� i tl . '.�.''`R:.. � ......ar ,.i..' .i ,. 3 i> — dw � d t•_ _ ^' .aaki +1- w 3'.."'1[ 1. PROPOSED LAND USE TYPE (Important: Must be taken From Table 4 -1, of the Urban Area Zoning Ordinance) ie 2 6W6 -1,!p r 2 LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) . r; j,,I / ,_&I ,, (roa IRIS ,P711 « k, i '! ea 5�i, t . '�`a - s RE �d� a . <. . r : „. . . �rr"a - y`�' T ' x.7 , 7: q.°^ S ..,..i.i.,,..+w. . ,,,,,.. 1.,„,„,, . .,- , .,,-,,.. >ft, i�ai cw:riLk3,: LaW : a,xwv..w .........;ax.1.. 5. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist) r 6. A WRITTEN NARRATIVE: (Please answer the following questions in the narrative) 5 6 CH, ,- (p of aos 71'1.S • ; iie A. Fully describe the proposed development, including number of housing units and parking spaces. lithe 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 a (v =# • i promote compatibility? FEB 1 0 2009 C. Is your proposal consistent with current zoning of your property; and, Is your proposal consistent with uses and zoning of neighboring properties? CITY OF YAKIMA PLANNING DIV. 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 the 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, ❑ 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. DOC. INDEX Revised 9 -98 ' ,) JOHN A. TATE - CONSULTING ENGINEER 11 NORTH 59th AVENUE, YAKIMA, WASHINGTON 98908 PH (509) 972 -3079 FAX (509) 972 -7920 CELL (509) 910 -7124 January 29, 2009 RECEIVED Regarding: Class (3) Review FEB 1 0 2009 Part III, Section 6 - Written Narrative CITY OF YAKIMA Referencing: Kinderhafen, L.L.C. PLANNING DIV. 420 South 32 ° Avenue Yakima, WA. 98902 Item A. Kinderhafen would provide transitional care for medically fragile children; i.e., from a hospital setting where the level of care and expense are no longer warranted to the eventual residence or home of the medically fragile child (a child with a tracheotomy tube is an example of such a child.) Kinderhafen would provide a setting with a trained medical staff to monitor and care for medically fragile children until arrangements and training of the parents /guardians can be completed. The child's length of stay within the Kinderhafen facility would vary according the level and complexity of required care and the speed that receiving arrangements are made. Medical procedures would be minimal and limited to the level that would typically be provided by trained nursing staff in such settings. Kinderhafen is intended to be able to provide care and monitoring for up to five (5) medically fragile children with a minimum of two (2) trained personnel present at all times (24 hours a day and 7 days a week). As a courtesy, Kinderhafen would provide short term (typically two to three days) sleeping quarters for the parents /guardians until the parents /guardians are comfortable to perform on their own the medical procedures for their medically fragile child. Scheduling of this courtesy would insure the relative privacy needed during this training period. If this courtesy proves to be a problem or sticking point within this process, then this courtesy can be denied and the parents would need to provide for their own sleeping quarters while learning, at the Kinderhafen facility, to care for their child. The Kinderhafen facility will be easily accommodated within the existing residential structure with some minor remodeling to the ground level of the structure to provide accessibility. If sleeping quarters are to be provided for the parents /guardians of the children, then these quarters will be in the existing bedrooms on the second level of the structure. Parking for the staff will have to be created at the Northwest corner of the lot (where the existing older garage is located). It is intended to provide five (5) parking stalls and one (1) H accessible parking stall. A sloped ramp will need to be constructed from the created parking area to the structure. Item B. It is the intent of the Kinderhafen facility to be a very low- profile facility and to appear from the exterior to be no more than a typical residence. Thus, from the exterior, there will appear to be no substantial change in the existing residence as it was when families resided there and therefore compatible with the surrounding residential properties. Since the facility will not produce, sell, manufacture or distribute goods of any kind, the traffic and noise associated with such production/business facilities will not occur. Also, since the Kinderhafen facility will not treat patients by appointment or by drop -in emergency basis, the traffic and noise with these types of medical facilities will not occur. No mitigation measures to promote compatibility with the neighborhood are currently proposed since the operation of the Kinderhafen facility will not overtly change from the residential nature of the surrounding properties. Item C. The use of the Kinderhafen facility (proposed) is consistent with the current property zoning (R -1) of a largely residential neighborhood. The intent of the operations of the Kinderhafen facility will not change or degrade the residential nature of the surrounding properties in appearance and impact. Currently, the properties to the North, West and South are zoned R -1. To the East are a medical office currently zoned B -1 and the Yakima Valley Memorial Hospital campus zoned R -2. Since the proposed Kinderhafen facility will not change the DOC. Aff st INDEX ( " nature of the current property zoning of R -1, the proposed zoning change from R -1 to R -2 for the facility is certainly consistent with the surrounding properties. Item D. The proposed Kinderhafen facility would provide a transition for medically fragile children from a hospital setting to their home. Currently there is no such facility in Eastern Washington. Therefore, the transition now requires the transport of the children to the Puget Sound area where the only like facilities are located and the parents /guardians of the children to travel and stay in the Puget Sound area while they are learning to care for their child. Obviously, if the child is originally from the Puget Sound area, the burden on the child and parents is nominal and can be tolerated. However, should the child be from the Eastern half of the State, this burden can be a large logistical and monetary problem. The Kinderhafen facility would provide a quiet and professional atmosphere in Eastern Washington where the medically fragile children and their parents /guardians can comfortably work through the transition from a hospital setting to their home. The State of Washington, through taxation of its citizens, now funds for the transport to the Puget Sound area and care for these children during the transition process. The savings to the State of Washington are obvious and can be simply viewed as a logistics and relative cost of living problem. The benefit to the Yakima area would be the start-up and prosperity of a facility that provides a necessary function and provides employment for the required professional staff. The benefit to the surrounding neighborhood would be maintaining the quiet and residential nature that it enjoys presently while providing for the upkeep and maintenance of a very visible structure within the neighborhood. Simply put, there would be no losers with the Kinderhafen facility. Respectfully submitted, RECEIVED E81020 09 J. A. Tate, P.E., S.E. CITY OF YAKlfl�p INDERHAFEN -3 PLANNING D!V • DOC. ftfi ita lig °lir INDEX e• r_, JOHN AND PATRICIA TATE RZ #001 -09, CL3 #005 -09, SEPA #004 -09 EXHIBIT LIST CHAPTER G Public Notices '� ^"*i" , , w c M,` Y� f "� , „.- `:Y , .,» y ��,- L w `" *q�-" y d g gip. ' DC?C : � D®CUMENT : : DATE' iy� ' a`s .,#"�.. . r ,"5- r "` �_° "� m , IN DEX # f s s a g n� + q i G -1 Determination of Application Completeness 02/20/2009 G -2 Land Use Action Installation Certificate 02/24/2009 G -3 Notice of Application for Environmental Review and Public 02/25/2009 Hearing G -3a: Press Release and Distribution List G -3b: Legal Notice and Confirmation E -mail G -3c: Parties and Agencies Notified G -3d: Affidavit of Mailing G -4 Notice of SEPA Determination — DNS 03/20/2009 G -4a: Press Release and Distribution List G -4b: Legal Notice and Confirmation E -mail G -4c: Parties and Agencies Notified G -4d: Affidavit of Mailing G -5 Hearing Examiner Packet and Agenda Distribution List 04/02/2009 G -6 Hearing Examiner Agenda 04/09/2009 G -7 Hearing Examiner Sign — In Sheet 04/09/2009 G -8 Notice of Hearing Examiner's Decision and Recommendation 05/19/2009 (See DOC INDEX# BB -2 for HE Recommendation & Decision) G -8a: Website Posting G -8b: Certified Mail to Applicant G -8c: Parties of Record Notified G -8d: Affidavit of Mailing G -9 Letter of Transmittal: City Council Public Hearing 05/27/2009 (Mailing Labels, Vicinity Map, Site Plan, E -mail to City Clerk) G -10 Agenda Statement — Revision: Set Date of City Council Public 06/02/2009 Hearing for Rezone and Development Agreement G -11 Notice of City Council Closed Record Public Hearing 06/03/2009 CITY OF YAKIMA NOTICE OF CLOSED RECORD PUBLIC HEARING Rezone of Property at 420 South 32 Avenue NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a Closed Record Public Hearing to consider the Hearing Examiner's recommendation on the application submitted by John and Patricia Tate to rezone the property located at 420 South 32 Avenue from R -1 (Single - family Residential) to R -2 (Two - family Residential). In addition, the Yakima City Council will conduct an Open Record Public Hearing on the proposed Development Agreement for the project. Said public hearings will be held Tuesday, June 16, 2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima, Washington. Closed Record Hearing means the public is invited to testify on the existing Hearing Examiner's records, but will not be allowed to introduce any new information. Any citizen wishing to comment on this request is welcome to attend the closed record public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 98901'; or, 2) E -mail your comments to ccouncil @ci.yakima.wa.us. Include in the e-mail subject line, "Tate rezone." Please also include your name and mailing address. Dated this 3rd day of June, 2009. Deborah Moore City Clerk DOC. INDEX ; C� -1� BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT - REVISION Item No. For Meeting of: June 2, 2009 Item Title: Set June 16, 2009, as the date for a "Closed Record" public hearing to consider the Hearing Examiner's recommendation on a rezone request and an "Open Record" Hearing on the proposed Development Agreement by John and Patricia Tate for property located at 420 S.- 32nd Avenue, Yakima, WA. Submitted By: William Cook, Director of Community & Economic Development • Contact Person/Telephone: Kevin Futrell, Assistant Planner, 509 - 575 -6164 Summary Explanation: Set June 16, 2009, as the date for a "Closed Record" public hearing to consider the Hearing Examiner's recommendation to conditionally approve a request by John and Patricia Tate to rezone a parcel of land, approximately 0.16 acres in size, from Single - Family Residential (R -1) to Two - Family Residential (R -2). A transitional care facility is being proposed with this rezone request and a Development Agreement, which requires an "Open Record" Hearing. The Hearing Examiner held an "Open Record" public hearing on April 9, 2009, to consider this application. On May 15, 2009, the Hearing Examiner issued his recommendation to conditionally approve the rezone request. Resolution Ordinance Contract Other X (Specify) Vicinity Map Funding Source Approval for Submittal: City Manager Staff Recommendation: Set date of Closed Record Public Hearing for June 16, 2009 Board. Recommendation: On May 15, 2009, the Hearing Examiner recommended that the rezone be approved. Council Action: • DOC. INDEX # G -►p CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to: Debbie Moore, Yakima City Clerk, by hand delivery, the following documents: 1. Mailing labels for JOHN AND PATRICIA TATE (RZ #001 - 09, CL3 #005 -09, SEPA #004 - 09); including all labels for adjoining property owners within 500 feet of subject property, agencies and parties of record. 2. One black and white vicinity map. 3. One site plan. 4. I have also transmitted to Debbie Moore, Yakima City Clerk, by e -mail, a Legal Notice which was published for the Hearing Examiner Public Hearing. This will supply information to be included in the City Clerk's legal notice of the City Council Public Hearing. Signed this 27th day of May, 2009. 70. U-15a./i Rosalinda Ibarra Planning Specialist Received By: A t I. _ Date: - a O DOC. INDEX 101.7L,D -i3UV7 181322 -44456 - 181327 -11002 ADR,IENNE,.L ENGELHART ANN & MUHAMMAD CHAUDHRY ANNA T & TIMOTHY A DUFAULT 401 S 32ND AVE 420 S 34TH AVE 610 5 32ND AVE YAKIMA, WA 98902 -3634 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44024 181323 -33021 181322 - 44050 BERT & JEANETTE OTTO BILL & GLENDA EPPERHEIMER BOBBY G & LUCILLE D JONES PO BOX 9552 411 S 32ND AVE 3301 TIETON DR YAKIMA, WA 98909 YAKIMA, WA 98902 YAKIMA, WA 98902 181326 -22505 181323 -33018 181327 -11007 BRIAN C & JENNIFER S MCCOWN C. L. HILL CHISTIAN EVANGELISTIC ASSEMBL 610 S 31ST AVE 409 S 32ND AVE 3414 TIETON DR YAKIMA, WA 98902 YAKIMA, WA 98902 -3634 YAKIMA, WA 98902 181326 -22509 181322 -44014 181322 -44042 CHRISTOPHER M & DIAUN D JENSEN CRAIG D & PATRICIA J SUNDQUIST CRAIG 1 & '•TR IA riil iQUIS 607 S 31ST AVE 408 S 32ND AVE 4o: • 2Ni •V' YAKIMA, WA 98902 YAKIMA, WA 98902 YA' A, • 98902 181327 -11410 181323 -33003 181326 -22502 CRAIG E & CYNTHIA ELQUIST D BRUCE SIMPSON DAN R & PAMELA D HAMMONTREE 602 VOLTAIRE AVE 216 S 24TH AVE 611 S 32ND AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44453 181327 -11404 181322 -44506 DARL L.'TAYLOR DAVID E & GAIL PARK FAST DAVID HEAD 412 S 34TH AVE 607 VOLTAIRE AVE PO BOX 1304 YAKIMA, WA 98902 -3641 YAKIMA, WA 98902 YAKIMA, WA 98907 1x.1322 -44507 181327 -11403 181326 -22504 DAVID ,.EAr, DAVID MD ETAL BROWN DEBORAH L WAGNER P• Be 3o• 613 VOLTAIRE AVE 614 S 31ST AVE YA MA, ^A 989► YAKIMA, WA 98902 -3960 YAKIMA, WA 98902 181327 -11412 181326 -22011 181322 -44033 DEREK A & JOAN C LA FRAMBOISE DON C. DILLON DONALD & DIANNE J WOLTERSTORF 606 S 32ND AVE 617 S 32ND AVE 416 S 32ND AVE YAKIMA, WA 98902 YAKIMA, WA 98902 -4019 YAKIMA, WA 98902 181327 -11418 181327 -11420 181323 -33010 DOUGLAS D & JANETTE HEARRON EDITH DRURY MATSEN EDUARDO PACHECO 615 S 34TH AVE 605 S 34TH AVE 402 S 31ST AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44009 181323 -33014 181326 -22004 EDWARD L STYSKEL HAROLD D & SARAH R HUNTER JACQUILYN G KNIGHT 3304 HOME DR 581 OLD NACHES HWY 3010 TIETON DR YAKIMA, WA 98902 YAKIMA, WA 98908- 892D0C. YAKIMA, WA 98902 INDEX 181323 -33015 181326 -22510 181326 -22009 JAMES E & MARY E ACKERMAN JAMES G & MARY E HOPFINGER JAMES M & JUDY M HORST 406 S 31ST AVE 605 S 31ST AVE 605 S 32ND AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44715 1:1322 -44049 181323 - 33020 JOE R & DIANE L ROBERSON JoSEP & r ANE •0: 'SON JOSEPH KETTERER 3305 TIETON DR 33.5 •N 412 S 31ST AVE YAKIMA, WA 98902 YAK MA, WA 98902 YAKIMA, WA 98902 181322 -44016 181327 -11497 181 27- 1498 LANCE J & CHERYL L REESE LARRY S & JUDITH C LEFORS LARRY S JA'IT• OFORS 409 S 34TH AVE 602 S 32ND AVE 602 S .2 D • YAKIMA, WA 98902 YAKIMA, WA 98902 YAK u•, , 98902 • 181322 -44025 181322 -44012 181323 -33022 LAWRENCE A & DOLORES ALVARADO LEANNE HELEN BIRRAN LESLIE P HEIMGARTNER 417 S. 34TH AVE 407 SO 34TH AVE PO BOX 8173 YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 989080173 181322 -44048 181322 -44017 181327 -11408 LINDA D BENJAMIN LINDA KIME LINDA M BURDETTE 3207 TIETON DR 411 S 34TH AVE 613 VOLTAIRE AVE YAKIMA, WA 98902 YAKIMA, WA 98902 -3640 YAKIMA, WA 98902 -3960 181323 -33013 181323 -33011 181327 -11409 LISA M DALEY MARLENE Y PARKS MARVEL LEE 403 S 32ND AVE #2 '404 S 31ST AVE 606 VOLTAIRE AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 -3961 181322 -44041 181322 -44032 181322 -44040 MARVIN GENE & JO ANN COLLIER MARY A VERHEY MAYRA P & JOHN N NAIDEN RIVERA 410 S 32ND AVE 414 S 32ND AVE 404 S 32ND AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 18 322 •1046 181326 -22506 181323 -33016 MAY P .. J(HN ' N•. or rIVERA ' MICHAEL D KAUTZMAN MICHAEL J GUNDERSON 404 S 32N1 • E 7012 LOREN PL - 720 N 44TH AVE YAKIMA, WA 9:'02 YAKIMA, WA 98908 YAKIMA, WA 98908 181327 -11421 181326 -22007 181327 -11419 MICHAEL MORALES MOISES E & MARGARITA BRAVO NORMA MANTEY 601 S 34TH AVE 3106 TIETON DR 611 S 34TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 -3672 YAKIMA, WA 98902 -3928 181322 -44026 181326 -22503 181326 -22026 PATRICK J & NANCY L CRABB PAUL & CHRISTINE HARBECK QUETIN M COULTER 3311 TIETON DR 616 S 31ST AVE 603 S 31ST AVE YAKIMA, WA 98902 -3657 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44020 () 181322 -44021 181322 -44031 N'Y G,BLO DIN RAYMOND G & ELOISE,R BLONDIN RAYMOND e . ELO • : • DIN YA J A` 98 Y 98908 DOC 411 N - RD •VE YAK WA 9:'08 INDEX # -9 181327 -11407 181327 -11422 181322 -44038 2ICHARD JOHN & SANDRA KAYE FAIRB ROBERT C & LESLIE GAYE KORN ROGER SCHMAHL 516 VOLTAIRE AVE 3308 TIETON DR 406 S 32ND AVE i'AKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 W ✓ Ord 1:1 -441.1 ` 181322-44027 • 18 326 22010 RSNA A. ' Ro1S 10\ 1/" op\ . SAMUEL R & ANNE ISHMAEL SA'' • '5 EST" PU . IAM 421 3•.,D i E r v , PO BOX 1220 60' 3•ND • E YAKIMA, WA 08902 -3635 0 YAKIMA, WA 98907 YA MA, ^• 9:•12 18 322-44047 181323 -33019 181326 -22006 SEA' . . R0: N WHITSON OFLINN SHIRLEY A MURPHY STIG & MARIANNE MARELD 320• I '0 D' 410 S 31ST AVE 602 S 31ST AVE YAKIMA, W. 98912 -3656 YAKIMA, WA 98902 -3632 YAKIMA, WA 98902 • 181322 -44037 181322 -44034 181323 -33017 SUMIKO M. HARRIS SUZANNE FROMHERZ TERRYL A GOECKLER 406 1/2 S 32ND AVE 418 S 32ND AVE 3171 SPEYERS RD YAKIMA, WA 98902 -3635 YAKIMA, WA 98902 SELAH, WA 98942 -9244 181323 -33012 181322 - 44023 181322 -44454 THOMAS J'& MARIA TOVAR THOMAS R & SHIRLEY JOLLY TIM A & SHELLY L PRICE 403 S 32ND AVE # 1 413 S 34TH AVE - ' 414 S 34TH AVE YAKIMA, WA 98902 -3634 YAKIMA, WA 98902 YAKIMA, WA 98902 181326 -22501 181327 -11402 181323 -33024 WILLIAM A HAMBELTON WILLIAM. J GLENSKI YAKIMA VALLEY MEMORIAL HOSPIT; 615 S 32ND AVE 621 VOLTAIRE AVE 2811'TIETON DR YAKIMA, WA 98902 -4019 YAKIMA, WA 98902 YAKIMA, WA 98902 181 .23 -3 ., 87 181323 -33- s8 �� "�' "`'I 1 1323 -33509 YAK A V•L6 Y M'M.•I• H SPITAL YAK MA VA L MEMO" AL .r • TAL YAKIMA ■•LLE U " IDIARY LLC 2811 TI "TON 1; 281 TIE'ON D' 1 01 H V. # •506 YAKI WA 98902 YAKI'• A 9896 SET E, • 98101 -2647 • 64 labels printed for map sheet tate a F Co PLA/Q-Gic 1 -coq cA.- oo 5- 0 9 s&A O 4-09 14C) • DOC. • INDEX • John and Patricia Tate Kinderhafen LLC Barge- Chestnut Neighborhood Assn. 11 North 56 Avenue 420 South 32 Avenue 2607 Barge Street Yakima, WA 98908 Yakima, WA 98902 Yakima, WA 98902 Cindy Noble Philip Steele Gary Forrest 5609 West Arlington Street 910 South 34 Avenue 3011 Barge Street Yakima, WA 98908 Yakima, WA 98902 Yakima, WA 98902 Ralph Call Jim Aberle Linda Vance 2608 West Chestnut Avenue 2811 Tieton Drive 3207 Tieton Drive Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98902 Pat Reynolds Kristina Harris 2910 West Yakima Avenue 220 South 32 Avenue Yakima, WA 98902 Yakima, WA 98902 (1+c Co ` 'C " C • (05 —0R Doc. INDEX # G - LIST OF SEPA REVIEWING AGENCIES , • OD - RG, SEPA Reviewe Army Corps PO Box c-3755, Dept. of Natural Resources Mr. Greg Griffith Seattle, WA 98124 713 Bowers Rd Div. of Archeo] & Hist. Pres. Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Cascade Natural Gas 701 S. 1 ti' Ave Dept of Soc /Health Service Yakima, WA 98902 Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office MS OB -23B 1433 Lakeside Ct. Ste102 Olympia, WA 98504 Yakima, WA 98902 1 I Cha mber of Commerce Dept. of Health 10 N 9''' St. Michelle Vazquez City of Union Gap Yakima, WA 98901 1500 W. 4 PO Box 3008 �' Ave. St. 305 Spokane, WA 99204 Union Gap, WA 98903 Dept. of Transportation Tom McAvoy Planning Engineer 2809 RudE Road Q-West Gary W. Pruitt Union Gap, WA 98903 8 S. 2 ° `'Ave. Room 304 Clean Air Authority Yakima, WA 98902 329 North l'' Street Yakima, WA 98901 Environmental Protection Agency West Valley School District Mr. Lee Faulconer 1200 6 Ave. MS 623 Attn: Peter Ansingh Seattle, WA 98101 8902 Zier Road Dept. of Agriculture Yakima, WA 98908 PO Box 42560 Olympia, WA 98504 FAA 2200 W. Washington Yakima Co Health Dist Gwen Clear Yakima, WA 98903 ] 210 Ahtanum Ridge Drive Dept of Ecology Union Gap, WA 98903 ] 5 W. Yakima Ave. St. 200 Yakima, WA 98902 Yakima Greenway Foundation Department of Ecology 1 1 ] S. 18' St. Environmental Review Section Nob Hill Water Co Yakima, WA 98901 PO Box 47703 Olympia, WA 98504 - 7703 6] ] 1 Tieton Drive Yakima, WA 98908 Yakima School District Chuck Hagerhjelm Superintendent WA State Emergency Pacific Power nc 104 N. 4 Ave Mitigation, Analysis & Planning Mgr g Yakima, WA 98902 Building 20 500 N. Paulson Camp Mun ay WA 98430 5122 Keys Rd Yakima, WA 98901 Yakima Airport Yakama Indian Nation Manager Cultural Resources Program Yakima- Klickitat Fisheries Project Johnson Meninick, Mgr 2400 W. Washington Ave Yakima, WA 98903 PO Box 151 John Marvin Toppenish, WA 98948 771 Pence Road Yakima, WA 98909 , DOC. INDEX Page 1 of 2 LIST OF SEPA REVIEWING AGENCIES YVCOG • Yakama Indian Nation • Ahtanum In District Environmental Protection Prog. Transportation Planner 1 .O. Box 563 3 ] 1 N. 4 Street STE 202 Moses Segouches Yakima, WA 98907 Yakima, WA 9.890] PO Box 151 Toppenish, WA 98948 Federal Aviation Administration Environmental Coordinator Wastewater Division Cayla Morgan, Airport Planner Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 • Ruth Jim Mr. Marty Miller Yakima County Commissioners Yakama Tribal Council Office of Fann Worker Housing PO Box 151 1400 Summitview #203 Toppenish; WA 98948 Yakima, WA 98902 • Mr. Vern Redifer Dept. of Archaeology & Historic Eric Bartrand Yakima County Public Services Preservation Dept. of Fisheries PO Box 48343 170 ] S. 24 Ave Olympia, WA 98504 -8343 Yakima, WA 98902 • Mr. Scott Nicolai WSDOT Aviation Division Mr. Steven Erickson Yakama Indian Nation- Fisheries John Shambaugh Yakima County Planning PO Box 151 P.O. Box 3367 Toppenish, WA 98948 Arlington, WA 98223 Dept. of CTED Soil Conservation Dist John Baugh Growth Management Services Attn: Ray Wondercheck Yakima Valley Museum PO Box 42525 1606 Perry St Suite F 2105 Tieton'Drive Olympia, WA 98504 -2525 • Yakima, WA 98902 Yakima, WA 98902 • • DOC. INDEX Page 2 of IN -HOUSE DISTRIBUTION LIST Royale Schneider Ron Melcher Mike Antijunti Mike Shane ('ode Administration Fire Dept. Engineering Division Water /Irrigation Div. Carolyn Belles Jerry Robertson OtTiceorNeighborhood City Legal Dept & Development Code Administration Code Administration Services Sandy Cox, Codes City Clerk Bill Cook, CED Nathan Thompson Dir. DECISIONS DECISIONS DECISIONS ONLY ONLY DECISIONS ONLY ONLY • For the Record /File Binder Cop • DECISIONS ONLY • • DOC. • INDEX # 6 - • ■ Op • R e ■ 1' T KM ll q >•OLt ���_ _ I 5 89'50'00' E 798.10' y. 1 1 r� r• ♦♦ ♦� ♦• ♦• ♦r: 0■♦ ♦ ♦ ♦4 i ♦l; �♦:!♦�i�►�i'r. �� • :7 .' 1 SGLE I . s 20 '- 0 , ♦ ♦ ♦ ♦ ♦�i♦♦ 1 ♦• ♦ 4444. �• ♦ ►. ♦.� LAWN r•► ♦♦ a a i •►♦•♦ 3.• ♦♦ y •••♦•• ♦ ••a ►•••4 6RIPIICSGE ';♦•♦♦••♦♦♦iii•♦♦ •i•♦ : a • 4 ► ♦ ♦ ♦ ♦ • • ♦ ♦ ♦ ♦•• •/• ♦ ♦ ♦•.. ► • •• • ♦ ♦ ♦ ♦ • ♦ 40 - A caw HOUSE (ROOM) 10 o 10 20 30 $111111111§Itktbf �� 'D�♦ °�` ♦� , ,. ago SOWN X240 MOUE as - JG'�o. Y AgW. WASIIPWT01 98902 ♦• ►f ♦••• I LEGEND 95' -5' �i%• •*•*•*•0•�•�♦r►o•.i�•�� I ' Y z am�ic a -2 00401E5 OWING [arttBE i!►f: ♦i ♦i ♦iii ♦ice. � :• :+♦► /i� �i�i ►iii I - Opp ODOTES E ING P014R POLE ♦ •♦ •• • • ♦ ♦ 1 1.4 ♦ ♦ ► f l . n E— OOOT E2RSING ANOOLi .. .. • • • • ♦ • u ♦.♦- •.►•♦.:••w -♦/ 1 81722 -41051 � 4 r ♦ • • • • ♦ 1 ♦ • f o ♦ • • ►',, // ' 1 o MOTES EXISTING lltllf TAX PARCEL MAUI NRRENT mNNG �: ! r ♦�•�♦� e ►• ►' . 5' -0' i b — ••: , .•,.......•4 : :♦� ♦ 1 . / ��I ° KI DENOTES OR M►C PAL 9OR • ♦ • • u ►,•,�- •* �' p O lJ9OI11G 4,` A I ON OEN016 E101M OLi 01110N VKY 111P51. • ♦ • ♦ 0 of the Southeast % $ ♦ I r . a • r 1 : ,,.._ W .1 45": ••.••."•- s I3. . UWN OW 001010 16 E70SiNG WFR MLR! D a WATER r ♦ ♦ ♦ 1 1 , ` PLANTER S 0 . 13010113 D13010113 D EW SOLO W RERAN ♦ • ♦ ♦ ♦••e ►e /� ;. �•- .: i1• 0 .. ' [ l p 7 ; r : ♦ ..••:♦ I N 39' -8. 4. gg ' ♦ • •► • ♦ • • ♦ • . � :7. - . ; .'r ; , 4 . D E N O T E S o n = o n = C O W E R R TREE ( W E NOTED) < i 0 • • • ♦ . ♦ ♦ • • • I F assort zoNTNG,y ••r♦4 •♦♦•♦ ► ' ' 5 1 7 e ► ♦ ♦ • ► • • • ♦: f ) FQUNTAIN•, R_p gE�pO 0 DOTING oEmtplES TREE (5RE AS Io r ♦ ♦ • a• ♦ • • • LAWN / 8 oEE1DT6 'mew CASE ,vo COO COO J4; r��� ♦�► ; : ; : ; :k LAWN 1►a/. o[ • L -01.17 O I� _) 1 0.i 2 018 �..: < worts NNCEEIE on W ElOST11G) a I � 1 \ wr t d I That portion of the Southeast K.:.: OFNOIE5 ASINKT PANG pEN OR F705t116) Y. me Southeast Y. d Section 21, • � L L,'� ` � B I� , N 90 •e'r = E 9S.J g 'follows; Twnshp 17 Nam, Ranee 18. E.W.M , hereafter called 'sad subdivision', described as —I ` -" '4, • ii Beginning on to East She of said subdivision 526 feet South of the Northeast comer of said PP . - 1 therm North 59.501 Nest 20 feet to the weal lam of Grandview Avenue and the true :cent of lb.. begi Q� COff Ononce Na41h 99`50' West 223.5 feet, more o less, to a pact 90 feel East d the forth and - South canter line of sant subdivision pal_ - �' thence South along the one 90 feet East of and parallel b tar sad cents fns 98.5 feet to fi r �1 1w Nam lino of Tieen Drive. 0 lie tense Eul 223.5 feet to the Wed kne of C.o.:MewAvenue; l thence Norm along ma Weat line of said Avenue 99 feet to the true point of beginning. • EXCEPT the West 42 feet. tt, d EXCEPT deal pondn conveyed l0 the City of Yakima lot street Cry deed recorded June 25. MAO CO 6 • I2Q4. 1984, under Ndtefs Fie No. 2000904, _ 1) 1490"00'00 198 1 1 E Y y 'AND EXCEPT that portion conveyed to ton Gay of Yakima for stmt by deed recorded I 1`. 4 i 98.1 T' December 1.1991. rider A deors File No. 2949017 --___- __.i___ - 1 - ��� ir Mr� - -- TIETON DRIVE ____ 11 • 1 OT C[71'ERAGF CAI,CINA FARRING CA1,1711 ATION ( R e f e r e e . r. t..l ask ud +. .... zm;.,t 1 RECEIVED , ( a) OT GF vXllrr:t AT / WFT Et) G141 /to yeas ( /f(4(/d/) 3..v Ti g � b) mdkge ,uit:+✓1r<.sr�tengg A/. SO Fr ,) yac 6 / %�T /1"r �yY T/H16. 7Y� /C/.eGY i a, Arra(dilhneways Walkways peas etc) Total .. SQ FT hl •pr'Hn)prwv:.l ) '� FEB 9. n 2009 I I _ c) Pis sr�a5:94Q211- <2) grrfiynyeaS aiy Af4. g , d, rn,ye,ed Pavel Aae>[q •� - ♦'- ... _... - _, Tout lrgw..:.0 Surface (,w.nd =.) �]TA rT LOT INEQR 8 CITY OFYAKIMA 1 r ) ""° ea' rra y.) /ftl ; 22 4 1 ♦•... A eek d It s.m. .. F2,1..Sp 92 r 1 � IITZll7,f - 9b PLANNING DIV. i�• / i: = 1^ rn P -I g g A ,1♦ "' .' ^. . 1 4 MAP SCAT FFlew use the[i.ee risk however, in reme cinema.. T SB Legal Deavimon(hrul) � A. j qr ��ii ♦: , ::. =: "i a1Ei�l�oeaE epT.dnbeda..) I WAS F ♦ G t` • BACKGROUND - F ' q �� � , BACKGROUND INF: 4 1 • OF H/ r 4 . i I • r�. a II(Prd S ca le l i d e ma 4 0 4 n on the ground N •� '• . . • f p . Applicant Name ,T A}' '-' ►• f _ ' • 1 ' � • Ai rti I,4 � L� +� +tulle l 8. Site Address i�> .� %7a �'� J .3 l� ♦ ► 1 . ... �LVOa r. r"'. • .. .... wd:'.•• +,.,„ • Template be musks are t Mch apart 2 Mai AJdrea I I� v L -I • r1 • . � cr.... Pewee Court - , � ► ,." /r� � , r d ♦.4 •: -. /; _ r - �wafna pn.iWdl /t T/t��i ! � `�• ' '•W' ' . j j �2r Dae l92 -ne O' p r.w.kf A 5 ¢ D•'° S Q S ■ - •2 7502 lit/ ♦4 Its /� � w.. 02 � • 6 gg )E /1 , , _'.: -:::' 0!71016 CONCRETE PERSON RESPONSIBLE FOR PROPOSED PROJECT: 1 g R ►IgES e /2u�71 / 0 ,' I , a ♦ •_ •; 000!6 WIWI 1 ND R. PE.. 5E • r�i — ........ ......- . -..... n...... aro ,ae�t I ! I l I I I I I 1 1 t __ I i j 1 1 i I 1 f I 1 1 J YAKIMA AVENUE I (T C �T - — j I rHF'TNUTAVEN z -- > o Q I H y r:. V 2 c a F ------ a o ti z ¢ — — Home rive j a r g Ls O H y ________y N rs z- n y Vt y . . WALNUT AVENUE X _ H z - io _ r a D '— _ z a n ___ y . — - 1:3 I.. TIETON DRIVE TIETON DRIVE y / .' 4 Q W s A I , r NIS • /' Mill \�� Vehalr4 Ave .Ii ilsi 2 m - tv t Webster Ave , y in n ; (II 86 WEBSTER re ! !\ 1111111 N Q \ 0 =I N y \ // ARLINGTON AVENUE CITY OF YAKIMA, WASHINGTON ``. • VICINITY MAP % a�� � IA • FILE NO: RZ#001 -09, CL3#005 -09, SEPA#004 -09 APPLICANT: John and Patricia Tate Subject Propert REQUEST: Rezone from R-1 to R-2 and establish ®� ' t / Yakima City Limits INDEX \ ✓ a transitional care facility. - scale -1 in = 400ft LOCATION: 420 South 32nd Avenyue r 0 200 400 Wte 02/11109 J • rageioii Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Wednesday, May 27, 2009 2:35 PM • To: 'Moore, Debbie Subject: Legal Notice Example: John and Patricia Tate - Rezone, CL3, SEPA Attachments: NTC OF APPL for SEPA and HEARING - Tate, John - RZ1 -09, CL3 5 -09, SEPA4 -09_ Legal Notice.doc Debbie, Attached is the legal notice which was published for the Hearing Examiner Public Hearing on John and Patricia Tate (RZ #001 -09, CL3 #005 -09, and SEPA #004 -09). This is an example for you to use for publishing the City Council hearing which will be set on June 2, 2009 for a public hearing on June 16, 2009. The mailing labels will be delivered to you shortly. Thanks! psafinda 16arra Planning Specialist ribarra @ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 • DOC. INDEX G 5/27/2009 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RZ #001 -09, CL3 #005 -09, SEPA #004 -09 John and Patricia Tate dba Kinderhafen LLC 420 South 32 Avenue I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner's Decision and Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 19th day of May, 2009. • That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda Ibarra Planning Specialist • DOC. INDEX # G._ y d emalemaillosone Applicant and Parties of Interest Notified for NOTIFICATION OF HEARING EXAMINER'S DECISION AND RECOMMENDATION dated May 19, 2009. • Applicant: John and Patricia Tate File: RZ #001 -09, CL3 #005 -09, SEPA #004 -09 CERTIFIED MAIL 7005 2570 0000 1372 0928 John and Patricia Tate Kinderhafen LLC Barge- Chestnut Neighborhood Assn. 11 North 59` Avenue 420 South 32 Avenue 2607 Barge Street Yakima, WA 98908 Yakima, WA 98902 Yakima, WA 98902 NFRD Yakima Air Terminal Yakima Regional Clean Air Agency c/o Cindy Noble c/o Hasan Tahat 5607 West Arlington Street 2400 West Washington Avenue 329 North 1st Street Yakima, WA 98908 Yakima, WA 98903 Yakima, WA 98901 Department of Ecology Philip Steele Gary Forrest c/o Gwen Clear 34th 15 West Yakima Avenue, Ste #200 910 South 34 Avenue 3011 Barge Street Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98902 Ralph Call Jim Aberle Linda Vance 2608 West Chestnut Avenue 2811 Tieton Drive 3207 Tieton Drive Yakima, WA 98902 Yakima, WA 98902 Yakima, WA 98902 Pat Reynolds 2910 West Yakima Avenue Yakima, WA 98902 In -House Distribution List Royale Schneider Ron Melcher Mike Antijunti Mike Shane Code Administration Fire Dept. Engineering Division Water /Irrigation Div. Carolyn Belles City Legal Dept. Office of Neighborhood Code Administration & Development Services Jerry Robertson Nathan Thompson, Codes Code Administration For the Record /File DECISIONS ONLY Sandy Cox, Codes City Clerk Bill Cook, CED Dir. Binder Copy DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY DECISIONS ONLY DOC. INDEX tJ S Posta'I er�ulce�T { , � • a�� doit FI cs MA►ILrTM RECEIPT 1 Y p- ( DDomestiC Mai. Only; N Insu Co ve Pr ov�rde d) D For ileliaryrinformaiii: vlslt our website a www usps om® m � Postage $ Certified Fee Postmark Return Receipt Fee (Endorsement Required) Here p Restricted Delivery Fee _ 61/give( 0 (Endorsement Required) u'1 • Total Postaae & Fees .ct trl El se" John and Patricia Tate N 11 North 59 Avenue city Yakima, WA 98908 31 uctions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Signs - item 4 if Restricted Delivery is desired. ❑ Agent • Print your name and address on the reverse / i C Addressee so that we can return the card to you. " =ceiv' b ( Pri C . Date of Delivery ■Attach this card to the back of the mailpiece, f , or on the front if space permits. l ':. U C 1 . a , •arm i D. 1 . • nt from item 1? Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No MAY 2 6 2009 CITY OF YAKIMA John and Patricia Tate _ 11 North 59 Avenue 3. Service Type Yakima, WA 98908 °.Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? ( Extra Fee) ❑ Yes 2. Article Number (Transfer from service label). 7005 2 5 7 0 0000 13 7 2 0928 PS Form 3811, February 2004 'Domestic Return Receipt'; 102595 -02 -M -1540 DOC. INDEX . Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Tuesday, May 19, 2009 10:33 AM To: Brackney, Rosanne Subject: 05 -19 -09 Website Posting: HE Decision Recommendation - Tate Rezone Attachments: HECity TateRZ3.doc • Rosanne, please post to: http: / /www.ci.yakima.wa.us/ services /planning/hearingexaininer.asp salinda Matra Planning Specialist nibarra @ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 • • • • • DOC. INDEX 5/19/2009 RECEIVED MAY 1 5 2009 Gary M. Cuillier CITY of VAKIMA ATTORNEY AT LAW PLANNING DIV. 314 N. SECOND STREET YAKIMA, WASHINGTON 98901 (509) 575 -1800 FAX: (509) 452 -4601 May 15, 2009 Yakima City Planning Division Attn: Rosalinda 129 North Second Street Yakima, WA 98901 Re: Hearing Examiner's Recommendation and Decision John and Patricia Tate, RZ #001 -09, CL(3) #005 -09, SEPA #004 -09 Dear Rosalinda: Enclosed is the Hearing Examiner's Recommendation and Decision regarding the above - entitled matter. The hearing was held on April 9, 2009 and the record was left open until May 1, 2009. The recommendation and decision have been issued within ten business days of May 1, 2009. If you have any questions, please give me a call. Very truly yours, ts--i GARY M. CUILLIER GMC: bvv Enclosure ‘cc: Vicki Adams, Yakima County Planning Department, w/ Enclosure Pat Spurgin, City of Yakima Pro Tem Hearing Examiner, w/ Enclosure DOC. INDEX 8 6-4 - NOTICE OF DECISION & RECOMMENDATION City of Yakima Hearing Examiner Decision May 19, 2009 On April 9, 2009, the City of Yakima, Hearing Examiner, conducted a public hearing to consider a Rezone application to rezone parcel of land from Single - Family Residential (R -1) to Two - Family Residential (R -2) and a Type (3) application to establish a "convalescent, nursing, and group home" facility in the vicinity of S. 32nd Avenue & W. Tieton Drive in a Two - Family Residential (R -2) zoning district. On May 15, 2009, the Hearing Examiner rendered his decision -to recommend approval of the requested rezone subject to conditions and to approve the proposed Class (3) land use subject to conditions. Parcel number: 181322 -44051 City of Yakima file number: RZ# 001 -09 & CL(3)# 005 -09 Enclosed is a copy of the Hearing Examiner's final findings, decision, and recommendation. The decision may be appealed to the Yakima City Council. Such appeal shall be filed within fourteen days following the date of mailing of this notice and shall be in writing on forms provided by the Planning Division along with the $295.00 appeal fee. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance, you may contact Kevin Futrell, Assistant Planner, at 509- 575 -6164 or by email at kfutrell@ci.yakima.wa.us. J Davenport Planning Manager Encl. Hearing Examiner's Decision, Mailing Map, and Site Plan DOC. INDEX HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: Thursday April 9, 2009 A. RZ#001 -09 420 South 32 Avenue CL3 #005 -09 John and Patricia Tate SEPA #004 -09 B. CL3 #003 -09 Foursquare Church / Yakima Valley 1705 West Chestnut Avenue Memorial Hos s ital PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A or B. . /.' .._....' ' 4 t C7;;W /( /1/ •q' 9F9S / at_.L_ (.( ``, N \.,v? See \_e ck ios y1 is, e QcioQ a fiv Is r &bi - 5_o l l Q > e .904o, 1.46v5 Fe fi r(__, C\ 6 .c* Co , Ci..e f `t111,:t • AL -Q % 7d M MO e.r (sZ__. . M6 ni ITi e +z,,, 1),^ 9 ./ 'o,2_ -< ; Lh .o,.4, ‘ ,28// L t 71 4 y9 9 0 2 E . / i e- ae / .C. S/AL i K k . y > C - • t c/ix_ S - ' Fe /5 aeon .2 z /lg 61 /6evf 1)i- 10-e. 9F 9oc;) 6. 6-rnbe.r No hr • f,Q,Qra,. 1 (4-01 1 c,wn oy-I- Voc- 1 1 °9O oU tAs09 et v t1/4 • S').01 '"te, <0C e t Wi D2_, IS /MA „ah a A t160 d Dili, 9 i eo-C cw, `i v2 e yviy /id ZA440,1. 11a S V•I. C6514.) 514. i''c �( S� Yc� �. 4 ,t . �,,� ,�,� 2� I p w la).14 , ,, - ,e.— `x45 � . l l � ) 11 , i \ ∎ e - !J O. q6 -1 6 • & � e� h o' . C w•,,vr,,+..)c 1. D 2 � Doc. INDEX Page 1 DEPAR1 MF ' "A' OF COMMUNITY AND ECONOMIC " 'VFLOPMFNT } i r 'a Planning Division i ... • • > 129 North Second Street, 2nd Floor Yakima, Washington 98901 • V ••' . c . % (509) 575 -6183 • Fax (509) 575 -6105 • www.ci.yakima.wa.us CITY OF YAKIMA • HEARING EXAMINER AGENDA . Thursday April 9, 2009 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS A. JOHN A & PATRICIA J TATE (02/10/2009) RZ #001 - Planner: Kevin Futrell CL3 #005 -09 Address: 420 South 32nd Avenue SEPA #004 -09 Request: Rezone one parcel from R -1 to R -2 for the purpose of establishing a transitional care facility. (Continued from March 26, 2009) B. FOURSQUARE CHURCH/ (01/12/09) CL3 #003 -09 MEMORIAL HOSPITAL > Planner: Alice Klein Address: 1705 West Chestnut Avenue Request: Establish a day care center in the ground floor of the church. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. Yakima DOC. brad • 11e•A11�eacnr I INDEX i I O i 6 .- 1, 1994 • Hearing Examiner Packet Phil Lamb KIT -KATS Radio Distribution List 311 North 3rd Street 4010 Summitview, Suite 200 AGENDA ONLY Yakima, WA 98901 Yakima, WA 98908 Ken Crockett Yakima Assoc, of Realtors KARY Radio Mike Brown Gov. Affairs Committee 1200 Chesterly Dr. #160 2707 River Road Comm. Relations Yakima, WA 98902 -1165 Yakima, WA 98902 KCYU -FOX 68 KIMA TV Sam Granato David Okowski Police Chief 1205 West Lincoln Ave. P.O. Box 702 Yakima, WA 98902 Yakima, WA 98907 Charlie Hines Pacific Power KNDO TV Fire Chief Mike Paulson 1608 S. 24th Ave 500 N. Keys Rd. Yakima, WA 98902 • Yakima, WA 98901 Office of Rural FWH , Debbie Moore Marty Miller Yakima Herald - Republic City Clerk . 1400 Summitview #203 P.O. Box 9668 Yakima, WA 98902 Yakima, WA 98909 Ben Soria VIVA Carolyn Belles Yakima School Dist. #7 Codes 104 North 4th Street P.O. Box 511 Yakima, WA 98902 Toppenish, WA 98948 Dave Zabell Business Times KBBO -KRSE Radio Assistant City Manager Bruce Smith 1200 Chesterlye Dr. St. 160 P.O. Box 2052 Yakima, WA 98907 Yakima, WA 98902 Dick Zais Yakima Valley C.O.G. Patrick D. Spurgin City Manager 311 N. 4 Street STE 202 411 N. 21,a St. Yakima, WA 98901 Yakima, WA 98901 KAPP TV Brian Paul Gary Cuillier Codes Bulletin Board P.O. Box 10208 314 N. 21,a Street Yakima, WA 98909 -1208 Yakima, WA 98901 Radio KDNA P.O. Box 800 Granger, WA 98932 DOC. INOEX # 6 -5 Hearing Examiner Packet AGENDA, STAFF REPORT, City Legal Department Engineering SITE PLAN AND MAPS......... Mike Antijunti Yakima County Planning County Courthouse Office of Neighborhood and Bill Cook Development Services CED Director DON'T FORGET TO SEND Binder Copy For the Record /File ONE TO THE APPLICANT........... • John and Patricia Tate 11 North 59th Avenue Yakima, WA 98908 • • Barge- Chestnut Neighborhood 2607 Barge Street Yakima, WA 98902 Cindy Noble 5609 West Arlington Street Yakima, WA 98908 DOC. INDEX # .-5 j • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA #004 -09 John and Patricia Tate • • 420 South 32nd Avenue I, RosaIinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Final DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies, and all interested parties of record. That said property owners are individually . listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 20th day of March, 2009. That I mailed said notices in the manner herein set forth and that all of the • statements made herein are just and true. • ( U.601? ."?6_ Rosalinda Ibarra Planning Specialist • DOC. - INDEX AUK1r;NNh L ENGELHART ANN & MUHAMMAD CHAUDHRY ANNA T & TIMOTHY A DUFAULT 401 S 32ND AVE 420 S 34TH AVE 1 610 S 32ND AVE YAKIMA,: WA 98902 -3634 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44024 181323 -33021 181322 -44050 BERT & JEANETTE OTTO BILL & GLENDA EPPERHEIMER BOBBY G & LUCILLE D JONES PO BOX 9552 411 S 32ND AVE 3301 TIETON DR YAKIMA, WA 98909 YAKIMA, WA 98902 YAKIMA, WA 98902 181326 -22505 181323 -33018 181327 -11007 BRIAN C & JENNIFER S MCCOWN C. L. HILL CHISTIAN EVANGELISTIC ASSEMBL: 610 S 31ST AVE 409 S 32ND AVE 3414 TIETON DR YAKIMA, WA 98902 YAKIMA, WA 98902 -3634 YAKIMA, WA 98902 181326 -22509 181322 -44014 181322 -44042 CHRISTOPHER M & DIAUN D JENSEN CRAIG D & PATRI J SUNDQUIST CRAIG D & PATRICIA J SUNDQUIS'J 607 S 31ST AVE 408 S 32ND 408 S 32ND AVE YAKIMA, WA 98902 YAKIMA 98902 YAKIMA, WA 98902 • 181327 -11410 181323 -33003 181326 -22502 CRAIG E & CYNTHIA ELQUIST D BRUCE SIMPSON DAN R & PAMELA D HAMMONTREE 602 VOLTAIRE AVE 216 S 24TH AVE 611 S 32ND AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44453 181327 -11404 . 181322 -44506 DARL L. TAYLOR DAVID E & GAIL PARK FAST DAVID HEAD 412 S 34TH AVE 607 VOLTAIRE AVE PO BOX YAKIMA, WA 98902 -3641 YAKIMA, WA 98902 YAK , WA 98907 181322 -44507 181327 -11403 181326 -22504 DAVID HEAD DAVID MD ETAL BROWN DEBORAH L WAGNER PO BOX 1304 613 VOLTAIRE AVE 614 S 31ST AVE YAKIMA, WA 98907 YAKIMA, WA 98902 -3960 YAKIMA, WA 98902 181327 -11412 181326 -22011 181322 -44033 DEREK A & JOAN C LA FRAMBOISE DON C. DILLON DONALD & DIANNE J WOLTERSTORFF 506 S 32ND AVE 617 S 32ND AVE 416 S 32ND AVE YAKIMA, WA 98902 YAKIMA, WA 98902 -4019 YAKIMA, WA 98902 [81327 -11418 181327 -11420 181323 -33010 )OUGLAS D & JANETTE HEARRON EDITH DRURY MATSEN EDUARDO PACHECO ;15 S 34TH AVE 605 S 34TH AVE 402 S 31ST AVE ( AKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 r 81322 -44009 181323 -33014 181326 -22004 ;DWARD L STYSKEL HAROLD D & SARAH R HUNTER JACQUILYN G KNIGHT 304 HOME DR 581 OLD NACHES HWY 3010 TIETON DR AKIMA, WA 98902 YAKIMA, WA 98908 -8922 YAKIMA, WA 98b INDEX 81323-33015 181326 -22510 181326-22009 #___ AMES E & MARY E ACKERMAN JAMES G & MARY E HOPFINGER JAMES M & JUDY M HORST 06 S 31ST AVE 605 S 31ST AVE 605 S 32ND AVE AKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 - 44015 181322 -44049 181323 -33020 JOE R & DIAN OBERSON ) JOSEPH & DIANE ROBERSON ) JOSEPH KETTERER 3305 TIC' DR 3305 TIETON DR 412 S 31ST AVE Y , WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44016 181327 -11497 181327 -11498 LANCE J & CHERYL L REESE LARRY S & TH C LEFORS LARRY S & JUDITH C LEFORS 409 S 34TH AVE 602 S AVE 602 S 32ND AVE YAKIMA, WA 98902 YA , WA 98902 YAKIMA, WA 98902 181322 -44025 181322 -44012 181323 -33022 LAWRENCE A & DOLORES ALVARADO LEANNE HELEN BIRRAN LESLIE P HEIMGARTNER 417 S 34TH AVE 407 SO 34TH AVE PO BOX 8173 YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 989080173 181322 -44048 181322 -44017 181327 -11408 LINDA D BENJAMIN LINDA KIME LINDA M BURDETTE 3207 TIETON DR 411 S 34TH AVE 613 VOLTAIRE AVE YAKIMA, WA 98902 YAKIMA, WA 98902 -3640 YAKIMA, WA 98902 -3960 181323 -33013 181323 -33011 181327 -11409 LISA M DALEY MARLENE Y PARKS MARVEL LEE 403 S 32ND AVE #2 404 S 31ST AVE 606 VOLTAIRE AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 -3961 181322 -44041 181322 -44032 181322 -44040 MARVIN GENE & JO ANN COLLIER MARY A VERHEY MAYRA P & JOHN N NAIDEN RIVER/ 410 S 32ND AVE 414 S 32ND AVE 404 S 32ND AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44046 181326 -22506 181323 -33016 MAYRA P & N NAIDEN RIVERA MICHAEL D KAUTZMAN MICHAEL J GUNDERSON 404 S 3 AVE 7012 LOREN PL 720 N 44TH AVE Y , WA 98902 YAKIMA, WA 98908 YAKIMA, WA 98908 181327 -11421 181326 -22007 181327 -11419 MICHAEL MORALES MOISES E & MARGARITA BRAVO NORMA MANTEY 601 S 34TH AVE 3106 TIETON DR 611 S 34TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 -3672 YAKIMA, WA 98902 -3928 181322 -44026 181326 -22503 181326 -22026 PATRICK J & NANCY L CRABB PAUL & CHRISTINE HARBECK QUETIN M COULTER 3311 TIETON DR 616 S 31ST AVE 603 S 31ST AVE YAKIMA, WA 98902 -3657 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44 181322 -44021 181322 -44031 RAY G NDIN RAYMOND ELOISE R BLONDIN RAYMOND G & ELOISE R BLONDIN 4 63RD AVE 411 3RD AVE 411 N 63RD AVE YAKIMA, WA 98908 IMA, WA 98908 YAKIMA, WA 98908 DOC. INDEX L81327 -11407 181327 -11422 181322 -44038 # t� _ L/(f 2ICHARD JOHN & SANDRA KAYE FAIRE ROBERT C & LESLIE GAYE KORN ROGER SCHMAHL 316 VOLTAIRE AVE 3308 TIETON DR 406 S 32ND AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 1tl1J12-44U5l 181322 -44027 RONALD A. KROUS SAMUEL R & ANNE ISHMAEL S826 -22010 420 S 32ND AVE. PO BOX 1220 i 601R 3 A CELND AVEULLIAM�/� YAKIMA, WA 98902 -3635 YAKIMA, WA 98907 Y MA, WA 98902 /�� 181322 -44047 VV\ 181323-33019 . SEAN P & '•: ' M WHI SON OFLINN SHIRLEY A MURPHY STIG & MARIANNE MARELD 3209 ON DR 410 S 31ST AVE 602 S 31ST AVE A, WA 98902 -3656 YAKIMA, WA 98902 -3632 YAKIMA, WA 98902 181322 -44037 181322 -44034 181323 -33617 SUMIKO M. HARRIS SUZANNE FROMHERZ TERRYL A GOECKLER 406 1/2 S 32ND AVE 418 S 32ND AVE 3171 SPEYERS RD YAKIMA, WA 98902 -3635 YAKIMA, WA 98902 SELAH, WA 98942 -9244 181323 -33012 181322 -44023 181322 -44454 THOMAS J & MARIA TOVAR THOMAS R & SHIRLEY JOLLY TIM A &' SHELLY L PRICE 403 S 32ND AVE # 1 413 S 34TH AVE 414 S 34TH AVE YAKIMA, WA 98902 -3634 YAKIMA, WA 98902 • YAKIMA, WA 98902 181326 -22501 181327 -11402 181323 -33024 WILLIAM A HAMBELTON WILLIAM J GLENSKI' YAKIMA VALLEY MEMORIAL HOSPIT 615 S 32ND AVE 621 VOLTAIRE AVE 2811 TIETON DR YAKIMA, WA 98902 -4019 YAKIMA, WA 98902 YAKIMA, WA 98902 11323 -33487 181323 -33488 181323 -33509 YAKIMA VA MEMORIAL HOSPITAL YAKIMA VAL MEMORIAL . HOSPITAL YAKIMA VA SUBSI IARY LLC 2811 ON DR 2811 T ON DR 1301 AVE # 3500 YA MA, WA 98902 YA , WA 98902 S TLE, WA 98101 -2647 PCo;,..9' John and Patricia Tate 84 label s • tied for map sheet tate 1 i S 11 North A 59th Avenue �� 42m ,� � � ( Yakima, WA 98908 t \ j 0 � ^ 7 Barge- Chestnut Neighborhood 1 5 ( l�' 2607 Barge Street • ;243 �� A Yakima, WA 98902 . : \`^ Cindy Cindy Noble 1 � 3 5609 West Arlington Street Yakima, WA 98908 �- • cod` DOC. ` ' %,,A INDEX G # 6_tic Use•Avery® Template 5160® •' Feed Paper expose Pop-Up EdgeTM I OD -RG; SEPA Reviewer Army Corps Dept. of Natural Resources Mr. Greg Griffith PO Box c -3755 713 Bowers Rd Div. of Archeol & Hist. Pres. Seattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 • Cascade Natural Gas Dept of Soc /Health Service WA State Attorney Gen. Office • 701 S. 1s Ave Capital Programs Ofc. Bld 1433 Lakeside Ct. Stel02 Yakima, WA 98902 MS OB -23B Yakima, WA 98902 Olympia, WA 98504 Dept. of Health Chamber of Commerce Michelle Vazquez City of Union Gap '' PO Box 3008 10 N 9 St. 1500 W. 4' Ave. St. 305 Yakima, WA 98901 Spokane, WA 99204 Union Gap, WA 98903 Dept. of Transportation Tom McAvoy Gary W. Pruitt Planning Engineer Q -West Clean Air Authority 2809 Rudkin Road 8 S. 2 Ave. Room 304 329 North 1" Street Union Gap, WA 98903 Yakima, WA 98902 Yakima, WA 98901 Environmental Protection Agency West Valley School District Mr. Lee Faulconer Attn: Peter Ansingh Dept. of Agriculture 1200 6`'' Ave. MS 623 Seattle, WA 98101 8902 Zier Road PO Box 42560 Yakima, WA 98908 Olympia, WA 98504 FAA Yakima Co Health Dist • Gwen Clear 2200 W. Washington 1210 Ahtanum Ridge Drive Dept of Ecology Yakima, WA 98903 Union Gap, WA 98903 15 W. Yakima Ave. St. 200 Yakima, WA 98902 • Yakima Greenway Foundation Department of Ecology Nob Hill Water Co 1 1 S 18''' St. Environmental Review Section 6111 Tieton Drive Yakima, WA 98901 PO Box 47703 Yakima, WA 98908 Olympia, WA 98504 -7703 Yakima School 'District • Chuck Hagerhjelm Pacific Power WA State Emergency Mgmt. Div. Superintendent Mike Paulson 104 N. 4'' Ave Mitigation, Analysis & Planning Mgr 500 N. Keys Rd Yakima, WA 98902 Building 20 Yakima, WA. 98901 Camp Mu7 WA 98430 -5122 Yakama Indian Nation Yakima Airport Dept. of CTED Manager Cultural Resources Program Growth Management Services 2400 W. Washington Ave Johnson Meninick, Mgr PO Box 42525 Yakima, WA 98903 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98948 YVCOG Yakama Indian Nation Ahtanum Irrigation District Environmental Protection Prog. Transportation Planner QC P.O. Box 563 . Moses Segouches 311 N. 4`�' Street STE 2 Yakima, WA 98907 QEX PO Box 151 Yakima, WA 98901 Toppenish, WA 98948 • f:tiquettes faciles peter ; Repliez a la hachure afin de ; www.avery.com Sns de Utilisez le gabarit AVERY 5160® cha reveler le rebord Pop Up*"" I 1- 800 -GO -AVERY Easy Peale Labels A Bend along line to t Use'Avery,® `Template 5160® Feed Paper ®@ expose Pop-Up Edge"' ❑ AVERY® 5960TM A 1 Federal Aviation Administration Cayla Morgan, Airport Planner Environmental Coordinator Mr. Doug Mayo Bureau of Indian Affairs • Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Toppenish WA 98948 • Ruth Jim Mr. Marty Miller Yakima County Commissioners Yakama Tribal Council Office of Farm Worker Housing PO Box 151 1400 Summitview #203 • Toppenish, WA 98948 Yakima, WA 98902 • Mr. Vern Redifer Dept. of Archaeology & Historic Eric Bartrand Yakima County Public Services Preservation Dept. of Fisheries PO Box 48343 1701 S. 24` Ave Olympia, WA 98504 -8343 Yakima, WA 98902 Mr. Scott Nicolai WSDOT Aviation Division Mr. Steven Erickson Yakama Indian Nation - Fisheries John Shambaugh Yakima County Planning PO Box 151 P.O. Box 3367 Toppenish, WA 98948 Arlington, WA 98223 Yakima - Klickitat Fisheries Project Soil Conservation Dist John Baugh • John Marvin Attn: Ray Wondercheck Yakima Valley Museum 771 Pence Road 1606 Perry St Suite F 2105 Tieton Drive Yakima, WA 98909 Yakima, WA 98902 Yakima, WA 98902 • s< \. v . 0 • • DOC. INDEX # 6 � 1 IN -HOUSE DISTRIBUTION LIST Royale Schneider Ron Melcher Mike Antijunti Mike Shane Code Administration Fire Dept. Engineering Division Water /Irrigation Div. Carolyn Belles Jerry Robertson Office of Neighborhood City Legal Dept. & Development Code Administration Code Administration Services Sandy Cox, Codes City Clerk Bill Cook, CED Nathan Thompson DECISIONS DECISIONS Dir. DECISIONS ONLY ONLY DECISIONS ONLY ONLY For the Record /File Binder Copy DECISIONS ONLY v/ 0\ ( (;\ o („ Doc. INDEX _ �� rse: 1JJ - V7 LGY�2l1 INOI1l e; L'1NJ - JUllll d11U rallIeld 141G - t�L, l L� Jizrr rUU11S11 J /GV. i eel 1... rage 1 U1 1 • Ibarra, Rosalinda • From: Legals [legals @yakimaherald.com] Sent: Monday, March 16, 2009 3:47 PM To: Ibarra, Rosalinda Subject: Re: 03 -20 -09 Legal Notice: DNS - John and Patricia Tate - RZ,CL3, SEPA. Publish 3/20. Acct 11002 I've scheduled the attached legal notice for 3/20, for a cost of $87.23. On 3/16/09 2:39 PM, "Ibarra, Rosalinda" <ribarra©ci.yakima.wa.us> wrote: Please publish only once on Friday March 20, 2009. Send affidavit of publication and invoice to: Account 11002 WASHINGTON,STATEY City of Yakima, Planning Division .ENVIRONMEN 3' POLICY ACT' DETERMINATION OF ;. I NONSIGNIFICANCE'; 129 North 2nd Street, Yakima, WA 98901 � 0 1 p * $HINGTON ,March 20„2009,,,; Owner /Applican4;' John "& • Patricia Tate 11 N:: 59th Avenue' Yakima WA • (98908+ 4 - Location: 420 S ` 32nd Avenue ', Yakima:._ WA Rosalinda Ibarra 98soe. '' Parcel INumber 181322 rLead Agency City of Ya Planning Specialist kima _ °City .File Number "SEPA; #004 09•� n ;' + 1 ribarra ci. akima.wa.us :Parent' Fa re t Zoning Smole, y F Project Rasid (R 1) '; De sc ential ription ;Re- zone .from SingleaF,amily- :Resrd t0 Two - Family Residential } ; Determination ,,the lead, • .agency for this _ proposal, City of Yakima !:has determmed,';that it: does net heye a Tprobabla; 'significant adverse impact: 129 North 2nd Street on t An. Environmental - �«'�;tlmpact, Statemerit„(EIS) isr.not re guired + «sunder , RCW 143 21C 030(2)(c) This'de -1 Yakima, WA 98901 j ciswn was made after re" \yi@W of'a Completed " envi -' ronmental checklist ` and other'infonnation on file p: (509) 575 -6183 with the dead agency? • This information Is - ava�la bie to n ine pubilc on xre- f: 509 575 quest ( ) -6105 & Contact Parson 4Kavm Fu,, '`Assistant Pl 5094575 = 6164,, A SEPA , Responsible �,Offi- cial `William CED Director129N -2nd Streeeri Yakima; 't.WA 1§890,;(509)575 You: 0*y, appeal this .de7 . terminationato,the'City g Yakima y Punning . Diw ; .e ..r f.,t Fu ..; r•.,s e^+d �,.; r v+ :i; ;tit �i.; , swn tatl',1291'N.: *.St; 1 Yakima TWA y 98901 ono. later than April 3 2009 by= Simon S i Z e r hhng a''complete appeal Legal /Obituary Clerk a 5 0 5:, , tion a l ' Bep r e $505 a ppealfifee'.Be pre;. pared Tito ' make' Specifi Yakima Herald - Republic factualoblections a, Phone: 509- 577 -7740 (09549909) ,March „x,,20 Fax: 509-577-7766 DOC. legals @yakimaherald.com INDEX • 3/20/2009 • • PRESS RELEASE WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON March 20, 2009 Owner /Applicant: John & Patricia Tate, 11 N. 59th Avenue, Yakima, WA 98908 Location: 420 S. 32nd Avenue, Yakima, WA 98908 Parcel Number: 181322 -44051 Lead Agency: City of Yakima City File Number: SEPA 4 -09 Current Zoning: Single - Family Residential (R -1) • Project Description: Rezone from Single - Family Residential to Two - Family Residential. Determination: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. `W There is no comment period for this DNS This DNS is issued after using the optional DNS process in WAC § 197 -11 -355. There is no flu comment period on the DNS. This DNS is issued under WAC § 197 -11- 340(2); the lead agency will not act on this proposal for 20 days from the date below. 1 Responsible Official: William Cook, Director of Community & Economic Development, 129 N. 2nd St., Yakima, WA 98901 (509)575 -6113 Date: March 20, 2009 You may appeal this determination to: Joan Davenport, Planning Manager, 129 N. 2nd St., r;? Yakima, WA 98901, no later than April 3, 2009. You must submit a completed appeal application form with the $505 application fee. Be prepared to make specific factual objections. There is no agency appeal. Contact the City of Yakima, Planning Division, for infoinration on appeal procedures. DOC. INDEX 6_�a • rage iofi } Ibarra, Rosalinda . . From: lbarra, Rosalinda Sent: Friday, March 20, 2009 8:29 AM To: Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; lbarra, Rosalinda; Jenny Escobar; KDNA; KIMA TV; KNDO News; KUNS -TV Univision; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott Mayes; • Yakima Business Journal; Yakima Herald Republic Newspaper Subject: 03 -20 -09 Press Release: DNS - John and Patricia Tate - RZ, CL3, SEPA Attachments: DNS - John and Patricia Tate - RZ, CL3, SEPA_ Press Release.doc Rosanne, please post to: http : / /www_.c yakima wa us/ s ervices /planning/SEPADetenninatfons.asp Thanks! tposatinda Marra Planning Specialist ribarra @ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, \VA 98901. p: (309) 575 -6183 C: (509) 575 -6105 • • • • • • DoC. INDEX 3/20/2009 NOTICE OF DETERMINATION Washington State Environmental Policy Act (SEPA) March 20, 2009 On February 25, 2009, the City of Yakima, Washington issued a Notice of Application and Environmental Review regarding an application submitted by John and Patricia Tate to rezone a parcel of land from Single - Family Residential (R -1) to Two - Family Residential (R -2). The rezone will be in compliance with the Yakima Urban Area Comprehensive Plan's Future Land Use Designation. The subject property is located at 420 S. 32nd Avenue, Yakima, WA. Parcel Numbers: 181322 -44051 City File Number: EC #4 -09 Following the required 20 -day comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Determination and issuance of a Determination of Nonsignificance (DNS). The SEPA Determination may be appealed within 14 days from the date of this mailing. The appeal period ends at 5:00 PM on April 3, 2009 Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 N. 2nd St., Yakima, Washington, accompanied by a $505.00 appeal fee. For further information, please contact Kevin Futrell, Assistant Planner at (509) 575 -6164. 6 11A 1 (jit ' 1-) J n Davenport Planning Manager Notice of Decision Mailing Date: March 20, 2009 Enclosures: SEPA Determination of Nonsignificance, Vicinity & Mailing Maps, and Site Plan DOC. INDEX WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON March 20, 2009 Owner /Applicant: John & Patricia Tate, 11 N. 59th Avenue, Yakima, WA 98908 Location: 420 S. 32nd Avenue, Yakima, WA 98908 Parcel Number: 181322 -44051 Lead Agency: City of Yakima City File Number: SEPA 4 -09 Current Zoning: Single - Family Residential (R -1) Project Description: Rezone from Single - Family Residential to Two - Family Residential. Determination: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. (`- There is no comment period for this DNS r This DNS is issued after using the optional DNS process in WAC § 197 -11 -355. There is no further comment period on the DNS. This DNS is issued under WAC § 197 -11- 340(2); the lead agency will not act on this proposal for 20 days from the date below. Responsible Official: William Cook, Director of Community & Economic Development, 129 N. 2nd St., Yakima, WA 98901 (509)575 -6113 Date: March 20, 2009 Signature: You may appeal this determination to: Joan Davenp. , Pla r • Manager, 129 N. 2nd St., r Yakima, WA 98901, no later than April 3, 2009. You .'. Abmit a completed appeal application form with the $505 application fee. Be prepared to make specific factual objections. r There is no agency appeal. Contact the City of Yakima, Planning Division, for information on appeal procedures. DOC. INDEX ,r ! • • AFFIDAVIT OF MAILING STATE OF WASHINGTON • • CITY OF YAKIMA RE: ` RZ #001 -09, CL3 #005 -09, SEPA #004 -09 John and Patricia Tate • • 420 South 32 Avenue I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, • Environmental Review, and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually • listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 25th day of February, 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. . , osalinda Ibarra Planning Specialist • • DOC. • INDEX • # 6.3a 18133- 33009 181322 -44456 181327 -11002 ADRIENNE L ENGELHART 1 ANN & MUHAMMAD CHAUDHRY j ANNA T & TIMOTHY A DUFAULT 401 S 32ND AVE ' 420 S 34TH AVE 610 S 32ND AVE YAKIMA, WA 98902 -3634 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44024 181323 -33021 181322 -44050 BERT & JEANETTE OTTO BILL & GLENDA EPPERHEIMER BOBBY G & LUCILLE D JONES PO BOX 9552 411 S 32ND AVE 3301 TIETON DR YAKIMA, WA 98909 YAKIMA, WA 98902 YAKIMA, WA 98902 181326 -22505 181323 -33018 181327 -11007 BRIAN C & JENNIFER S MCCOWN C. L. HILL CHISTIAN EVANGELISTIC ASSEMBL 610 S 31ST AVE 409 S 32ND AVE 3414 TIETON DR YAKIMA, WA 98902 YAKIMA, WA 98902 -3634 YAKIMA, WA 98902 181326 -22509 181322 -44014 18 322 -44042 CHRISTOPHER M & DIAUN D JENSEN CRAIG D & PATRICIA J SUNDQUIST CRAIG D P. • A SUNDQUIS' 607 S 31ST AVE 408 S 32ND AVE 408 2 : AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181327 -11410 181323 -33003 181326 -22502 CRAIG E & CYNTHIA ELQUIST D BRUCE SIMPSON DAN R & PAMELA D HAMMONTREE 602 VOLTAIRE AVE 216 S 24TH AVE 611 S 32ND AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44453 181327 -11404 181322 -44506 DARL L. TAYLOR DAVID E & GAIL PARK FAST DAVID HEAD 412 S 34TH AVE 607 VOLTAIRE AVE PO BOX 1304 YAKIMA, WA 98902 -3641 YAKIMA, WA 98902 YAKIMA, WA 98907 181322 -44507 181327 -11403 181326 -22504 DA ID ,.•D DAVID MD ETAL BROWN DEBORAH L WAGNER PO :OX 1 0 613 VOLTAIRE AVE 614 S 31ST AVE YAK , WA 98•17 YAKIMA, WA 98902 -3960 YAKIMA, WA 98902 181327 -11412 181326 -22011 181322 -44033 DEREK A & JOAN C LA FRAMBOISE DON C. DILLON DONALD & DIANNE J WOLTERSTORFF i06 S 32ND AVE 617 S 32ND AVE 416 S 32ND AVE ( AKIMA, WA 98902 YAKIMA, WA 98902 -4019 YAKIMA, WA 98902 _81327 -11418 181327 -11420 181323 -33010 )OUGLAS D & JANETTE HEARRON EDITH DRURY MATSEN EDUARDO PACHECO ;15 S 34TH AVE 605 S 34TH AVE 402 S 31ST AVE ' AKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 81322 -44009 181323-33014 181326 -22004 :DWARD L STYSKEL HAROLD D & SARAH R HUNTER JACQUILYN G KNIGHT 304 HOME DR . 581 OLD NACHES HWY 3010 TIETON DR AKIMA, WA 98902 YAKIMA, WA 98908 -8922 YAKIMA, WA 15,kvs INDEX 81323 -33015 181326 -22510 181326 -22005 61 ORG AMES E & MARY E ACKERMAN JAMES G & MARY E HOPFINGER JAMES M & J'UDY M HST 06 S 31ST AVE 605 S 31ST AVE 605 S 32ND AVE AKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44015 181322 -44049 ' 181323 -33020 JOE R & DIANE L ROBERSON : JOS PH & D NE 0 ER ON JOSEPH KETTERER 3305 TIETON DR 330 I T ' i 412 S 31ST AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44016 181327 -11497 181327 -11498 LANCE J & CHERYL L REESE LARRY S & JUDITH C LEFORS LAR Y S U I D CO ORS 409 S 34TH AVE 602 S 32ND AVE 602 ND YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44025 181322 -44012 181323 -33022 LAWRENCE A & DOLORES ALVARADO LEANNE HELEN BIRRAN LESLIE P HEIMGARTNER 417 S 34TH AVE 407 SO 34TH AVE PO BOX 8173 YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 989080173 181322 -44048 181322 -44017 181327 -11408 LINDA D BENJAMIN LINDA KIME LINDA M BURDETTE 3207 TIETON DR 411 S 34TH AVE 613 VOLTAIRE AVE YAKIMA, WA 98902 YAKIMA, WA 98902 -3640 YAKIMA, WA 98902 -3960 181323 -33013 181323 -33011 181327 -11409 LISA M DALEY MARLENE Y PARKS MARVEL LEE 403 S 32ND AVE #2 404 S 31ST AVE 606 VOLTAIRE AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 -3961 181322 -44041 181322 -44032 181322 -44040 4ARVIN GENE & JO ANN COLLIER MARY A VERHEY MAYRA P & JOHN N NAIDEN RIVERF 110 S 32ND AVE 414 S 32ND AVE 404 S 32ND AVE i'AKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44046 181326 -22506 181323 -33016 RA`RA P . JO. N RIVERA MICHAEL D KAUTZMAN MICHAEL J GUNDERSON 104 S ND • E 7012 LOREN PL 720 N 44TH AVE 'AKI`•, WA 98902 YAKIMA, WA 98908 YAKIMA, WA 98908 81327 -11421 181326 -22007 181327 -11419 IICHAEL MORALES MOISES E & MARGARITA BRAVO NORMA MANTEY ,01 S 34TH AVE 3106 TIETON DR 611 S 34TH AVE AKIMA, WA 98902 YAKIMA, WA 98902 -3672 YAKIMA, WA 98902 -3928 81322 -44026 181326 -22503 181326 -22026 ATRICK J & NANCY L CRABB PAUL & CHRISTINE HARBECK QUETIN M COULTER 311 TIETON DR 616 S 31ST AVE 603 S 31ST AVE AKIMA, WA 98902 -3657 YAKIMA, WA 98902 YAKIMA, WA 98902 81322 -44020 181322 -44021 181322 -44031 AY G BLONDIN RAYMOND G & ELOISE R BLONDIN RAYMOND & R BLONDIN 11 N 63RD AVE 411 N 63RD AVE 41 N 6 E AKIMA, WA 98908 YAKIMA, WA 98908 YAK , WA 98918 INDEX 81327 -11407 181327 -11422 181322- 44038. # 6 - 3c ICHARD JOHN & SANDRA KAYE FAIRE ROBERT C & LESLIE GAPE KORN ROGER SCHMAHL • 16 VOLTAIRE AVE 3308 TIETON DR 406 S 32ND AVE AKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181322 -44051 181322 -44027 I 181326 -22010 RONALD A. KROUS ' SAMUEL R & ANNE ISHMAEL SARA CELESTE PULLIAM 420 S 32ND AVE PO BOX 1220 601 S 32ND AVE YAKIMA, WA 98902 -3635 YAKIMA, WA 98907 YAKIMA, WA 98902 181322 -44047 181323 -33019 181326 -22006 SEAN P & ROBIN M WHITSON OFLINN SHIRLEY A MURPHY STIG & MARIANNE MARELD 3209 TIETON DR 410 S 31ST AVE 602 S 31ST AVE YAKIMA, WA 98902 -3656 YAKIMA, WA 98902 -3632 YAKIMA, WA 98902 181322 -44037 181322 -44034 181323 -33017 SUMIKO M. HARRIS' SUZANNE FROMHERZ TERRYL A GOECKLER 406 1/2 S 32ND AVE 418 S 32ND AVE 3171 SPEYERS RD YAKIMA, WA 98902 -3635 YAKIMA, WA 98902 SELAH, WA 98942 -9244 181323 -33012 181322 -44023 181322 -44454 THOMAS J & MARIA TOVAR THOMAS R & SHIRLEY JOLLY TIM A & SHELLY L PRICE 403 S 32ND AVE # 1 413 S 34TH AVE 414 S 34TH AVE YAKIMA, WA 98902 -3634 YAKIMA, WA 98902 YAKIMA, WA 98902 181326 -22501 181327 -11402 181323 -33024 WILLIAM A HAMBELTON WILLIAM J GLENSKI YAKIMA VALLEY MEMORIAL HOSPIT 615 S 32ND AVE 621 VOLTAIRE AVE 2811 TIETON DR YAKIMA, WA 98902 -4019 YAKIMA, WA 98902 YAKIMA, WA 98902 181323 -334: ,181323 -33488 181323-33509 YA' MA VA LEY '4E %•I - OSPITAL YAKI VALLEY EMORIAL HO ITAL YAKIMA VALLEY SUBSIDIARY LLC 2811 '" TON DR 2811 IETON .ISR 1301 5TH AVE # 3500 YAKIMA, WA 98902 YAKIMA, 98902 SEATTLE, WA 98101 -2647 Jo and Patricia Tate WAIT, s � 11 North 59th Avenue 84 labels p„rted for ma P sheet t ate Yakima, y,A 98908 -AG e rg %///' � e z O --1,- c � v pe K 9 Barge- Chestnut Neighborhood � / • r) G i,/ De S 2607 Barge Street 0' 1\ C .*OD4 -° Yakima, WA 98902 Cindy Noble 5609 West Arlington Street Yakima, WA 98908 • DOC. INDEX # - G 3 C ' OD -RG, SEPA Reviewer Mr. Greg Griffith Amy Corps Dept. of Natural Resources Div. of Archeol & Hist. Pres. PO Box c -3755 713 Bowers Rd PO Box 48343 Seattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 Cascade Natural Gas Dept of Soc /Health Service 701 S. 1 S ` Ave Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office Yakima, WA 98902 MS OB -23B 1433 Lakeside Ct. Ste102 Olympia, WA 98504 Yakima, WA 98902 Chamber of Commerce Dept. of Health City of Union Gap 10 N 9''' St. Michelle Vazquez PO Box 3008 Yakima, WA 98901 1500 W. 4 Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Dept. of Transportation Tom McAvoy Gary W. Pruitt Planning Engineer Q -West Clean Air Authority 2809 Rudkin Road 8 S. 2 Ave. Room 304 329 North l S ' Street Union Gap, WA 98903 Yakima, WA 98902 Yakima, WA 98901 Environmental Protection Agency West Valley School District Mr. Lee Faulconer 1200 6 "' Ave. MS 623 Attn: Peter Ansingh Dept. of Agriculture Seattle, WA 98101 8902 Zier Road PO Box 42560 Yakima, WA 98908 Olympia, WA 98504 Gwen Clear FAA Yakima Co Health Dist Dept of Ecology 2200 W. Washington 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Yakima, WA 98903 Union Gap, WA 98903 Yakima, WA 98902 Department of Ecology Yakima Greenway Foundation Environmental Review Section Nob Hill Water Co 111 S. 18"' St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Chuck Hagerhjelm Yakima School District Pacific Power WA State Emergency Mgmt. Div. Superintendent Mitigation, Analysis & Planning Mgr Mike Paulson 104 N. 4 ` Ave Building 20 500 N. Keys Rd Yakima, WA 98902 Yakima, WA 98901 Camp Murray, WA 98430 -5122 Yakima Airport Yakama Indian Nation Cultural Resources Program Dept. of CTED Manager Johnson Meninick Mgr Growth Management Services 2400 W. Washington Ave p0 Box 151 PO Box 42525 Yakima, WA 98903 Toppenish, WA 98948 Olympia, WA 98504 -2525 YVCOG Yakama Indian Nation Ahtanum Irrigation District Transportation Planner Environmental Protection Prog. P.O. Box 563 311 N. 4 Street STE 2 Moses Segouches Yakima, WA 98907 Yakima, WA 98901 ��'' PO Box 151 INDEX Toppenish, WA 98948 • Federal Aviation Administration Environmental Coordinator Mr. Doug Mayo Cayla Morgan, Airport Planner Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 Ruth Jim Mr. Marty Miller Yakima County Commissioners Yakama Tribal Council Office of Farm Worker Housing PO Box 151 1400 Summitview #203 Toppenish, WA 98948 Yakima, WA 98902 Mr. Vern Redifer Dept. of Archaeology & Historic Eric Bartrand Yakima County Public Services Preservation Dept. of Fisheries PO Box 48343 1701 S. 24 Ave Olympia, WA 98504 -8343 Yakima, WA 98902 Mr. Scott Nicolai WSDOT Aviation Division Mr. Steven Erickson Yakama Indian Nation - Fisheries John Shambaugh Yakima County Planning PO Box 151 P.O. Box 3367 Toppenish, WA 98948 Arlington, WA 98223 Yakima - Klickitat Fisheries Project Soil Conservation Dist John Baugh John Marvin Attn: Ray Wondercheck Yakima Valley Museum 771 Pence Road 1606 Perry St Suite F 2105 Tieton Drive Yakima, WA 98909 Yakima, WA 98902 Yakima, WA 98902 RAc 01A-0 56-01 1-69 I 6/C‘i • DOC. INDEX (-1_3G In -House Distribution List Royale Schneider Ron Melcher Mike Antijunti Mike Shane Code Administration Fire Dept. Engineering Division Water /Irrigation Div. Carolyn Belles Jo Da nport Ne ig h of Code Administration City Legal Dept Traffi Bring Neighborhood & Development Services Jerry Robertson " For the Nathan Thompson DECISIONS Code Administration Record /File ONLY Bill Cook, CED Sandy Cox, Codes City Clerk Binder Copy Dir. DECISIONS DECISIONS. DECISIONS ONLY ONLY DECISIONS ONLY ONLY 01-5r 0l� 0/4,061 � -v DOC. INDEX # 6_3c, Ke: ,:i2 -2 -' I9 Legal Notice` IN I L ' '� AYYL for SLYA anct YihAK11NLT = Jar ,JOnn - KL,1 -uy, LL... rage 1 or 1 } 1 Ibarra, Rosalinda - From: Legals [legals ©yakimaherald.com] Sent: Monday, February 23, 2009 11:20 AM To: Ibarra, Rosalinda Subject: Re: 02 -25 -09 Legal Notice: NTC OF APPL for SEPA and HEARING -Tate, John - RZ1 -09, CL3 5 -09, SEPA4- 09 I've scheduled the attached legal notice for 2/25, for a cost of $248.27. On 2/23/09 10:17 AM, "Ibarra, Rosalinda" <ribarra @ci.yakima.wa.us> wrote: Please publish only once on Wednesday February 25, 2009. Send affidavit of publication and invoice to: Account 11002 City of Yakima, Planning Division 129 North 2nd Street, Yakima, WA 98901 Rosalinda Ibarra Planning Specialist ribarra @ci.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 p: (509) 575 -6183 f: (509) 575 -6105 • C°Jrtit Pn: t ry carry Simon Sizer Legal /Obituary Clerk • Yakima Herald- Republic Phone: 509 -577 -7740 DOC. Fax: 509 - 577 -7766 INDEX legals @yakimaherald.com # & 3b 2/23/2009 I � • • CITY' "OF YAKIMA r •, NOTICE OF APPLICATION'FOR;ENVIRONMENTAL REVIEW , ., ,AND PUBLIC HEARING . February 25, 2009 -' To SEPA Aeviewmg , Agencies, •Applicant and Adjoin- ing » Property Owners 1 . from: Joan Davenport Planning Manager Subject: ,Notice ',of Application for an' Environmental Re=, view;`Rezone, &`Type (3) Review Project Location 420.'S 32nd . Ave., Yakima WA 98908 s Assessor Parcel No 181322 44051 ProjectApplicant John:.& Patncia 1T-..N 59th': Ave:; Yakima; WA 98908 y City;: File Numbers RZ #1 09 y C1( 3 ) y§-09,, & EC #4 09 Pro e ct Description Tile;Ctty of Yaktma ;Departme t, of:Conimunity', & Economic Development received an a "pplication for' an Environmental; Review' Rezone, & Type =(3) Review. The•applicant,proposes to change.the' • zoning from.Sirigle Family Residential'to Two,Family'. Residential A'Class (3),''land use'for a convalescent; • nursing "and group home ": facility is,assoctated:;with the' requested rezone They applicant is,reque`sting''the 're ; zone• to enable them to,applwfor *the convalescent;: • nursing and group home" facility as a,Class,`:(3) „land' use. :The proposed Rezone does not, require•` a.Compre;; hensive Plan Amendmnt 10 complete the Rezone be =; cause Two = Family Residential' zoning is,compatible with the;Low Density. Residential Future;Land Use:Designa tion. NOTICE` OF ENVIRONMENTAL. REVIEW: This, is to notify private' a gencies with jurisdiction and "environ • mental expertise?and the public that the City of Yakima, Planning Division has,,been established, as. ;the lead; . agency pursriant,10 the Washington State Environment, tai Policy Act•`(WAC § 197.11 926) for the above Stated - rezone The City of Yakima has reviewed the proposed, rezone for probable adverse environmental impacts and expects to issue a ,Determination of Nonsigpificance, • (DNS)'. The Optionai S rocess;ln WAC' §,•17 - 1 9t„ 355isabemg :used, The proposal rnayiinclude measures mitigation' easures under applicable - codes` regardless, of wheth -, er an EIS is prepared. A copy of the subsequent thresh- old determination may be obtained by request; and;rnay ' • be appealed pursuant to.Y §,6.88.170 This"rriay bet your only ,opportunity , to comment'^on the :environ = Mental impacts of the, proposed`;r'ezone and'assoct= rated project. The. environmental checklist and other •formation are on file and are .available to the public , upon request at, the City :of Yaktma; Planning' Division, 2nd floor of City Hall, 'If you have any:;qu'estions on this proposal, contact Kevin :Futrell:at” "509- 575 -6164 or Mu -• • trell@ci.yakima.wa.us. NOTICE OF TYPE (3).REVIEW: The Type (3) Review, is'.required•to allow the applicant, fa Operate, a convalescent nursing, and group home" facility, at this location : The 'development'ea - proposed meets oncen >meet.the,''City of Yakima's site design''re=" qu and the City anticipates recommending ap- proval for the use. '" NOTICE OF OPEN- RECORD: PUBLIC HEARING, A public hearing?, before'the'Heanng,Examiner,for the Re zone. and Type ,(3) Review Will be held on Thursday, April 9,' 2009, at 'SAW in the' City'of Yakima Council Chambers,5129 North.2nd'Strreet, Yakima,.WA. Yousare,, welcome,to;,attend ;the,public hearing., REQUEST' FOR WRITTEN COMMENTS:,"Your views on this. rezone are welcom cie e Agens tribes and the public,are encour= egad. to orevtew` and `com on';the rezone, d4tts: probable,environmentaly impacts - Written 'comme re ; ceived by.'March 17,.2009 will be constdered'pnorto • issuing the final SEPA D You•may submit? your " on the Class;(3) land use'and Re- zone - ,up until the hearingsdate, Mail' your cornments`on! • the #propdsed. project to Joan Davenport, .Plannmg, Manager City, o1 Yaktma 129 N 2nd Street 'Yakima,:' Please reference the applicant s name,or file number tn; your•borrespondence (Tate RZ #1-09 CL(3) #5 09 on Required Permits/Studies None Knownm - ` Existing Environmental Documents None Known• Development 'Regulations For Mitigation And '_Consistericy; ^Include the'State Environme Policy'AcI Yakima Urban :Area Zoning Ordinance'and, Yakima Urban Area Comprehenstve,plan 2025:; e NOTICE :OF DECISION A of SEPA } De' termination mailed partiesoof recordiat ",'th of ttie day period The Hearing Examiner' Decision (for the7Type(3) ".Review): and •Recommenda - don "(forrthe Rezone) will 'be marled %at IeasFlen bust,: ness 'days afte'r,;.the Heanng closes the,, re cord. The ;determination'andxdecisions may ap pealed to the City of,Yakima within;' fourteen' days : from. . the date the determinationand decisions are mailed DOC (09549661) Febniary :25 2009.: r � ' INDEX U -3b • PRESS RELEASE CITY OF YAKIMA NOTICE OF APPLICATION FOR ENVIRONMENTAL REVIEW AND PUBLIC HEARING February 25, 2009 To: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners . From: Joan Davenport, Planning Manager Subject: Notice of Application for an Environmental Review, Rezone, & Type (3) Review NOTICE OF APPLICATION Project Applicant: John & Patricia Tate, 11 N. 59th Avenue, Yakima, WA Project Location: 420 S. 32nd Avenue, Yakima, WA Assessor Parcel No: 181322 -44051 City File Numbers: RZ #1 -09, CL(3) #5 -09, & EC #4 -09 Project Description: The City of Yakima, Department of Community & Economic Development, received an application for an Environmental Review, Rezone, & Type (3) Review. The applicant proposes to change the zoning from Single - Family Residential to Two - Family Residential. A Class (3) land use for a "convalescent, nursing, and group home" facility is associated with the requested rezone. The applicant is requesting the rezone to. enable them to apply for the "convalescent, nursing, and group home" facility as a Class (3) land use. The proposed Rezone does not require a Comprehensive Plan Amendment to complete the Rezone, because Two - Family Residential zoning is compatible with the Low Density Residential Future Land Use Designation. • NOTICE OF ENVIRONMENTAL REVIEW This is to notify private agencies with jurisdiction and environmental expertise and the public that the City of Yakima, Planning Division, has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (WAC § 197 -11 -926) for the above stated rezone. The City of Yakima has reviewed the proposed rezone for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS). The Optional DNS process in WAC § 197 -11 -355 is being used. The proposal may include mitigation measures under applicable codes regardless of whether an EIS is prepared. A copy of the subsequent threshold detennination may be obtained by request and may be appealed pursuant to YMC § 6.88.170. This may be your only opportunity to comment on the environmental impacts of the proposed rezone and associated project. NOTICE OF TYPE (3) REVIEW The Type (3) Review is required to allow the applicant to operate a "convalescent, nursing, and group home" facility at this location. The development as proposed meets or can meet the City of Yakima's site design requirements and the City anticipates recommending approval for the proposed use. REQUEST FOR WRITTEN COMMENTS Your views on this rezone are welcome. Agencies, tribes, and the public are encouraged to review and comment on the rezone and its probable environmental impacts. Written comments received by March 17, 2009, will be considered prior to issuing the final SEPA Determination. You may submit your written comment on the Class (3) land use and Rezone up until the hearing date. Mail your comments on the proposed project to: Joan Davenport, Planning Manager City of Yakima DOC. INDEX PRESS RELEASE 129 N. 2nd Street Yakima, WA 98901 The environmental checklist and other information are on file and are available to the public upon request at the City of Yakima, Planning Division, 2nd floor of City Hall. If you have any questions on this proposal, contact Kevin Futrell at 509 -575 -6164 or kfutrell@ci.yakima.wa.us. ci.yakima.wa.us. Please reference the applicant's name or file number in your correspondence. (Tate - RZ #1 -09, CL(3) #5 -09, or EC #4 -09) NOTICE OF OPEN RECORD PUBLIC HEARING A public hearing before the Hearing Examiner, for the Rezone and Type (3) Review, will be held on Thursday, April 9, 2009, at 9AM in the City of Yakima Council Chambers, 129 N. 2nd Street, Yakima, WA. You are welcome to attend the public hearing. Required Permits /Studies: None Known Existing Environmental Documents: None Known Development Regulations For Project Mitigation And Consistency Include: the State Environmental Policy Act, Yakima Urban Area Zoning Ordinance, and Yakima Urban Area Comprehensive Plan 2025. NOTICE OF DECISION A copy of the Final SEPA Determination will be mailed to parties of record at the end of the 20- day comment period. The Hearing Examiner's Decision (for the Type (3) Review) and Recommendation (for the Rezone) will be mailed at least ten business days after the Hearing Examiner closes the record. The determination and decisions may be appealed to the City of Yakima within fourteen days from the date the determination and decisions are mailed. • • • • • • DOC. INDEX # 6-3a. • rage i o1 r } , Ibarra, Rosalinda From: Futrell, Kevin Sent: Wednesday, February 25, 2009 8:51 AM To: Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; Ibarra, Rosalinda; Jenny Escobar; KDNA; KIMA TV; KNDO News; KUNS -TV Univision; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott Mayes; Yakima Business Journal; Yakima Herald Republic Newspaper Subject: 02 -25 -09 Press Release: NTC OF APPL for SEPA and HEARING - Tate, John - RZ1 -09, CL3 5 -09, SEPA4 -09 Attachments: NTC OF APPL for SEPA and HEARING - Tate, John - RZ1 -09, CL3 5 -09, SEPA4 -09_ Press Release.doc Rosanne to post to planning website at: http://www.ci.yakiina.wa.usiservices/planning/Noficenfap.asp Essentially yours, Kevin Futrell, J.D. Assistant Planner 5 -616 DOC. INDEX 2/25/2009 • • CITY OF YAKIMA NOTICE OF APPLICATION FOR ENVIRONMENTAL REVIEW AND PUBLIC HEARING February 25, 2009 To: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners From: Joan Davenport, Planning Manager Subject: Notice of Application for an Environmental Review, Rezone, & Type (3) Review NOTICE OF APPLICATION Project Applicant: John & Patricia Tate, 11 N. 59th Avenue, Yakima, WA • Project Location: 420 S. 32nd Avenue, Yakima, WA Assessor Parcel No: 181322 -44051 City File Numbers: RZ #1 -09, CL(3) #5 -09,, & EC #4 -09 Project Description: The City of Yakima, Department of Community & Economic Development, received an application for an Environmental Review, Rezone, & Type (3) Review. The applicant proposes to change the zoning from Single- Family Residential to Two - Family Residential. A Class (3) land use for a "convalescent, nursing, and group home" facility is associated with the requested rezone. The applicant is requesting the rezone to enable them to apply for the "convalescent, nursing, and group home" facility as a Class (3) land use. The 'proposed Rezone does not require a Comprehensive Plan Amendment to complete the Rezone, because Two - Family Residential zoning is compatible with the Low Density Residential Future Land Use Designation. NOTICE OF ENVIRONMENTAL REVIEW This is to notify private agencies with jurisdiction and environmental expertise and the public that the City of Yakima, Planning Division, has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (WAC § 197 -11 -926) for the above stated rezone. The City of Yakima has reviewed the proposed rezone for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS). The Optional DNS process in WAC § 197 -11 -355 is being used. The proposal may include mitigation measures under applicable codes regardless of whether an EIS is prepared. A copy of the subsequent threshold determination may be obtained by request and may be appealed pursuant to YMC § DOC. INDEX : G-3 • • 6.88.170. This may be your only opportunity to comment on the environmental impacts of the proposed rezone and associated project. NOTICE OF TYPE (3) REVIEW The Type (3) Review is required to allow the applicant to operate a "convalescent, nursing, and • group home" facility at this location. The development as proposed meets or can meet the City of Yakima's site design requirements and the City anticipates recommending approval for the proposed use. REQUEST FOR WRITTEN COMMENTS Your views on this rezone are welcome. Agencies, tribes, and the public are encouraged to review and comment on the rezone and its probable environmental impacts. Written comments received by March 17, 2009, will be considered prior to issuing the final SEPA Determination. You may submit your written comment on the Class (3) land use and Rezone up until the hearing date. Mail your comments on the proposed project to: Joan Davenport, Planning Manager City of Yakima 129 N. 2nd Street • Yakima, WA 98901 The environmental checklist and other information are on file and are available to the public upon request at the City of Yakima, Planning Division, 2nd floor of City Hall. If you have any questions on this proposal, contact Kevin Futrell at 509 -575 -6164 or kfutrell @ci.yakima.wa.us. Please reference the applicant's name or file number in your correspondence. (Tate - RZ #1 -09, CL(3) #5 -09, or EC #4 -09) NOTICE OF OPEN RECORD PUBLIC HEARING A public hearing before the Hearing Examiner, for the Rezone and Type (3) Review, will be held on Thursday, April 9, 2009, at 9AM in the City of Yakima Council Chambers, 129 N. 2nd Street, Yakima, WA. You are welcome to attend the public hearing. Required Permits /Studies: None Known Existing Environmental Documents: None Known Development .Regulations For Project Mitigation And Consistency Include: the State Environmental Policy Act, Yakima Urban Area Zoning Ordinance, and Yakima Urban Area Comprehensive Plan 2025. NOTICE OF DECISION A copy of the Final SEPA Determination will be mailed to parties of record at the end of the 20- day comment period. The Hearing Examiner's Decision (for the Type (3) Review) and Recommendation (for the Rezone) will be mailed at least ten business days after the Hearing Examiner closes the record. The determination and decisions may be appealed to the City of Yakima within fourteen days from the date the detennination and decisions are mailed. Encl: Written Narrative, Environmental Checklist, Mailing & Vicinity Maps, and Site Plan DOC. INDEX • 4 ti . CITY OF YAKIMA ' fn.IRnl LAND USE ACTION INSTALLATION CERTIFICATE Project Number: Date of Installation: J Site Address: Location of Installation (Check One) ' Land Use Action Sign is installed per standards described in YUAZO § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre- approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: — -- ----------------- _._. -- I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print) Date ,_ ` d 414 a e 02 - � Applican S aturi ___ Tel hone Number of Applicant ‘v-i/g 1:(14 ' e required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509 - 575 -6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. DOC. INDEX . DEPARTM 'v7' OF COMMUNITY AND ECONOMIC "!s'VELOPMENT :•' Planning Division ' s 129 North Second Street, 2nd Floor Yakima, Washington 98901 'sV ••. � •,)'% (509) 575 -6183 • Fax (509) 575 -6105 • www.ci.yakima.wa.us wa.us ow 1 9F 1111'1• `\ ` - - - t't I February 20, 2009 /, John Tate 11 N. 59th Avenue Yakima, WA 98908 Re: Determination of Application Completeness (RZ 1 -09, CL(3) 5 -09, & EC 4 -09) Dear Mr. Tate: Your application to rezone a parcel of land from Single - Family Residential (R -1) to Two - Family Residential (R -2) was received February 10, 2009. You application has been determined complete as of February 20, 2009; additional information may be required throughout the application process. Continued processing of your request will include, but is not limited to, the following actions: 1. Notification to adjacent property owners and SEPA agencies of the proposed • Rezone and the public hearing date for the Rezone and the Type (3) Review, legal notice for the SEPA review and public hearings published in the Yakima Herald Republic, and the posting of the property for the proposed Type (3) Review and Rezone, twenty days prior to the hearing date. 2. Issuance of an environmental determination in compliance with the State Environmental Policy Act. 3. Preparation of staff report for the proposed Rezone and Class (3) Use. 4. The public hearing before the Hearing Examiner. 5. "Closed Record" public hearing before City Council for the final decision on the Rezone. 6. Notice of City Council' s Decision on the Rezone and a fourteen -day appeal period. If you have any questions regarding this matter, please call me at 575 -6164 or e-mail me at kfutrell @ci.yakima.wa.us. Esse 'a11; y l rs, Kevin Fut -11 Assistant Planner a ®C. Yakima INDEX 11111! 1 6_ / . 1994 • JOHN AND PATRICIA TATE RZ #001 -09, CL3 #005 -09, SEPA #004 -09 EXHIBIT LIST • CHAPTER H Public Comments , N lOtte TMENT .. Add".,:. ..�e , m ke:, . .a .,mss. ` H -1 Comment Letter submitted by Gary Forrest 04/09/2009 H -2 Comment Letter submitted by John Tate 04/10/2009 • H -3 E -mail message from Patricia Tate to Ralph Call 04/12/2009 H -4 Comment Letter submitted by Ralph Call 04/13/2009 • ^/7 - 09 � r Caw v. 't rc\ Y tet 4., C ety kAilAtA %Kt qieAt k etit. T °ter rnAyhs. cokcerliegoi bMr S kc of 14..t lr r iegs f oroo( biatmaeir • C .vp ft./4 , �r ,'f ott A oaf •-rti‘ 14u: ace: .1' Claei.rt or �Cswt- J More. ob'trarid) e we aawl a A ° PPtirt tf4c cat/Joe si li �, d4•141,Aw 44aoloa 010 Pt/ aMe • -7-74,44., v D /,.[ cad yr r-Piro Page 1 01 ! Date: Sunday, April 12, 2009 7:41 PM From: Patty Tate <yakcity @charter.net> 10 ralphcall @charter.net Subject: house on 32d and tieton - -from Patty tate Ili Raph —let's plan a time to get together and discuss a compromise on this rezoning - -would like to get it hammered out (hopefully it won't require a hammer) early this week. I will be in the house on 32d for a good part of the week working— think that might be a good place to meet. Would prefer not to meet with an entourage - -just a couple of people please, otherwise lwe'II feel attacked. A couple of city folk suggested we have a formal meeting with planners, lawyers etc. Really don't think all that drama is necessary. I'm pretty sure that were all reasonable people and can get this figured out. It seems that the ambush method has been fairly effective for your organization, but that's not the way I like to do things. So I'm going to be up front, no surprises- -want to let you all know what I'm thinking and what I am suggesting. Talking points below: • We do understand where you're coming from. Those of us who have lived in Yakima most of our lives have seen the changes that have taken place especially in the last 20 -25 years, are appalled, but have been helpless to stop it. Yakima is not the town we used to know. I make a point of driving through different streets in my neighborhood frequently looking for signs of what I call the "creeping crud " -- graffiti, broken down cars, too many people living in one house etc etc. • We would like you to acknowledge where (we're coming from as well. The house is on a very busy corner, not likely that any family would want to live there -- certainly wouldn't want to have a cat or dog-- - and tam confindent we could get it rezoned if we were determined enough to go the distance. The city is anxious to have more R -2's, and that house is perfect for the cause. Historical designation is not a roadblock to rezoning — plenty of businesses have opened in "historical" houses. • We realize that you are concerned with what could happen should we fail or quit the business. Actually that would give me pause if I were a neighbor. I would hate to see that lovely old house turned into a multifamily mess. But an empty house that is unkempt and in disprepair is a negative in any • neighborhood —more than an eyesore, it would attract break -ins, graffit, squaters etc. Actually you could have a large family living there that could do loads of damage —the neighborhood is actually much better off having a quiet business there with people who have a vested interest in keeping the property in good order, and who care about keeping the value of the neighborhood intact. • I think what you really need to control is the type of businesses that could be in houses like that one. Businesses like ours can be a plus in an area like that (we would certainly keep the property better than a few of our immediate neighbors do theirs). But th wrong businesses can be problematic to say the • least. • Following are some suggested compromises- - 1. We agree that if we quit our business within 5 years, the house reverts back to R -1. If however, we are still operating after 5 years, it becornes R -2 . or 2. The house gets rezoned as R2, but any business aside from the same business that we have, nmist be approved, by the BCNA • or 3. We retain the right to refile for unrestricted R2 zoning in 3 years. • or .. 4. If any house within the area you have designated as being in the BCNA concern gets rezoned, hltp: / /ssomail.charter. net /do /mail /message/ preview? msgld— INI30XDELIM3267 &1— en -US. Doc. INDEX # -3 our house becomes R -2 with no agreements attached We would be available to meet on Tuesday anytime afte • 2, on Wednesday most of the day. Let us know what's convenient Thanks - -Patty Tate • • • hlt / /ssomail.ch;trter. net /d9 mail/ messagc/previcw ?msgid )NBOXDELIM3267 &) —en -US DOC.INDEX # �, JOHN A. TATE - CONSULTING ENGINEER 11 NORTH 59th AVENUE, YAKIMA, WASHINGTON 98908 PH (509) 972 -3079 FAX (509) 972 -7920 CELL (509) 910 -7124 January 29, 2009 Regarding: Open Hearing Thursday April 9, 2009 @ 9 A.M. @ City of Yakima RECEIVED Class (3) Review Rezone from R -1 to R -2 APR 1 0 2009 Referencing: Kinderhafen, L.L.C. CITY OF YAKIMA 420 South 32 " Avenue PLANNING DIV. Yakima, WA. 98902 At the hearing referenced above, the conclusions and recommendations of the findings from the City of Yakima Planning Department were read. The City of Yakima proposed acceptance of the proposal with no limitations provided the recommendations were complied with. We agree with these conclusions and findings as stated by the City of Yakima. At the hearing, it was read and recorded that no objections to the proposal from homeowners acting privately were received during the allotted comment period. At the hearing, objections were voiced from the Barge - Chestnut Homeowners Association (BCHA). At the hearing, a member(s) of the BCHA stated that the formation and maintenance of the BCHA was for the purpose of opposing business within the area. At the hearing, a member(s) stated that it was not the nature of the proposed business that was objectionable, it was the rezone from R-1 to R -2 that was objectionable. At the hearing, a member(s) of the BCHA stated that an agreement would be acceptable similar to the one produced for the Simpson property located at 3111 Tieton Drive in Yakima. At the hearing, we stated that we would indeed sign a similar document if that signing was the only way the proposal could go forward, thus placing conditions upon the use of the property when rezoned from R -1 to R -2 for the purpose of conducting business as outlined the original proposal. We would certainly rather not sign such an agreement unless it is indeed the only way that the proposal could go forward. That being said, since the arguments against the proposal were solely and entirely presented by the BCHA, it can be easily concluded that the intent of such an agreement would need to only be satisfactory to the BCHA and us, provided that it comply with the City of Yakima conclusions and findings and is legally sound. It is my opinion, based on the conclusions and finding of the City of Yakima and the statements from representatives of the BCI-IA at the hearing, that such an agreement includes the following: 1. Since the agreement was not a requirement of the City of Yakima conclusions and findings regarding this proposal and since the agreement would benefit only the BCHA and certainly not us, any and all costs associated with this agreement shall be borne by the BCHA. These shall include but not be limited to drafting, printing, submitting, recording, maintaining, legal referencing, legal filing et al. 2. Since the agreement was not a requirement of the City of Yakima conclusions and findings regarding this proposal and since the agreement would benefit only the BCHA and certainly not us, should the entity referred to as the BCHA cease to exist or cease to be a viable entity, then the agreement would become null and void and the conclusions and findings of the City of Yakima would become the only limit placed upon the proposal! 3. Since the agreement was not a requirement of the City of Yakima conclusions and findings regarding the proposal and since the agreement would benefit only the BCHA and certainly not us, then the statements made by representatives of the BCHA should be honored. It was stated that the BCHA existed for the opposing of business in the area. Therefore, if a new business is approved and established within the area of my proposal, then this agreement would become null and void. Again, since the BCHA was the sole voiced opposition to my proposal, then a like area to my proposal should be enforced for this provision. Barge Street is XXXX feet from my property on which the proposal would be located. Since the proposal was solely opposed by the BCHA, DOC. INDEX then the area for the new business which would make this agreement null and void should include an area defined by a horizontal radius from my property of XXXX feet. Further, since the BCHA was not in opposition to the type of business proposed, our proposal for a similar /like business should not be limited to ownership of the property by us. Therefore, should we decide to sell the property and the subsequent owner(s) decide to use the property for the use of a similar/like business, the subsequent owner(s) should be allowed to do so without contestation by the BCHA provided the owner(s) accepts the conditions of this agreement. 4. Since the opposition by the BCHA to our proposal was based on projected and/or future business failure on our part and thus the unrestricted sale of an R -2 zoned property, should our proposed business remain viable for a period of five (5) years from the day of opening, then the agreement accepted by the BCHA and us would become null and void. Respectfully submitted, RECEIVE P ,�, APR 0 2009 J. . Tate, P.E., S.E. QTY OF YAKIIW, DERHAFEN -4 PLANNING DIV. DOC. INDEX April 09, 2009 From: The Barge- Chestnut Neighborhood Association Land Use Committee To: The. City of Yakima Hearing Examiner Re: RZ #001 -09, CL3 #005 -09, and SEPA #004 -09 concerning the property at 420 S 32 Ave. owned by John A & Patricia J Tate; and the associated request to rezone the parcel from R -1 to R -2 for the purpose of establishing a transitional care facility. My name is Gary Forrest. I live at 3011 Barge St, just 4 blocks north and 1 block east of the property in question. I am a member of the BCNA and a member of the BCNA's Land Use Committee. Thank you for the opportunity to comment on this proposed rezone and the class (3) use being proposed for the new level of zoning. The BCNA has been involved in land use issues for the past several years. Many of us as a concerned citizens and Land Use Committee members spent numerous hours listening to community leaders and involved citizens discuss the merits or lack thereof of the entire Yakima Urban Area Comprehensive Plan including the associated Zoning Ordinance. This was when these documents were going through a mandated review in 2005 -06. We felt good about the finished product and all of the goals and policies stated within; such as, Chapter III Goal 3.3 that is titled "Preserve Existing Neighborhoods" or Goal 3.4 titled "Restore old neighborhoods and Revitalize Declining Neighborhoods." Goal 3.4 and its associated Policy 3.4.4 are especially important to those of us living in these areas. Policy 3.4.4 says "Maintain and Preserve the existing single - family residential neighborhoods of Northeast, Southeast and Barge- Chestnut areas of the City ". These areas where singled out because of their historical contributions to the City, the architecture represented within and maybe some guilt because portions of the Northeast and Southeast were given no protection in the past when they really needed it. The BCNA is not here to argue against the merits of Mr. and Mrs. Tate's proposed business plan that would serve a very cherished and vulnerable part of our community. We are here to argue against placing this business in an R -1 neighborhood when it could go most any where outside an R- lzone. We are here to argue strongly against a rezone of any kind. Rezones like this strip away,a neighborhoods protection one layer at a time. Mr. Tate, in his narrative on his application for a class 3 review argues under 6 -C that "The use of the Kinderhafen facility (proposed) is consistent with the current property zoning (R -1) of a largely residential neighborhood" We submit that if such were the case, no rezone would be necessary. Mr. Tate continues his argument stating that the properties to the North, West and South are zoned R -1 while to the East was a DOC. INDEX medical office currently zoned B -1 and then the Yakima Valley Memorial Hospital campus zoned R -2. For the record, we wish to point out that the property to the East that Mr. Tate referred to as a medical office and currently zoned B -1 has an asterisk attached to it. That attachment is called, City of Yakima Ordinance No. 2001 -65 (Simpson Rezone & Development Agreement regarding 3111 Tieton Drive.) This document says that should the Simpsons sell or dispose of the property, the zoning reverts back to R -1. We also wish to point out that the adjacent property to the East of 3111 Tieton Drive is a parking lot facing 31st Ave. It is also zoned as R -1. Mr. & Mrs. Tate's property is surrounded by R -1. They are asking for the creation of an island and wanting to name it R -2. We don't believe there is a shortage of R -2 zones in the City and see no need to create more. The Tate's have made a claim about their proposal bringing the only such facility to the eastside of the State and as such, would lift a big and expensive travel burden from the families needing the proposed care facility. We are certain that their claim is true. However, the same claim could be made if the facility was placed any where in the City. To our knowledge, the proposal is not connected to Yakima Valley Memorial Hospital, nor is it sponsored by Yakima Valley Memorial Hospital. What over powering reason is there to place such a facility in a soon to be registered historical district? The Yakima Urban Area Zoning Ordinance Chapter 15.03.02 District and Map Overlay Intent Statements on page 34 under B. Single- Family Residential District (R -1) says under point 2. That it is intended to "preserve existing residential neighborhoods for detached single - family dwellings free from other uses to ensure the preservation of the existing . residential character It goes on to say "This zone is intended to afford single - family neighborhoods the highest level of protection from encroachment by potentially incompatible non - residential land uses or impacts." If the zoning change is approved to R -2, the neighborhood is now protected at an entirely different level. And what if things don't work out for the Tate's and they move on. The neighborhood is still here but now we have to worry about "churches, synagogues, temples, community centers, a meeting hall or a fraternal organization establishing themselves on the property with only level 2 reviews instead of level 3s. Or, someone builds a duplex with a level 1 review instead of a level 3. Or worse yet, a multi- family dwelling is allowed with a level 2 review instead of none being allowed in an R -1 zone. Regarding this proposal, we recommend that the Hearing Examiner 1. Deny the application for failure to be compatible with an R -1 neighborhood. Show us that "highest level of protection" that these ordinances, goals and policies so publicly proclaim. Or DOC. INDEX 2. Direct the applicant to withdraw their application and with the help of City staff, draft an ordinance and development agreement patterned after City Ordinance 2001 -65 that would protect the neighborhood with the parcel reverting back to R -1 should the • Tate's business plan change, fail or is sold. Drafted properly, such an agreement is something we could live with; a rezone standing on its own merits is not. Sincerely The Barge- Chestnut Neighborhood Association Land Use Committee Doc. INDEX S1 h? /