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HomeMy WebLinkAbout11/04/2024 13.B. Distribution of the Complete Record for the Comp Plan Amendment and Rezone (CPA#004-24, RZ#004-24, SEPA#007-24) proposed by the City of Yakima i4 'e/2: i t Ili I I i&•1— + i,i �,t'1,`'k`OAA`l VD BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13.B. For Meeting of: November 4, 2024 ITEM TITLE: Distribution of the Complete Record for the Comp Plan Amendment and Rezone (CPA#004-24, RZ#004-24, SEPA#007-24) proposed by the City of Yakima SUBMITTED BY: Bill Preston, Interim Community Development Director *Eric Crowell, Senior Planner SUMMARY EXPLANATION: The complete record for this proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR) to General Commercial (GC), is being distributed to City Council members in advance of the public hearing scheduled for November 19, 2024. Materials are being distributed in advance to allow adequate time for review. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: N/A RECOMMENDATION: ATTACHMENTS: CC Packet_CPA#004-24_.pdf 191 y4x V4\ =7-17 "Ilt -„oRn rti'•tit .cam t\�rar ti t+ CITY OF YAKIMA CPA#004-24, RZ#004-24, SEPA#007-24 Yakima City Council Open Record Public Hearing November19, 2024 EXHIBIT Applicant: City of Yakima File Numbers: CPA#004-24, RZ#004-24, & SEPA#007-24 Site Address: 2300 E. Birch St. Staff Contact: Eric Crowell, Senior Planner Table of Contents CHAPTER AA Yakima Planning Commission's Recommendation CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D Applications CHAPTER E Public Notices CHAPTER F Public/Agency Comments 192 CITY OF YAK IMA CPA#004-24, RZ#004-24, SEPA#007-24 EXHIBIT LIST CHAPTER AA Yakima Planning Commission's Recommendation DOC DOCUMENT DATE INDEX# AA-1 Yakima Planning Commission's Recommendation 10/09/2024 193 7Y '''`'N. COMML; vI : TY DEVELOPMENT DEPARTMENT Arli •`1ii: W Bill Preston,P.E., Director Ya".L, s. Trevor Martin,AICP,Manager ` Planning •Division F. 129 North Second Street,2nd Floor, Yakima, Washington 98901 ,;,tiA00,{ATa, 'a.;$-. Phone (509) 575-6183 • Fax (509) 575-6105 • Email: ask.planning@yakimawa.gov YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR COMPREHENSIVE PLAN AMENDMENT AND REZONE CPA#004-24, RZ#004-24, SEPA#007-24 October 9, 2024 WHEREAS, The City of Yakima adopted the Yakima Comprehensive Plan 2040 on June 6, 2017; and WHEREAS, The City of Yakima last amended its Title 15 Zoning Ordinance on July 23, 2023; and WHEREAS, Under the provisions of YMC Ch. 15.23 a change in circumstances or conditions may warrant a change in the zoning map consistent with the goals, policies, and intent of the Yakima Comprehensive Plan 2040; and WHEREAS, Under the provisions of YMC Ch. 1.42 the Yakima Planning Commission (YPC) is responsible for the review of these applications and for recommending the approval, modification or denial of each request; and WHEREAS, On April 30, 2024 an application for a Comprehensive Plan Amendment and Rezone was submitted by the City of Yakima Planning Division on behalf of Comprehensive Healthcare, to change the Future Land Use designation from Low Density Residential to Commercial Mixed Use and Rezone from Suburban Residential (SR) to General Commercial (GC), parcels 191329-41406, 191329-41410, & 191329-41412 (CPA#004-24, RZ#004-24); and WHEREAS, The applications were considered complete for processing on July 24, 2024 and public notice was provided, in accordance with the provisions of YMC Ch. 15.23, on August 13, 2024; and WHEREAS, On August 23, 2024 a lot line adjustment was finalized by Yakima County following a Short Plat Exemption approved by the Planning Division on August 9, 2024, which resulted in the proposed rezone area now containing parcels 191329-41406, 191329-41410, and portions of 191328-32006 and 191329-44003; and Yakima •�tp uf0C. 1111.1 INDEX 1 2015 1994 194 WHEREAS, SEPA Environmental Review was completed with a determination of Nonsignificance issued on August 29, 2024, which was not appealed (SEPA#007-24); WHEREAS, the Yakima Planning Commission held an open record public hearing on September 25, 2024 to hear testimony from the public, consider the Comprehensive Plan Amendment and Rezone, and provide a recommendation to the Yakima City Council; Now therefore, the Yakima Planning Commission presents the following findings of fact, conclusions, and recommendation to the Yakima City Council: APPLICATION #: CPA#004-24, RZ#004-24, SEPA#007-24 APPLICANT: City of Yakima Planning Division APPLICANT ADDRESS: 129 N. 2nd St., Yakima, WA 98901 PROJECT LOCATION: 2300 E. Birch St. PARCEL(S): 1 91 329-41 406, -41410, & -41412 [old] 191328-32006, 191329-41406, -41410, & -44003 [new] I. FINDINGS OF FACT: A. The applicant requests to change the Future Land Use category from Low Density Residential to Commercial Mixed Use and Rezone from Suburban Residential to General Commercial. B. The subject property is approximately 7.57 acres in size and is surrounded by commercial and industrial uses with commercial and residential zoning. C. The City of Yakima Planning Division provided a detailed staff report to the Planning Commission for review during its September 25, 2024 public hearing, with the recommendation of APPROVAL of the proposed rezone. D The proposed Comprehensive Plan Amendment and Rezone from Suburban Residential (SR) to General Commercial (GC) is consistent with the applicable approval criteria in YMC § 15.23.030, as follows: 1. Jodi Daly, representing Comprehensive Healthcare, testified in favor of the proposed rezone. 2. Konner Hopkins and Will Hollingbery, representing the Yakima Greenway Foundation, testified in favor of the proposed rezone if limited to the parcel leased by Comprehensive Healthcare, but were opposed to rezoning the entire proposed area, with concerns regarding future commercial development within the Greenway Overlay. 3. The property is suitable for uses within the GC zoning district and will allow for a mental health services clinic to be built adjacent to Camp Hope. 4. The GC zoning district is an implementing zone of the Commercial Mixed Use Future Land Use Designation. V3C. 2 INDEX 5` -. .�'�.�, 195 5. The property is currently capable of being served by all necessary public utilities, or have utilities extended, and can be accessed by public streets. 6. The proposed Rezone is considered compatible with the surrounding neighborhood and no mitigation is proposed at this time. 7. The public need for this Rezone is to allow for a mental health services clinic to be built adjacent to Camp Hope, which will be reviewed administratively by the Planning Division separately from this rezone request. 8. Pursuant to the Memorandum of Understanding (R-2023-112) between the City of Yakima and Comprehensive Healthcare, if the rezone is not approved, the City will not appeal the decision. E. During YPC deliberation, it was decided to modify the recommendation as presented by the Planning Division and limit the comprehensive plan amendment and rezone to the parcel currently being leased by Comprehensive Healthcare. The other parcels that were a part of this application will continue to be zoned SR with a future land use designation of Low Density Residential. II. MOTION Based on the testimony and evidence presented during the public hearing, it was moved and seconded that the City of Yakima Planning Commission draft findings of fact and forward a recommendation of approval, limited to parcel #191329-41410, to the Yakima City Council. The motion carried 8-1. III. RECOMMENDATION The Planning Commission of the City of Yakima, having received and considered all evidence and testimony presented at the public hearing, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed Comprehensive Plan Amendment (CPA#004-24) from Low Density Residential to Commercial Mixed Use and Rezone (RZ#004-24) from Suburban Residential (SR) to General Commercial (GC), which shall be limited to parcel #191329-41410. SIGNED this 9th day of October, 2024. By: /77/??.( Z' '.#4,,,<._ Mary ce, Chair Yaki Planning Commission D C. 3 INDEX #____Lck\,_ 196 CITY OF YAKIMA CPA#004-24, RZ#004-24, SE PA#007-24 EXHIBIT LIST CHAPTER A Staff Report DOC DOCUMENT - DATE INDEX# A-1 Staff Report 09/25/2024 A-2 Res. 2019-099 09/19/2024 A-3 Res. 2023-112 09/19/2024 197 RESOLUTION NO. R-2023-112 A RESOLUTION authorizing a Memorandum of Understanding regarding mental health services at Camp Hope Temporary Emergency Homeless Encampment. WHEREAS, the City of Yakima (City) owns property which is currently being leased by Grace City Outreach and operated as a temporary emergency homeless encampment under RCW 35.21.915, commonly referred to as Camp Hope; and WHEREAS, Comprehensive Healthcare (CHC) received a grant from the Washington State Department of Commerce to purchase and install a number of container buildings to facilitate mental health services, and it would like to do so adjacent to Camp Hope; and WHEREAS, the property upon which Camp Hope is operated is zoned suburban residential (SR) and does not allow for uses such as medical clinics, so CHC's desired use of the property does not meet the current zoning code requirements; and WHEREAS, CHC is required to provide information to the Department of Commerce indicating that the project is moving forward; and WHEREAS, due to zoning of the property, to create a parcel for CHC to lease from the City, and otherwise facilitate the necessary property changes to allow for a medical clinic adjacent to Camp Hope, the parties agree to a memorandum of understanding as to each of their roles over the next approximately 18 months to facilitate CHC's project; and WHEREAS, it is advantageous to all parties to enter into the Memorandum of Understanding to continue the partnership among the parties in providing services to people experiencing homelessness; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City and its residents to approve the Memorandum of Understanding regarding mental health services at Camp Hope temporary emergency homeless encampment with CHC and Grace City Outreach; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Memorandum of Understanding regarding mental health services at Camp Hope temporary emergency homeless encampment with Comprehensive Healthcare and Grace City Outreach, after those parties have executed the Memorandum of Understanding, to outline the roles of each party for the next approximately 18 months regarding Comprehensive Healthcare's project. ADOPTED BY THE CITY COUNCIL this 22nd day of August, 2023. Janice Mayor ATTEST: `> z Rosalinda Ibarra, City Clerk :s i JOC. INDEX 198 3 MEMORANDUM OF UNDERSTANDING MENTAL HEALTH SERVICES AT CAMP HOPE TEMPORARY EMERGENCY HOMELESS ENCAMPMENT COME NOW the parties: the CITY OF YAKIMA, a municipal corporation; GRACE CITY OUTREACH, a religious organization operating the temporary emergency homeless encampment in Yakima known generally as Camp Hope; and COMPREHENSIVE HEALTHCARE, a Washington state non-profit organization, and agree to this Memorandum of Understanding outlining the anticipated activities of each entity associated with the Comprehensive Healthcare proposal to create clinic and rehabilitation space at Camp Hope. 1. RECITALS WHEREAS, Comprehensive Healthcare received a One Million Dollar ($1,000,000 00) grant from the Washington State Department of Commerce, for purchasing and placing modular container units to provide clinical and other services to vulnerable populations; and WHEREAS, Grace City Outreach operates Camp Hope, a temporary emergency encampment authorized to operate at its currently location pursuant to RCW 35 21.915; and WHEREAS, the City of Yakima is the owner of the property upon which Camp Hope operates, leases said land to Grace City Outreach, and is willing to lease its land to Comprehensive Healthcare if the conditions outlined in this Memorandum of Understanding are met; and WHEREAS, Comprehensive Healthcare and Grace City Outreach have tentatively agreed that a Comprehensive Healthcare facility on or adjacent to the Camp Hope site would be beneficial to the clients of Grace City Outreach. 2. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") outlines the anticipated partnership between Comprehensive Healthcare("Comprehensive") and Grace City Outreach("Grace City")to provide service to vulnerable populations taking advantage of the temporary homeless encampment, as well as the timelines and anticipated lease provisions associated with Comprehensive's lease of real property from the City of Yakima ("City") for the purposes outlined herein. A. Background Comprehensive received a grant from the Washington State Department of Commerce to construct a facility to provide mental health services in a clinical setting to people experiencing homelessness and other vulnerable populations Comprehensive and Grace City agree that it would be beneficial to the people utilizing Camp Hope, and other vulnerable populations in the area, to have a place where they can receive treatment for substance abuse, mental health matters, and other similar matters within a secure and appropriate environment. To that end, Comprehensive suggested the use of containers, designed to connect and form a temporary building that could house those services and be placed on or adjacent to Camp Hope DOC. INDEX 199 4 The City is the owner of real property upon which Camp Hope currently is located. The property is zoned Suburban Residential. Since Camp Hope is operated by a religious organization, it is currently exempt from zoning requirements pursuant to RCW 35.21.915. Comprehensive's clinic is not an allowed use in the Suburban Residential zoning district per the Yakima Municipal Code, and would require a rezone, along with appropriate permits, to operate on the property. B. Grace City's Role and Responsibilities 1. Grace City agrees to sublease a portion of the Camp Hope property to Comprehensive through June 30, 2024, and allow Comprehensive to install its facility according to an agreed upon site and installation plan. The initial plan is attached hereto as Exhibit 1 and has been approved by Grace City and the City as part of this MOU. 2. Grace City agrees to obtain City approval of the final sublease agreement prior to its signature by both parties, as required by the current lease between the City and Grace City. The sublease is required to incorporate all the terms and conditions of the current lease agreement. 3. Grace City acknowledges its desire to continue operating Camp Hope past the current lease agreement's term and will negotiate in good faith a new lease agreement for Camp Hope. An anticipated Lease, with a beginning date of July 1, 2024, is attached hereto as Exhibit 2. This lease includes the anticipated language for a Lease when the current Lease expires on June 30, 2024, subject to changes deemed necessary or appropriate, and agreed upon by both parties. Entering into this MOU does not guarantee or bind the parties into entering into a Lease agreement if mutually agreeable terms cannot be reached. C. Comprehensive's Responsibilities 1. Comprehensive agrees to place and install its facility in the agreed upon subleased location at Camp Hope. 2. Comprehensive agrees that it is responsible for all costs associated with placement and installation of the facility, including, but not limited to, the location of utility connections and all permit fees and costs. 3. Comprehensive agrees to obtain all necessary permits for the placement and installation of the facility. This includes, but is not limited to, permits for connection to City utilities. 4. Comprehensive agrees to pay for the required survey of the subject property and, except as otherwise provided in Section D.2 below, any other costs required to facilitate the City's application to rezone the subject property and create a parcel to individually lease to Comprehensive after the June 30, 2024, termination of its sublease with Grace City. 5. An anticipated Lease, with a beginning date of July 1, 2024, is attached hereto as Exhibit 3. This lease includes the anticipated language for a Lease when the current Lease with Grace City expires on June 30, 2024, subject to changes deemed necessary or appropriate, and agreed upon by both parties. Entering into this MOU does not guarantee or bind the parties into entering into a Lease agreement if mutually agreeable terms cannot be reached. D. City's Responsibilities 1. City will work with Grace City and Comprehensive to determine an appropriate location for the Comprehensive facility which complies with the City's zoning code and DOC. 8 aEX ..._.. 200 5 municipal ordinances. City shall have the sole discretion in choosing the size, location, and other features of the lot(s) that will be created. 2. City will apply to rezone the subject property on which Camp Hope currently operates from Suburban Residential to General Commercial. City may include in its rezone application other properties as it deems appropriate in its sole discretion and its sole additional cost and expense. For clarity, the City will pay any additional costs and expenses for its rezone application for any other properties other than the subject property. It is understood by all parties that the rezone application may not be approved and if the application is not approved, the City will not appeal the decision. 3. City will negotiate in good faith a new lease agreement with Grace City prior to the termination of the current lease agreement(which ends June 30, 2024). E. The Rezone and Development Permit Process The parties acknowledge the following process and anticipated timeline associated therewith. The parties understand that the process could take more or less time depending on scheduling, staffing, and other factors. There are three general parts of the process that will need to be undertaken to provide appropriate zoning and to permit the proposed Comprehensive facility. The first step is to amend the City's Comprehensive Plan and Zoning Code through a Comprehensive Plan amendment and rezone. The property's future land use must be changed from low density residential to commercial mixed use. The property needs to be rezoned from suburban residential to general commercial. As such, the City will apply for a Comprehensive Plan Amendment (CPA), a Rezone (RZ), and conduct the required environmental review through SEPA. The steps and timeline of those actions are as follows: 1. Council/Planning Commission opens the submittal period for CPAs in Jan/Feb 2024 2. Applications for the CPA& RZ, which can be processed concurrently, are due by the end of April 2024 Per city code and GMA, official processing of the applications such as sending public notice cannot occur until after the submittal period 3. Submitted applications are docketed at the first YPC meeting in May 2024 4. Completeness review takes place 5. Notice of application and environmental review May/June 2024 6. Issuance of SEPA determination and scheduling of YPC hearing July/Aug 2024 7. City Council hearing Sep/Oct 2024 8 Ordinance becomes effective 30-days after publishing —Oct/Nov 2024 F Creation of parcels to accommodate Comprehensive and Grace City with their own Leases from the City If the CPA and RZ are approved and finalized, the next step will be to formally complete a boundary line adjustment to create separate parcels. The City may, at its sole discretion, choose to do this during the pendency of the rezone and CPA, or before submitting such application. Regardless of when the boundary line adjustment is pursued, the parties agree and acknowledge the following: INDEX 201 6 1. A survey of the property will be necessary to determine the new parcel lines and legal descriptions. Per this MOU, Comprehensive shall be responsible for the costs of such survey 2. The City does not have any control over the timing of the survey as a third-party surveyor will need to be hired to conduct the work. 3 The City will submit an application for a boundary line adjustment, or similar process if necessary. Boundary Line Adjustments generally take 2-3 weeks to process. G. While the Rezone is Pending From the date of this MOU and through the pending rezone process, in conjunction with any lease amendment entered into between the City and Grace City, Comprehensive may place and install its facility at an agreed upon location at Camp Hope. The facility may be placed and installed, but clinical activities, and activities that fall outside of RCW 35.21.915 shall not occur within the facility until the rezone process is over and Comprehensive has obtained all necessary permits to operate a clinic on-site In the event the City finds that during the pending rezone Comprehensive is operating a clinic without the necessary permits and in violation of the zoning code, it is cause for revocation of this MOU and discontinuance of the rezone process. H. Post Rezone Procedure If the rezone is approved, the parties acknowledge that the following process and anticipated timeline therewith must be followed before the facility can be used as a clinic or for any other uses outside those allowed in RCW 35.21 915. In the event the property is successfully rezoned, Comprehensive will need to submit an application for its new facility to the City for approval, prior to using it for any use other than those allowed under RCW 35.21.915. Office and clinic uses are a Class (1) use in the GC zone. Applications are required to go through a Type (1) review, which is a review by the Administrative Officer. Such reviews generally take 2-3 weeks before decision after the application has been determined to be complete. In addition, the City and Comprehensive will need to finalize a Lease for the property. In the event a Lease cannot be finalized and signed by both parties within 60 days of the rezone and boundary line adjustment, this MOU is terminated and the City has no further obligation to Comprehensive under this MOU. I. Nonbinding This MOU does not bind the City into leasing any property on terms and conditions that are not satisfactory to it, in its sole discretion. In the event the rezone is not approved, the City is under no obligation to further work with the parties to accomplish this project. J. Term and Termination 1. Term. The term of this MOU shall be through December 31, 2024, unless terminated prior pursuant to this MOU. 2. Termination. �...� 202 7 a. This MOU shall be terminated immediately if the rezone is not approved or is not finalized b. This MOU may be terminated by any party, for convenience, upon thirty (30) days prior written notice Any individual party's termination of this MOU results in termination of the MOU as a whole as applied to all parties. K. No Wavier of Public Review or Process. Nothing in this MOU or subsequent agreements creates any obligation on the part of the City with regards to issuance of permits, zoning approval, SEPA outcomes or City permitting or planning determinations regarding the proposed project. The City makes no representations as to issuance of any permit or decision associated with the project. This MOU does not bind members of the City Council to a specific vote on any project-related matter that comes before it. Comprehensive and Grace City acknowledge that the actions required to fulfill the terms agreed upon herein may be subject to public review, including votes by the City Council. It is mutually understood that this MOU does not eliminate these public processes, nor does it legally bind members of the City Council to vote in a particular way on a given item. Comprehensive and Grace City further acknowledge that this agreement does not constitute an irrevocable commitment on the part of the City to approve the project described and does not foreclose the City from considering alternatives to the project or mitigation measures identified as part of the development review process or environmental review process. L Limitation on Assignment. Comprehensive and Grace City acknowledge that the City's consent to enter into this MOU is based on the prior experience and qualifications of Comprehensive. Therefore, no rights under this MOU shall be assigned, sold, or otherwise transferred without the prior written approval of the City in its sole and absolute discretion. M Limitation of Remedies. Comprehensive and Grace City are limited to the following exclusive rights and remedies upon any breach or default of the City of this MOU: termination of the MOU. The City shall not be responsible for any other monetary damages or other remedies not expressly contemplated herein Comprehensive and Grace City acknowledge that there is a risk that, subsequent to the execution of this MOU, it will discover, incur or suffer loss, damages or injuries in connection with this MOU which are unknown or unanticipated at the time that it is executed. Comprehensive and Grace City hereby assume this risk and understand that the limitations on remedies set forth herein shall apply to all unknown and unanticipated losses, damages, or injuries related to the matters released herein, as well as those known and anticipated. Comprehensive and Grace City hereby agree to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities and losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this MOU or the acts, failures to act, errors or omissions of Comprehensive, Grace City, or any of their respective agents or Et D SEX Pc 3 203 8 subcontractors, in performance of this MOU, except for claims caused by the City's sole negligence. N. Notices Any notice, request or other communication to be provided by either party shall be in writing and sent via first class mail, certified, postage prepaid, return receipt requested, or by personal delivery, to the addresses listed below. O. Modification This MOU may be modified only by written agreement of both parties. Any such modifications are subject to all applicable approval processes required by, without limitation, the City's Charter and laws. P. Construction This document shall be construed as if all of the parties have jointly prepared it. As a result, any rule of construction that a document is to be construed against the drafting party shall not be applicable. Q. Complete Agreement This MOU contains the entire understanding and agreement between the parties hereto with respect to the matters referred to herein. No other representations, covenants, undertakings, or prior or contemporaneous agreements, oral or written, regarding such matters which are not contained, referenced, and/or incorporated into this MOU by reference shall be deemed in any way, to exist or bind any of the parties. R. Inspection, Production and Retention of Records 1, The records relating to this MOU shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Comprehensive or Grace City of responsibility for performance of the activities contemplated in this MOU in accordance with this MOU, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Comprehensive and Grace City shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Comprehensive's and Grace City's records relating to this MOU and activities each party is required to undertake, will be provided to the City upon the City's request. 2. Comprehensive and Grace City shall promptly furnish the City with such information and records which are related to this MOU as may be requested by the City. Until the expiration of six (6) years after termination of this MOU, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Comprehensive and Grace City shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of their books, documents, papers and records which are related to this MOU If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 204 y 3. All records relating to this MOU must be made available to the City. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to this MOU must be retained by Comprehensive and Grace City for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. 4. The terms of this section shall survive any expiration or termination of this MOU S. Indemnification. It. Comprehensive and Grace City agree to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this MOU or the acts, failures to act, errors or omissions of the Comprehensive, Grace City, or any of their respective agent(s) or subcontractor(s), in performance of this MOU, except for claims caused by the City's sole negligence. 2. Industrial Insurance Act Waiver. It is specifically and expressly understood that Comprehensive and Grace City waive any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Comprehensive's and Grace City's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Comprehensive and Grace City shall require that its subcontractors, and anyone directly or indirectly employed or hired by either of them, and anyone for whose acts they may be liable in connection with its performance of this MOU, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. 4. Nothing contained in this Section or this MOU shall be construed to create a liability or a right of indemnification in any third party. 5 The terms of this Section shall survive any expiration or termination of this MOU Dated this _ day of August. 2023. CITY OF YAKIMA COMPREHENSIVE HEALTH CARE 644140,,, By: Bob Harrison, City Manager Jodi aily, CEO 129 North 2nd Street S. # Yakima, WA 98901 (509) 575-6000 Bob.harrisonvakimawa qav S,.r ... y(__err-,vjet.rmix CITY CONTRACT NA, a^4�9(9,�r—� {u ! RESOLUTION NO: 'L�i ~~`! ` 3 yr. � Li; . ' qo D x7X 205 10 GRACE CITY OUTREACH Mike Kay, 1-see) Yowwp NA �flr',"K.iy'y9 a vow r-..a _...,.... 206 11 LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA AND GRACE CITY OUTREACH THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and Grace City Outreach, a Washington State non-profit corporation with IRS 501(c)(3) status and a religious organization pursuant to RCW 35.21.915 (hereinafter"LESSEE") WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE desires to occupy and use such property in accordance with this Lease and RCW 35 21.915, NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree as follows: 1. LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE does hereby lease and take from LESSOR, that unimproved property described below (hereinafter referred to as"Property"or"leased premises") and as depicted on the drawing marked as Exhibit 1, attached hereto and by this reference made a part hereof: [To Be Determined by Survey] PURSUANT to negotiations, it is understood by LESSOR that LESSEE intends to use the Property as a temporary homeless encampment pursuant to RCW 35 21.915, as amended, and ESHB 1754. LESSEE acknowledges and understands that the property has limited water and sewer connection access and electrical services as of the date of this Lease. LESSEE takes all services and utilities"as is,where is"and has an opportunity to inspect the Property and make itself aware of utility locations. LESSEE acknowledges that it is a religious organization pursuant to the term as used in RCW 35.21.915. 2. TERM AND RENEWAL. The tenancy created by this Lease shall commence on July 1, 2024, and continue for a period of approximately two years until June 30, 2026, unless otherwise terminated as provided for herein. This Lease may be renewed by the LESSEE by providing notice of intent to renew no less than thirty (30) days before the end of the term for six (6) additional two-year terms. The last date under this Lease, if all additional terms are exercised, will be June 30, 2038. 3. RENT. In consideration for LESSEE's agreement to the terms and conditions of this Lease, and that LESSEE shall use the property to operate a temporary homeless encampment for homeless individuals, providing a safe, more secure area for homeless individuals to camp, and providing necessary sanitary, safety and hygiene related services and aid to persons experiencing homeless while they search for transitional or other housing, no rent shall be required as part of this Lease. 4. TAXES AND LIENS. LESSEE promises and agrees to pay, as the same become due and payable, all licenses, fees and taxes, including but not limited to the leasehold excise, 1 INDEXawrq y 207 12 required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use and occupancy of the leased premises and by reason of LESSEE's construction or ownership of improvements to the leased premises. LESSEE shall neither suffer nor permit the attachment of any lien or other encumbrance on the leased premises by reason of LESSEE's occupancy thereof. LESSEE agrees to indemnify LESSOR and shall hold LESSOR harmless from any such taxes and liens. 5. USE. (a) Age Restrictions. Unaccompanied persons under the age of 18 are prohibited at the homeless encampment. Persons under the age of 18 must be accompanied by a parent or legal guardian and that family unit shall be encouraged to take advantage of services through other entities LESSEE shall connect the family unit to other service providers to attempt to find alternate accommodations. If there is no other option for the family with children, such family with children may stay at the homeless encampment until such alternate accommodations are available, if there is an approved area for families. Approved areas for families must be physically separated from the general encampment by a site screened fence and gate that is guarded 24 hours per day by a staff person that is not a resident. Approved areas must have their own bathroom and handwashing facilities, as well as their own community areas for relaxing, eating and/or recreation. The City in its sole discretion shall approve an area for families prior to its use as such (b) General Use. LESSEE agrees to use the leased premises solely for operating and facilitating a temporary encampment for homeless persons, and associated services relating to health, sanitation, safety and hygiene. Attached as Exhibit 2, subject to the terms outlined in this lease agreement and fully incorporated herein, is an operations plan and summary of the services and activities that are expected to be offered at the temporary homeless encampment, subject to the terms outlined in this lease agreement. No persons shall occupy the property and use it as a temporary encampment or otherwise stay overnight, camp or otherwise occupy the Property in a temporary residential capacity during any time period outside this lease agreement or in violation of this Lease agreement, the operation plan, or any federal, state or local law. (c) Additional facilities onsite. LESSEE, with express written permission of LESSOR, through its City Manager, or their designee, may construct on-site facilities such as community buildings for dining or other allowed activities, or other similar improvements and facilities upon receiving all necessary permits pursuant to the Yakima Municipal Code and federal, state, and local law. Any such facilities should be able to be used in each of the various seasons typical in Yakima. Facilities other than temporary bathroom, shower, kitchen and/or laundry facilities, shall not be connected to underground utilities, such as water and sewer. No residential/living facilities shall be connected to underground utilities. No facilities at the encampment shall be affixed to the ground permanently. d) Tiny homes, LESSEE may place approved tiny homes, such as pallet shelters or other similar shelters on the property. Tiny homes should be approximately 100 square feet per unit and no more than 400 square feet per structure. Tiny homes and tiny home structures shall not be permanently attached to the ground, other than any 2 208 13 necessary tie-downs required by the building code inspector which shall be approved prior to placement. Tiny homes shall not be connected to underground utilities. Tiny homes may be placed as outlined in a pre-approved site plan and shall be pre- approved by LESSOR to ensure correct fire rated separation and other fire and life safety matters. For purposes of this section, a tiny home unit is the individual living unit. A tiny home structure is the structure housing one or more individual living units. (e) RV parking. LESSEE may provide RV parking for temporary living use for no more than ten (10) recreational vehicles along the East side of the site. These vehicles may be connected to power, at LESSEE's expense, but shall not be directly connected to water and sewer in any capacity. if) Organized Religious Activities. No homeless services provided by LESSEE or any of LESSEE's subcontractors, partner agencies, or other agencies or groups allowed to provide services at the temporary encampment shall be denied due to a person's religious affiliation or lack thereof. LESSEE is hereby prohibited from conducting, or allowing any other organizations to enter the encampment to conduct prayer and/or other religious activities in locations and at times where the encampment's occupants' only way to avoid them is to leave a common area or the encampment. This includes any community or dining tents. 6. UTILITIES. LESSEE accepts all utility facilities as now existing at the location "as is, where is" and understands that the LESSOR shall not be responsible for moving, adding or supplementing any utilities or utility facilities. All costs for utilities, including any costs for infrastructure necessary for said utilities, shall be paid by LESSEE LESSEE shall install a meter and be charged separately from the City for all electricity charges at no charge to LESSOR. LESSEE shall be responsible for the operation and maintenance of the meter, all electric connections, lines and services, and any damages to the meter, facilities, or power pole associated with the meter or LESSEE'S use of the power pole for electricity. LESSEE shall coordinate with Pacific Power to have all billings for electricity used during the term of this lease to be billed directly to the LESSEE. A meter shall be installed prior to November 15, 2017. LESSEE may connect non-residential temporary structures or facilities not permanently affixed to the ground to public water and/or sewer with the express written consent of the LESSOR and approval of the location of pipelines and facilities by LESSOR. In the event LESSEE connects the property to public water and/or sewer, LESSEE is responsible for all costs associated therewith, from the main water and sewer line to and throughout the property, including, but not limited to permit fees, connection fees, and construction costs. LESSEE shall also be responsible for obtaining any necessary easements or rights to cross private property if necessary. Said easements and improvements shall be transferred to the LESSOR at the termination of this Lease. LESSEE shall be limited to no more than five connections for temporary bathroom, shower, laundry and/or kitchen facilities and/or an RV dump station, unless otherwise agreed to, in writing, by the LESSOR. 3 or /e3 14 LESSEE shall be responsible for all utility charges, including, but not limited to, electricity, water, sewer, cable, Internet, and garbage charges for the property. All billings shall be in the name of LESSEE and all payments shall be promptly made upon receiving a bill, and in no event shall any payment become delinquent Delinquent payments for utilities may be considered a default under the terms and conditions of this Lease. 7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept in a clean and sanitary condition, including, but not limited to, property maintenance, mowing, garbage service, sanitation facilities, such as portable toilets and hand washing stations or other similar facilities, and safe bio-hazard disposal areas. All facilities shall be provided at the expense of the LESSEE and shall be cleaned and serviced as needed to maintain a safe and sanitary environment. As LESSEE increases services, housing, and/or occupancy at the site, LESSEE shall evaluate the services at the site and determine if there are adequate services to meet the needs of the site occupants. If additional services are provided, an updated site plan showing the location of the additional services shall be provided to LESSOR. The LESSOR, at any time, may determine that additional cleaning activities and/or sanitation facilities are necessary based on health and safety concerns, LESSEE shall undertake such activities and/or install such facilities within thirty(30) days of notice at LESSEE's expense. 8. PREMISES CONDITION AND FENCING. LESSEE has made a full inspection of the premises, is fully aware of its condition and accepts the premises on an "AS-IS" basis LESSEE agrees to pay for any improvements, repairs and/or modifications necessary to LESSEE's use, including but not limited to all costs associated with the installation of improvements necessary to run a temporary homeless encampment. All activities and services provided to the homeless as part of the temporary homeless encampment shall occur within a fenced perimeter. LESSOR previously provided temporary fencing in the length of 777 feet to LESSEE as part of the original Lease. The fencing shall remain the property of LESSOR throughout the term, and any extensions, of this Lease, and any damage or loss to fencing owned by LESSOR shall be the responsibility of LESSEE. LESSEE shall return LESSOR's 777 feet of fencing in its original condition, normal wear and tear excepted, to the LESSOR at the termination of this Lease. In the event additional fencing is needed by LESSEE to conduct its activities and services for homeless persons on the property within a fenced area, LESSEE is responsible for any and all additional costs, including permits and installation costs, associated with placement of additional fencing. 9. CONSTRUCTION OF ACCESS WAY FOR CITY VEHICLES. Due to LESSEE's desired location for the temporary homeless encampment, LESSEE acknowledges that it is necessary for LESSEE to construct an access driveway, including, but not limited to the necessary curb cut in a width and location approved by the LESSOR, and approach. The access driveway design, materials and location shall be approved by the City Engineer and constructed at the sole expense of LESSEE. LESSEE shall be responsible for obtaining all necessary permits to construct the access way. Said access way shall be constructed when, separately from this Lease, specifically requested by the City in writing. Once the request is received, LESSEE shall have 60 days to finish construction of the access way unless a different time period is agreed upon by the parties. D o 210 15 10. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as good a condition as the condition of the premises as if no temporary homeless encampment had existed on the Property. LESSEE further agrees that LESSEE shall be responsible to maintain all leased areas, trade fixtures, water and sewer lines and facilities, and other improvements, existing and future, in an attractive and usable manner consistent with other LESSOR property. LESSEE understands and acknowledges that it is responsible for all maintenance of the water and sewer lines and facilities within the boundaries of the temporary emergency homeless encampment. Any back-ups, breaks, or other damages to the water or sewer lines therein shall be promptly fixed by LESSEE at its sole cost and expense. LESSEE agrees to maintain the areas adjacent to the property used by LESSEE in a safe, sanitary, and usable condition at all times. LESSEE is responsible for snow removal along the driveway access and weed control on the Property. 11. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved in writing by LESSOR. The site shall be fenced. Additional site screening shall be mutually agreed to by the parties. 12. IMPROVEMENTS. No improvements other than those specifically mentioned herein are contemplated by this Lease. In the event improvements are made by LESSEE or LESSOR that are affixed to the land, such improvements shall become part of the property and revert to LESSOR upon termination of this Lease, or removed by LESSEE if originally made by LESSEE, the determination of which shall be solely made by LESSOR, and at no cost to the LESSOR. 13. REGULATIONS. LESSEE agrees to comply with all applicable laws, ordinances, rules, regulations and policies of all governmental authorities, including policies adopted by LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and operation of the leased property and as those laws, ordinances, rules, regulations and policies now exist or may hereafter become effective. LESSEE agrees to formulate a Code of Conduct, or other similar good neighbor agreement and/or rules of conduct for the temporary homeless encampment. Such Code of Conduct for use of the temporary homeless encampment by its clients should include, but not be limited to, requiring that clients not commit violations of the law, that clients have respect for other clients and neighboring property owners, and other such regulations that ensure that the clients, and neighboring property owners and residents, are safe, secure, and that the public health and safety is maintained. A copy of the Code of Conduct shall be provided to the LESSOR. LESSEE shall comply with all building, fire, and safety regulations, including, but not limited to building codes concerning any structures built on premises and perm it fees, if written permission is granted to construct on-site facilities of any kind. 14. SITE PLAN. LESSEE, prior to the beginning date of this Lease, shall provide to the City a site plan that generally depicts how the site will be set up, the location of sanitation and other group facilities, ingress and egress for emergency vehicles, as well as the maximum 5 Lw 1 rf jP 4� �:r X 211 16 occupancy of said encampment. Maximum occupancy shall be determined by the City of Yakima. Any modification of the site plan to allow for improvements or other additional facilities shall be agreed to and approved by LESSOR prior to any new improvements or additional facilities being placed or constructed at the site. The site plan shall be affixed hereto as Exhibit 3. 15. SUBLETTING AND ASSIGNMENT. This Lease, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by LESSEE to any other person or entity without the prior written consent of LESSOR. LESSOR is the sole determiner of whether the Lease may be assigned, and its decision cannot be challenged. In the event that such prior written consent to an assignment is granted, then the assignee shall also assume all duties, obligations and liabilities of LESSEE stated herein, including, but not limited to the indemnification and insurance requirements. 16. MISCELLANEOUS PROVISIONS. A. The parties agree that LESSOR may enter upon the leased premises at any reasonable time to make such inspections as LESSOR may deem necessary to the proper enforcement of any term, provision or condition of this Lease. No such entry or inspection by LESSOR is required by this provision, and the failure of LESSOR to enter and make inspection shall not alter the relationship of the parties and their respective rights and duties provided by this Lease. LESSEE shall be granted the right of quiet enjoyment upon performance of all terms of this Lease. B. LESSOR reserves the right to take any action necessary or desirable by LESSOR to protect the LESSOR's property against any activity interfering with the efficient operation of the LESSOR's activities, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on the LESSOR's property which, in the opinion of the LESSOR, would limit the usefulness of the property or constitute a hazard C. LESSOR shall have the right to use, unobstructed, the driveway off of 22"d Street for ingress and egress to LESSOR'S property for maintenance, operations, public safety, or other purposes. The driveway off of 22"d Street shall not be obstructed by parked or stationary vehicles, personal property, gates, persons or otherwise, at any time. D. All parking of occupants of the temporary homeless encampment shall be within the leased property. If a parking area is proposed, it must be paved or graveled to avoid parking on dry grasses or combustible materials. No automotive work or maintenance may be done on premises and LESSEE shall not allow people to live in their vehicles, including RVs, on premises. Parking areas shall be indicated on the Site Plan. 17. INDEMNITY/DUTY TO DEFEND. A. At no expense to LESSOR, LESSEE shall defend against, release, and indemnify fully and save harmless the City of Yakima and its elected and appointed officials, employees and agents, from any and all liability, damages, suits, claims, actions, judgments or decrees, including all expenses incidental to the investigation and defense thereof and including reasonable attorneys'fees, based on or arising from the occupancy or use of the leased premises by LESSEE, its servants, employees, agents, invitees, independent 6 tk,t. C. ra 212 17 contractors or any entity, person, firm or corporation acting on behalf of LESSEE or under its direction, whether such claim shall be by LESSEE or a third party. B. LESSEE agrees to reimburse LESSOR for any damage to City property, including the leased premises, caused by the occupancy of LESSEE, its employees, agents, servants, invitees, independent contractors or any person acting on behalf of LESSEE or under its direction. C. LESSEE shall defend, release, indemnify and hold the City of Yakima, its elected and appointed officials, agents and employees, free and harmless from any and all claims and actions, loss, damage, expense or cost, including reasonable attorneys' fees, incidental to the investigation and defense thereof, resulting from, arising out of, or caused by LESSEE's use of the leased premises resulting in any liability under the Federal Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; Resource Conservation and Recovery Act,42 U.S.C. 6901 et seq ;the Clean Water Act, 42 U.S C. 1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43.21C; the Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington Hazardous Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic Control Act, RCW Ch. 70.105D, and the regulations promulgated thereunder, or under any applicable local or state environmental ordinance, statute, law, rule or regulation. The provisions of this subsection shall survive the termination of this Lease. D. Further, during the term of this Lease where LESSEE is operating a temporary homeless encampment on the property, LESSEE agrees and acknowledges that ROW 35.21.915(d), and as amended, applies to the property and this Lease. That section as of the date of this Lease, specifically states: An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for (a) damages arising from the permitting decisions for a temporary encampment for the homeless as provided in this section and (b) any conduct or unlawful activity that may occur as a result of the temporary encampment for the homeless as provided in this section. LESSEE shall defend, indemnify, release and hold harmless LESSOR, its appointed or elected public officials, and public employees from any claims for damages arising from permitting decisions for the temporary homeless encampment, including entry into this Lease, as well as any conduct or unlawful activity that may occur as a result of the temporary homeless encampment. LESSEE acknowledges that at all times, it must only operate pursuant to RCW 35.21.915 if it wishes to continue to be exempt from the zoning code and development permit requirements. Failure to operate pursuant to RCW 35.21 915 and without the proper permits and zoning review, shall be considered a default and be grounds for termination of this Lease 18. DEFAULT, TERMINATION & FORFEITURE. A. The failure by LESSEE to comply with any term, provision or condition of this Lease shall constitute grounds for termination of this Lease. This Lease and tenancy shall terminate on written notice by LESSOR to LESSEE stating accurately the manner in which LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with this 7 K qyy wg a gad'Y:.wdN4 213 18 Lease in the manner specified in the notice within thirty(30) days from LESSEE's receipt of such notice, otherwise this Lease and tenancy shall be terminated. Such notice shall be given in writing and served on LESSEE by personal delivery or mailed by certified mail with return receipt requested addressed to LESSEE at its address stated below or such other address as the parties may advise each other in writing It is further agreed that after receipt of notices and as an additional condition to avoid forfeiture, LESSEE shall pay LESSOR's costs and expenses, including attorney's fees, for the preparation and service of such notice. Notices shall be deemed received three (3) days after mailing to LESSEE at the address below or such other address as the parties may advise each other in writing. B. Either party may terminate this Lease, for any reason or without cause, upon forty-five (45) calendar days' written notice. C. Upon termination of this Lease for any reason, LESSEE shall immediately surrender the premises to the LESSOR in good condition and repair, ordinary wear and usage excepted, and as required by this Lease; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures, or equipment from the premises and shall repair any damage to the premises caused by such removal. Any personal property of LESSEE, or anyone claiming under LESSEE, which shall remain upon the premises at the expiration or termination of this Lease shall be deemed to have been abandoned and may be retained by LESSOR as LESSOR'S property or disposed of by LESSOR in such manner as LESSOR sees fit without compensation to LESSEE Further, LESSEE shall remove all occupants from the temporary homeless encampment as of the effective date of termination of the Lease, whether it be through default, termination for convenience, or at the end of this Lease's term. 19. NON-DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its personal representatives, agents, officers, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as follows: A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap, national origin, or any other protected status pursuant to any federal, state or local law, shall be unreasonably excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in LESSEE's personnel policies and practices or in the use or operation of LESSEE's services or facilities. B. LESSEE agrees that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person, on the grounds of race, color, religion, sex, marital status, handicap, age, national origin or any other protected status pursuant to any federal, state or local law, shall be unreasonably excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. C. LESSEE agrees that participation in religious activities will not be required to obtain any of the services provided on the property that is subject to this Lease. 20. INSURANCE. It is understood the City does not maintain liability insurance for the LESSEE and/or its officers, employees, agents and/or subcontractors. Further, LESSEE shall obtain insurance as follows: 8 214 19 A. Property Insurance. On or before the effective date of this Lease LESSEE shall procure and maintain a policy or policies of property insurance in an amount acceptable to the LESSOR with respect to the Property and LESSEE's personal property. LESSEE will hold the City harmless for any damage to property owned by LESSEE and waive its right of subrogation for any damage to their property B. Liability Insurance. On or before the effective date of this Lease, LESSEE shall provide the City proof of liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence combined bodily injury and property damage that states who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. The policy shall name the City, its elected and appointed officials, officers, agents, and employees as additional insureds and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) days' prior written notice. A copy of all such policies shall be provided to the City upon request. 21. INTEGRATION AND SUPERSESSION. This document embodies the entire Lease between the parties with respect to the subject matter herein contained and supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties as to the subject matter hereof, which are hereby declared terminated and of no further force and effect. No amendments or modifications hereof shall be enforceable unless in writing, signed by both parties. 22. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of this Lease to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Lease did not contain the particular provision held to be invalid. If any provision of this Lease is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision 23. NON-WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of this Lease by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 24. NOTICES. Notices shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified below. CITY OF YAKIMA GRACE CITY OUTREACH do City Manager do Mike Kay 129 North 2nd Street _ Yakima, WA 98901 509-575-6000 Time is of the essence of this entire LeaseET C 1:7,11 215 20 25. RECORDING. This Lease shall be recorded, pursuant to RCW 65.08.060, with the Yakima County Auditor. LESSEE shall be responsible for recording this Lease and providing a conformed copy to LESSOR for its records within ten (10) days of both parties signing the Lease CITY OF YAKIMA GRACE CITY OUTREACH By By Bob Harrison, City Manager Mike Kay, Date: Date: ATTEST: By -_ Rosalinda Ibarra, City Clerk City Resolution No City Contract No, STATE OF WASHINGTON } ss County of Yakima I certify that I know or have satisfactory evidence that Mike Kay, the of Grace City Outreach, signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By: Notary Public for the State of Washington Residing at _ Appointment Expires 101 a„va„ro . P\3 216 21 STATE OF WASHINGTON } ss County of Yakima I certify that I know or have satisfactory evidence that Bob Harrison signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Interim City Manager of the City of Yakima,Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Date: By: Notary Public for the State of Washington Residing at: Appointment Expires 11 217 22 LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA AND COMPREHENSIVE HEALTH CARE THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of Yakima, a Washington State municipal corporation (hereinafter"LESSOR") and Comprehensive Health Care, a Washington State non-profit corporation providing behavior health care services to people, including residents of Yakima (hereinafter"LESSEE") WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE desires to occupy and use such property in accordance with this Lease to provide health care services, including behavioral health services, to people experiencing homelessness and those utilizing the services offered at Camp Hope, NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree as follows: 1. LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE does hereby lease and take from LESSOR, that unimproved property described below (hereinafter referred to as"Property"or"leased premises") and as depicted on the drawing marked as Exhibit 1, attached hereto and by this reference made a part hereof: [To Be Determined by Survey] LESSEE acknowledges and understands that the property has limited water and sewer connection access and electrical services as of the date of this Lease. LESSEE takes all services and utilities "as is, where is" and has an opportunity to inspect the Property and make itself aware of utility locations. 2. TERM. The tenancy created by this Lease shall commence on July 1, 2024, and continue for a period of approximately fifteen years until June 30, 2039, unless otherwise terminated as provided for herein. 3. RENT. In consideration for LESSEE's agreement to the terms and conditions of this Lease, and that LESSEE shall use the property to operate a health care and behavioral health care clinic and provide such and other relevant services and aid to persons experiencing homeless while they search for transitional or other housing, no rent shall be required as part of this Lease. 4. TAXES AND LIENS. LESSEE promises and agrees to pay, as the same become due and payable, all licenses, fees and taxes, including but not limited to the leasehold excise, required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use and occupancy of the leased premises and by reason of LESSEE's construction or ownership of improvements to the leased premises. LESSEE shall neither suffer nor permit the attachment of any lien or other encumbrance on the leased premises by reason of LESSEE's occupancy thereof. LESSEE agrees to indemnify LESSOR and shall hold LESSOR harmless from any such taxes and liens. 1 r,SF^°k v..w.X 218 23 5. USE. LESSEE agrees to use the property as allowed in its development permit Notwithstanding the foregoing, in the event that LESSOR'S application for rezone of the Property remains pending when this Lease becomes effective, LESSEE may place and install its facility(ies) and conduct activities on the Property that are within the scope of activities described in RCW 35.21.915. After the LESSOR'S application for rezone of the Property is processed, and if the rezoning ordinance of the Property becomes effective, Comprehensive may use the Property for purposes outside those allowed under RCW 35.21.915 which are approved through its development permit. 6. UTILITIES. LESSEE accepts all utility facilities as now existing at the location "as is, where is" and understands that the LESSOR shall not be responsible for moving, adding or supplementing any utilities or utility facilities All costs for utilities, including any costs for infrastructure necessary for said utilities, shall be paid by LESSEE LESSEE shall install a meter and be charged separately from the City for all utilities, including, but not limited to, electricity, water and wastewater charges, at no charge to LESSOR. LESSEE may connect non-residential temporary structures or facilities not permanently affixed to the ground to public water and/or sewer with the express written consent of the LESSOR and approval of the location of pipelines and facilities by LESSOR. In the event LESSEE connects the property to public water and/or sewer, LESSEE is responsible for all costs associated therewith, from the main water and sewer line to and throughout the property, including, but not limited to permit fees, connection fees, and construction costs. LESSEE shall also be responsible for obtaining any necessary easements or rights to cross private property if necessary. Said easements and improvements shall be transferred to the LESSOR at the termination of this Lease. LESSEE shall be limited to no more than five connections for temporary bathroom, shower, laundry and/or kitchen facilities and/or an RV dump station, unless otherwise agreed to, in writing, by the LESSOR. LESSEE shall be responsible for all utility charges, including, but not limited to, electricity, water, sewer, cable, internet, and garbage charges for the property. All billings shall be in the name of LESSEE and all payments shall be promptly made upon receiving a bill, and in no event shall any payment become delinquent. Delinquent payments for utilities may be considered a default under the terms and conditions of this Lease 7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept in a clean and sanitary condition 8. PREMISES CONDITION AND FENCING. LESSEE has made a full inspection of the premises, is fully aware of its condition and accepts the premises on an "AS-IS" basis. LESSEE agrees to pay for any improvements, repairs and/or modifications necessary to LESSEE's use, including but not limited to all costs associated with the installation of improvements necessary to run a temporary homeless encampment. 10. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as good a condition as the condition of the premises as of the first date LESSEE began use of the premises. LESSEE further agrees that LESSEE shall be responsible to maintain all leased areas, trade fixtures, water and sewer lines and facilities, and other improvements, a r '.t7 tis 219 24 existing and future, in an attractive and usable manner consistent with other LESSOR property. LESSEE understands and acknowledges that it is responsible for all maintenance of the water and sewer lines and facilities within the leased premises. Any back-ups, breaks, or other damages to the water or sewer lines therein shall be promptly fixed by LESSEE at its sole cost and expense. LESSEE agrees to maintain the areas adjacent to the property used by LESSEE in a safe, sanitary, and usable condition at all times. LESSEE is responsible for snow removal within the leased premises and weed control on the Property. 11. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved in writing by LESSOR. Fencing and site screening shall be in accordance with LESSEE"s development permit. 12. IMPROVEMENTS. No improvements other than those specifically mentioned herein are contemplated by this Lease. In the event improvements are made by LESSEE or LESSOR that are affixed to the land, such improvements shall become part of the property and revert to LESSOR upon termination of this Lease, or removed by LESSEE if originally made by LESSEE, the determination of which shall be solely made by LESSOR, and at no cost to the LESSOR 13. REGULATIONS. LESSEE agrees to comply with all applicable laws, ordinances, rules, regulations and policies of all governmental authorities, including policies adopted by LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and operation of the leased property and as those laws, ordinances, rules, regulations and policies now exist or may hereafter become effective. LESSEE shall comply with all building, fire, and safety regulations, including, but not limited to building codes concerning any structures built on premises and perm it fees, if written permission is granted to construct on-site facilities of any kind 15. SUBLETTING AND ASSIGNMENT. This Lease, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by LESSEE to any other person or entity without the prior written consent of LESSOR. LESSOR is the sole determiner of whether the Lease may be assigned, and its decision cannot be challenged. In the event that such prior written consent to an assignment is granted, then the assignee shall also assume all duties, obligations and liabilities of LESSEE stated herein, including, but not limited to the indemnification and insurance requirements. 16. MISCELLANEOUS PROVISIONS. A. The parties agree that LESSOR may enter upon the leased premises at any reasonable time to make such inspections as LESSOR may deem necessary to the proper enforcement of any term, provision or condition of this Lease. No such entry or inspection by LESSOR is required by this provision, and the failure of LESSOR to enter and make inspection shall not alter the relationship of the parties and their respective rights and duties provided by this Lease. LESSEE shall be granted the right of quiet enjoyment upon performance of all terms of this Lease. 3 El ,pr , rLd.' 220 25 B. LESSOR reserves the right to take any action necessary or desirable by LESSOR to protect the LESSOR's property against any activity interfering with the efficient operation of the LESSOR's activities, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on the LESSOR's property which, in the opinion of the LESSOR, would limit the usefulness of the property or constitute a hazard. 17. INDEMNITY/DUTY TO DEFEND. A. At no cost to LESSOR, LESSEE agrees to release, indemnify, defend, and hold harmless the City of Yakima, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Lease or the acts, failures to act, errors or omissions of the LESSEE, or any of LESSEE's agent(s) or subcontractor(s), in performance of this Agreement, except for claims caused by the City's sole negligence B. LESSEE agrees to reimburse LESSOR for any damage to City property, including the leased premises, caused by the occupancy of LESSEE, its employees, agents, servants, invitees, independent contractors or any person acting on behalf of LESSEE or under its direction. C. LESSEE shall defend, release, indemnify and hold the City of Yakima, its elected and appointed officials, agents and employees, free and harmless from any and all claims and actions, loss, damage, expense or cost, including reasonable attorneys' fees, incidental to the investigation and defense thereof, resulting from, arising out of, or caused by LESSEE's use of the leased premises resulting in any liability under the Federal Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq.; Resource Conservation and Recovery Act, 42 U S.C.6901 et seq ;the Clean Water Act, 42 U.S.C. 1251 et seq ; the Washington Environmental Policy Act, RCW Ch. 43.21C; the Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington Hazardous Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic Control Act, RCW Ch 70.105D, and the regulations promulgated thereunder, or under any applicable local or state environmental ordinance, statute, law, rule or regulation. The provisions of this subsection shall survive the termination of this Lease. D. Industrial Insurance Act Waiver. It is specifically and expressly understood that the LESSEE waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. LESSEE's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs LESSEE shall require that its subcontractors, and anyone directly or indirectly employed or hired by LESSEE, and anyone for whose acts LESSEE may be liable in connection with its performance of this Lease, comply with the terms of this paragraph, waive any immunity granted under Title 51 ROW, and assume all potential liability for actions 4 Esri / .3 26 brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. E. Nothing in this section is intended to create any liability or right of indemnification in any third party. F. The terms of this section shall survive any expiration or termination of this Lease 18. DEFAULT, TERMINATION & FORFEITURE. A. Early Termination. (1) This Lease shall terminate automatically in the event of either: (a) the LESSOR'S application to rezone the Property is withdrawn, discontinued, denied or otherwise not approved, or (b) LESSEE conducts activities on the Property that fall outside of RCW 35.21.915 prior to the effective date of the rezone ordinance affecting the Property. (2) The Lease may be terminated by LESSEE, at LESSEE'S option, if the rezone ordinance affecting the Property is not effective by or before December 31, 2024 (3) The Lease may be terminated by LESSEE, at LESSEE'S option, if the LESSEE'S development application for office and clinic use is not approved by the appropriate administrative officer by or before December 31, 2024. (4) The Lease may be terminated by LESSEE, at LESSEE'S option, in the event that a Lease with Grace City Outreach for the property depicted as"Grace City Outreach Property" on the drawing marked Exhibit 1 is terminated or expires without renewal prior to June 30, 2039. B. The failure by LESSEE to comply with any term, provision or condition of this Lease shall constitute grounds for termination of this Lease. This Lease and tenancy shall terminate on written notice by LESSOR to LESSEE stating accurately the manner in which LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with this Lease in the manner specified in the notice within thirty(30) days from LESSEE's receipt of such notice, otherwise this Lease and tenancy shall be terminated. Such notice shall be given in writing and served on LESSEE by personal delivery or mailed by certified mail with return receipt requested addressed to LESSEE at its address stated below or such other address as the parties may advise each other in writing It is further agreed that after receipt of notices and as an additional condition to avoid forfeiture, LESSEE shall pay LESSOR's costs and expenses, including attorney's fees, for the preparation and service of such notice. Notices shall be deemed received three (3) days after mailing to LESSEE at the address below or such other address as the parties may advise each other in writing C Either party may terminate this Lease, for any reason or without cause, upon ninety (90) calendar days' written notice. D Upon termination of this Lease for any reason, LESSEE shall immediately surrender the premises to the LESSOR in good condition and repair, ordinary wear and usage excepted, and as required by this Lease; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures, or equipment from the premises and shall 5 �ci�'4:r $ W OrX 222 27 repair any damage to the premises caused by such removal. Any personal property of LESSEE, or anyone claiming under LESSEE, which shall remain upon the premises at the expiration or termination of this Lease shall be deemed to have been abandoned and may be retained by LESSOR as LESSOR'S property or disposed of by LESSOR in such manner as LESSOR sees fit without compensation to LESSEE. Further, LESSEE shall remove all occupants from the temporary homeless encampment as of the effective date of termination of the Lease, whether it be through default, termination for convenience, or at the end of this Lease's term. 19. NON-DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its personal representatives, agents, officers, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as follows: A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap, national origin, or any other protected status pursuant to any federal, state or local law, shall be unreasonably excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in LESSEE's personnel policies and practices or in the use or operation of LESSEE's services or facilities. B. LESSEE agrees that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person, on the grounds of race, color, religion, sex, marital status, handicap, age, national origin or any other protected status pursuant to any federal, state or local law, shall be unreasonably excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. C. LESSEE agrees that participation in religious activities will not be required to obtain any of the services provided on the property that is subject to this Lease 20. INSURANCE. It is understood the City does not maintain liability insurance for the LESSEE and/or its officers, employees, agents and/or subcontractors. Further, LESSEE shall obtain insurance as follows. A. Property Insurance. On or before the effective date of this Lease LESSEE shall procure and maintain a policy or policies of property insurance in an amount acceptable to the LESSOR with respect to the Property and LESSEE's personal property. LESSEE will hold the City harmless for any damage to property owned by LESSEE and waive its right of subrogation for any damage to their property. B. Liability Insurance. On or before the effective date of this Lease, LESSEE shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If LESSEE carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the 6 223 28 policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Lease. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by LESSEE is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by LESSEE under this contract. C. Automobile Insurance. On or before the effective date of this Lease, LESSEE shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If LESSEE carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Lease The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by LESSEE is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by LESSEE under this Lease. The business auto liability shall include Hired and Non-Owned coverage if necessary. D. Employer's Liability (Stop Gap) LESSEE and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by LESSEE or its employees for services performed under the terms of this Lease LESSEE agrees to assume full liability for all claims arising from this Lease including claims resulting from negligent acts of all subcontractor(s). LESSEE is responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s) to comply with insurance requirements does not limit LESSEE'S liability or responsibility. E. Professional Liability 7 py k Y'v!.r1�1r,Te 224 29 LESSEE shall provide evidence of Professional Liability insurance covering professional errors and omissions. LESSEE shall provide the City with a certificate of insurance as proof of professional liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect The insurance shall be with an insurance company or companies rated A-VI' or higher in Best's Guide If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this Lease. If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Lease. 21. INTEGRATION AND SUPERSESSION. This document embodies the entire Lease between the parties with respect to the subject matter herein contained and supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties as to the subject matter hereof, which are hereby declared terminated and of no further force and effect. No amendments or modifications hereof shall be enforceable unless in writing, signed by both parties. 22. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of this Lease to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Lease did not contain the particular provision held to be invalid If any provision of this Lease is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 23. NON-WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of this Lease by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 24. NOTICES. Notices shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified below. CITY OF YAKIMA COMPREHENSIVE HEALTH CARE c/o City Manager do CEO 129 North 2nd Street 402 South 4th Avenue Yakima, WA 98901 Yakima, WA 98902 509-575-6000 509-575-4024 Time is of the essence of this entire Lease. 25. INSPECTION AND RETENTION OF RECORDS A The records relating to this Lease shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such 8 1 CPC. J=1 f;�F DM( 225 30 inspection or approval shall not relieve LESSEE of responsibility for complying with this Lease, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. LESSEE shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. LESSEE's records relating to the Lease will be provided to the City upon the City's request. B. LESSEE shall promptly furnish the City with such information and records which are related to this Lease as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Lease, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, LESSEE shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of LESSEE's books, documents, papers and records which are related to this Lease If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. B. All records relating to LESSEE's services under this Lease must be made available to the City, and the records relating to the Lease may be required to be produced to third parties, pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to this Lease must be retained by LESSEE for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule C. The terms of this section shall survive any expiration or termination of this Lease. 26. RECORDING. This Lease shall be recorded, pursuant to RCW 65 08.060, with the Yakima County Auditor. LESSEE shall be responsible for recording this Lease and providing a conformed copy to LESSOR for its records within ten(10) days of both parties signing the Lease. CITY OF YAKIMA COMPREHENSIVE HEALTH CARE By By Bob Harrison, City Manager Jodi Daly, CEO Date. Date: ATTEST By Rosalinda Ibarra, City Clerk City Resolution No. 9 `t:( 4 4,,c'pro .fir'� ffid� 226 31 City Contract No. STATE OF WASHINGTON ) ss County of Yakima I certify that I know or have satisfactory evidence that , the of Comprehensive Health Care, signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By: Notary Public for the State of Washington Residing at: Appointment Expires STATE OF WASHINGTON 1 ss County of Yakima I certify that I know or have satisfactory evidence that Bob Harrison signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Interim City Manager of the City of Yakima, Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date: By: 10 v.0 227 32 Notary Public for the State of Washington Residing at: Appointment Expires 11 228 r—nx no.-.awnmwa...a...asrn�w Ex I 1 1 11 i.I 1 . •• . ... ,, likt• if N . .. — . .. 11`.. - - . r - IP .. —4 ... • • - 4.41-• - . • - . . . .. • A44- ' .. .,_ St- ...- - 4•41116•-.4 idi,_ • V ipipc.- ,,4,1. r• • ..- - "..t. '.- 11K, -. •44, 1- .. ro I' - . th r MA - .. • . 4 W N. • W 4411 s .4• , a.A g '''' .1•--.4- * 7 " . . ....a • ir .,,,,..),,,. • • ...s . ....„, ft" No - *O. ' et•...••• •II'•••4q 0a C .a...4. . .....0 . 4 • _ I. .. • ,,,W-•--.,,•tIl_.t..,1,,--.•.P.2-.rs 7-.•4..s•.4.4. /-•, ,• .- .N.,.it 1..10•;•1 • 01 10„ so• •i b •I.. ..'.-'.-. I. V -.14 .....f .--"bt-., ...- - Lott • f .4. , . .•, 4, 4 . -4. . •. a' 1 tit • . i• 1 i . • . -- •C' ' . • 4 1._....--1.1,7 - • ...• . . AP. • -• 6k; k.,42': i t .4- ') • -- . -•. 1I,Q ----13 :ft •.) . . .. _. . i. . ..... -lk.-lie t 1 - ••••- t 1 cr) , . -co- all"-"IIK. tin* it. k IP Ell I. a 4MI-1. Or- 4•r• . '= Or Illt • : jp.*I! .11r • . , •, f a. .• • 1!"•• .... ., , Aims A t" r - 0 . ,„ . ..• 1. . r 4 -•-•4 .. ... ..1,'''.1...: .' `I' , , -:I 7.7-...• •:_r,:t. t - .' ...•.: . L' - .. .t.- ..... .•) . . ilk I '' • 4. • i_.‘" • - . 'Mer. oh 111 ..-. 7_, - • 2 1-.4... 1 I go 3 1 z .i, • cv ,..,- ' IIM a LA. • - ., Ei., it , • r 01 t• • - 1 '. • 4 . AN: iati=r; .„ , . r Nif t • 0):... ".' ' .. 4 4 1 - . - . - . - .- . ..... , • . . . . 0.. • t, ..." - .,.4.1,' ' • . . • .., . . `••'1. , ' -• '-'- -",..11kiit'': •• ... _ ..... .:"....-"N• • I,.. •'?I:, - — ..• - .,s,',.ft/Vs - ` -. • • - , .. %`m,"" ,. a ......6. • ': •.;... ...,,I 4. • ...• .0.- •• . • • - • LI Ci,C-. i Ni DEX ..,.... ....-..-.--!.,. 229 Camp Hope / Comprehensive Health Care Site Plan 1. TV Room 2. Main Office / Security 3. Camp Hope Case Management Office 4. Secondary Office 5. Comprehensive Healthcare Temporary Office 6. 40ft ADA Restroom nit (Men & Women) 7. 40ft ADA Sho . er Unit (::` en & Women) 8. Behavioral `:- ealth Center 9. Day Tent / Meals 10. Laundry Building 11. Restroom Trailer (Men & Women) 12. Shower Trailer (Men & Women) 13. Men's Dormitory Tent 14. Men's Dormitory Tent w/ Pets 15. Women's Dormitory Tent 16. Women's Dormitory Tent w/ Pets 17. Young Adult Shelter (Men & Women) 18. Family Shelter 19. Men's Dormitory 20. Women's Dormitory 21. Mobile Kitchen Trailer 22. Clothing Bank & Storage ** Green Units are the Transitional Housing Units ** -0,5 4-) l..'-..'0 C. X 4� ;tip --`-� 230 t .....,.. ..:„:„.,.,, ,,rs) ..,.„, ....i N;:s. it", .i: BUSINESS OF THE CITY COUNCIL YAKIMA,WASHINGTON AGENDA STATEMENT Item No. 3. For Meeting of:August 22, 2023 ITEM TITLE: Resolution authorizing a Memorandum of Understanding regarding mental health services at Camp Hope temporary emergency homeless encampment SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: Comprehensive Healthcare received grant funds to provide mental health services through a mental health clinic at Camp Hope. Since the property is zoned suburban residential, a mental health clinic is currently not an allowed use. This Memorandum of Understanding outlines the roles of the parties moving forward to apply for the rezone of the property, and interim aspects of the project. Ultimately, in the event all actions are successful, the City would lease a parcel of property to Comprehensive Healthcare to be used as a mental health clinic for the adjacent temporary emergency homeless encampment, similar to how it is leasing property to Grace City Outreach for Camp Hope. ITEM BUDGETED: STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type ❑ Res-CHC GCO MOU 8/18/2023 Resdution © MOU-City&Grace City Outreach&Comprehensi e 8/18/2023 Contract Healthcare O Lease Agnnt-City&Grace City Outreach 8/18/2023 Contract ❑ Lease Agmit-Oty&Comprehensi\.e Healthcare 8/18/2023 Contract ...— - .._,._ 231 RESOLUTION NO. R-2019-099 A RESOLUTION authorizing a Land Use Agreement with the Yakima Greenway Foundation to resolve and settle the lawsuits brought by the Yakima Greenway Foundation against the City of Yakima WHEREAS, on December 21, 2018, a LUPA petition was filed by the Yakima Greenway Foundation in Yakima County Superior Court No. 18-2-04570-39 entitled Yakima Greenway Foundation vs. City of Yakima; and WHEREAS, on or about January 31, 2019, a petition for review before the Growth Management Hearings Board of Eastern Washington was filed by the Yakima Greenway Foundation under case number 19-1-0001, and WHEREAS, the two petitions arise out of the City's application, and the Yakima City Council's approval, to amend the City's comprehensive plan and rezone 2 5 acres in the vicinity of South 24th Street and East Nob Hill Blvd. from low-density to commercial mixed use, and from suburban residential zone to general commercial zone respectively; and WHEREAS, the parties engaged in negotiation to attempt to come to a mutually acceptable resolution to the disagreement, and as a result of those efforts, the parties have now reached a proposed resolution of the disputed issues, and WHEREAS, the negotiated settlement, subject to the approval of the Yakima City Council, will resolve all claims in the matter pursuant to the terms of the agreement, resulting in a Land Use Agreement and License regarding the 2 5 acre at issue in the litigation and adjacent property; and WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the City to authorize the City Manager to execute the attached Land Use Agreement and enter into a License Agreement for adjacent property, to resolve and conclude the lawsuit; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is authorized and directed to sign the attached Land Use Agreement entered into by the City of Yakima and Yakima Greenway Foundation to resolve and settle the lawsuits brought by the Yakima Greenway Foundation against the City of Yakima, by which settlement the Land Use Agreement shall attach to the land, a License Agreement shall be entered into, and the claims by the Yakima Greenway Foundation shall be dismissed with prejudice and without costs ADOPTED BY THE CITY COUNCIL this 5th day of November, 2019 Kathy C ffey, Ma or )„,toex 0,4 2 Sonya Claar Tee, City Clerk `• INDEX ��{L 232 Return Address: Michael F. Shinn Halverson I Northwest Law Group P.C. PO Box 22550 Yakima, WA 98907 Document Title. Land Use Agreement Grantors. City of Yakima, a municipal corporation; Yakima Greenway Foundation, a Washington nonprofit corporation; Grantees: City of Yakima, a municipal corporation; Yakima Greenway Foundation, a Washington nonprofit corporation; The Public Legal Description (abbreviated): Ptn SW' S 28 and SE% S 29, T 13 N R 19 EWM Additional legal(s) on page(s) 12 Assessor's Tax Parcel IDs#: 191329-41400; 191329-41404; 191328-32005 DC. INDEX 233 LAND USE AGREEMENT This Land Use Agreement (the "Agreement") is entered into by and between the CITY OF YAKIMA, a municipal corporation ("City"), and the YAKIMA GREENWAY FOUNDATION, a Washington nonprofit corporation ("Yakima Greenway"). RECITALS i - A On, or about, April 30, 2018, the Wastewater Division of the City of Yakima through the Public Works Director for the City submitted land use applications for a Comprehensive Plan Map Amendment ("CPA"), Rezone, and for Environmental Review (the "Land Use Applications") with regard to a portion of Yakima County Assessor Tax Parcel Numbers 191329-41400, -41404, and 191328-32005 located in the vicinity of Highway 24 and South 22nd Street in Yakima, Washington. The request was to change the selected 2.5 acres from low-density to commercial mixed use on the Future Land Use Map of the Comprehensive Plan and to concurrently rezone the property from Suburban Residential (SR) to General Commercial (GC). The property in question has now been surveyed and the legal description for the approximately 2.5 acres is set forth on the attached Exhibit "A". B. The "Subject Property" (described in Exhibit "A") lies within the Yakima River Regional Greenway, sometimes identified as the "Greenway Overlay". A map depicting the site is also attached as Exhibit "B". This area was selected in 1977 by the Washington State Legislature as part of a uniquely valuable recreation, conservation, and scenic resource in the State of Washington. RCW 79A.05.750. Known as the "Washington State Yakima River Conservation Area", the purpose recognized by the state legislature for this property is for development of recreational areas and their related facilities and to preserve, as much as possible, the river wetlands in their natural state. RCW 79A.05.775. The City adopted the Yakima River Regional Greenway Plan as part of its zoning ordinance, recognizing the Greenway Overlay (GO), in YMC Chapter 15.03.010, .020. The Greenway Master Plan was last updated in 1995 and was adopted by reference as part of the Yakima Urban Area Comprehensive Plan in April 1997. According to the 1995 Master Plan Update, commercial development in the area of the Subject Property "must be placed in the Greenway with a great deal of planning and consideration for the other needs of the Greenway. For this reason, commercial development has been encouraged only in those areas already zoned or developed commercially. All development should comply with Greenway design standards in order to maintain the integrity of the Greenway and a park like appearance throughout the corridor." Greenway design standards are set forth in Appendix I to the 1995 Yakima Greenway Master Plan Update. C. The City faces a severe housing crisis and lack of affordable housing especially for its very low income population. The Subject Property was identified as a possible location for homeless housing, however, the Wastewater Division intended the application submitted to be considered as a non-project CPA and Rezone. Following a Land Use Agreement- 1 INDEX 234 SEPA review and Determination of Non-Significance issued on July 5, 2018, the City's land use applications then proceeded to open record public hearings on August 8, 2018 before the Yakima Planning Commission. Following a continuation of the public hearing to September 12, 2018, on September 26, 2018, the Yakima Planning Commission adopted Findings and Conclusions that while the Comprehensive Plan Amendment was consistent with applicable approval criteria and YMC Section 16.10.040, nevertheless, the proposed rezone was not considered compatible with the surrounding neighborhood. The said recommendation of the Yakima Planning Commission was deliberated on by the Yakima City Council and on November 6, 2018, the City indicated approval of both the Comprehensive Plan Amendment and Rezone. In order to allow time for a survey to be completed of the 2.5 acre site, on, or about, December 4, 2018, the Yakima City Council adopted Ordinance No. 2018-053 approving both the Comprehensive Plan Amendment and Rezone, with an effective date of January 6, 2019. D. Following the enactment of Ordinance No. 2018-053,the Yakima Greenway II timely filed a Petition for Review of Land Use Decision ("LUPA Petition") in Yakima County Superior Court, Cause No. 18-2-04570-39, on December 21, 2018, and a Petition for Review before the Growth Management Hearings Board of Eastern Washington ("GMHB Petition") on, or about, January 31, 2019 The LUPA Petition case in Yakima County Superior Court has been stayed pending review by the Growth Management Hearings Board, pursuant to Order entered therein on February 7, 2019. Proceedings before the Growth Management Hearings Board have been extended in accordance with RCW 36.70A.300(2)(b) to enable the parties to discuss alternate dispute resolution. A status report is due in the GMHB Petition case, Case No. 19-1-0001 on December 4, 2019. E. On, or about, August 5, 2019, a 6-person committee appointed by the Yakima City Council issued a report to the City Council to discuss and make recommendations concerning housing facilities that could be located on the Subject Property. That committee, consisting of representatives from the Arboretum, experts on programs and housing, City, County and community members and representatives, as well as City staff and legal counsel addressed three topics before the Council: (1) the nature of housing which may be appropriate and needed on the Subject Property; (2) the services potentially available on that site; and (3) the physical attributes of development at that location, including site-screening and other related topics. The Committee concluded that the Subject Property may not be optimal for housing, that there is no public transit available, the location was not walkable from town or close to services, and its proximity to the Wastewater plant was not ideal for housing. The Committee further acknowledged that the property was within the Greenway Overlay of the Yakima Zoning Ordinance and that the process outlined in the Yakima Municipal Code regarding the Greenway Overlay Zone would be required for any development of the property. Nevertheless, the Committee viewed the Subject Property as potentially suitable for some form of transitional housing with appropriate mitigations, support services, and outreach opportunities. The Yakima Greenway viewed several aspects of the Committee's report as compatible with the policies of the Yakima Greenway as long as certain safeguards are implemented and adhered to. Land Use Agreement-2 D C• INDEX r 235 F. The parties have discussed the needs of the City, limitations on future use of the Subject Property, and additional mitigation proposals including Yakima Greenway use of City property adjacent and/or near the Subject Property for Yakima Greenway development and Yakima Greenway users and as a result of those discussions the parties have developed a strategy to protect and safeguard the Yakima Greenway which also helps address the shortage of affordable housing in Yakima for the very low income population This Agreement, represents the culmination of the parties' discussions in this regard. AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in this Agreement, the parties agree as follows. 1. Prohibited Uses. In order for the Yakima Greenway to dismiss its LUPA Petition and GMHB Petition, the parties have first identified specifically prohibited uses of the Subject Property. The uses prohibited are in addition to those prohibited under Table 4- 1 of YMC Section 15.04.030 in the GC zone, and as it may be amended. Additional prohibited uses of the Subject Property even though potentially allowed under said Table 4-1 in the GC zone are set forth on the attached Exhibit "C". 2. Conditions. Table 4-1 of YMC Section 15.04.030 allows for Group Homes, Adult Family Home, Boarding House, Convalescent and Nursing Homes, and Mission,1 1 The following definitions currently apply to the Health and Social Service Facilities listed in this paragraph "Group Home" means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children provided special care in a home like environment. This definition includes homes of this nature for six or fewer persons, excluding house parents, which are protected by state or federal laws as residential uses." "Adult Family Home"means a regular family abode, licensed by the state, in which a person or persons provide personal care, special care, room, and board, to more than one, but not more than six adults who are not related by blood or marriage to the person or persons providing the services." "Boarding House" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semi-permanent basis "Convalescent or Nursing Home" means an establishment providing nursing, dietary and other personal services to convalescents, invalids, or aged persons, but not mental cases or cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals" "Mission" means a facility typically owned or operated by a public agency or nonprofit corporation, providing a variety of services for the disadvantaged, typically including, but not limited to, temporary housing for the homeless, dining facilities, health and counseling activities, whether or not of a spiritual nature, with such services being generally provided to the public at large Missions are subject to a Type 3 review and require an accompanying development agreement incorporating applicable development standards and mitigations imposed by hearing examiner (Footnote continued on next page ) Land Use Agreement-3 DOC. INDEX 236 hereinafter referred to as "Care Facilities", under the land use category Health and Social Service Facility with varying review standards in the GC zone. For all Care Facilities, not prohibited under paragraph 1., above, there shall exist minimum standards to address issues of health and safety, operations and management, and facility design, which the parties hereto agree shall also be incorporated into a development agreement appurtenant to any such project development. A. Health and Safety. To promote health and safety to residents of any "Care Facilities" project targeted for the Subject Property as well as the public at- large, the following mitigation measures shall be required to be provided by the project developer: (i) the facility must have reasonable occupancy rules and regulations, adherence to which is mandatory for continued residency, such rules to include, for example, prohibiting criminal activity, discharge of firearms, illegal drug use and trafficking, gang activities, prostitution and gambling, and shall also include limitations on the number of occupants, visitors, and noise limitations; (ii) any such developer must provide reasonable security in terms of construction, lighting, fencing and access as well as arranging for security staffing; (iii) any such developer shall assist with enhancing security for the benefit of the public within the Greenway Overlay, by reasonably providing for increased lighting in dark areas, particularly near the SR 24 underpass, and Robertson Landing shall be lighted and fenced for Greenway user safety; and, (iv) any such developer shall be required to insure reasonable means of transportation for occupants for medical, dental, treatment and therapy needs. Both parties acknowledge that at the time of entering into this Agreement the City's Planning Commission has recommended removing the definition of"boarding house" and adding a new definition to the categories of Health and Social Service Facilities, namely, "congregate living facility " It is anticipated these changes will be proposed to Table 4-1 of YMC Section 15 04 030 at a public hearing on December 3, 2019 If/when approved, the parties agree that the term "boarding house" herein will be replaced with the term "congregate living facility" defined as follows "Congregate facility" means an establishment providingboth lodging and meals, or living 9� 9 the ability for residents of the facility to cook their own meals, for persons residing in the facility on a permanent or semi-permanent basis This definition includes facilities commonly known as boardinghouse or dormitories, except that dormitories provided in conjunction with a proposed or existing educational facility shall be an accessory use to that facility DOC Land Use Agreement-4 INDEX __ nm - 237 B. Operations and Management. (i) the facility must have a 24-hour on-site manager with experience in managing a Care Facility; (ii) besides an enforceable set of rules and regulations for its occupants, the facility must operate with reasonable procedures for maintenance, trash and debris removal, and weed and pest control; and (iii) the density of occupancy shall not exceed the allowed density of the facility meeting all Title 15 and City of Yakima development requirements C. Facility Design and Compatibility Requirements. For any such Care Facility the Design Standards adopted as Appendix I to the Yakima Greenway Master Plan Update 1995 shall be adhered to as much as possible, provided, however that design flexibility shall be promoted where it enhances the natural beauty of the Yakima Greenway and promotes access and recreational usage by the public and facility occupants of the Greenway Overlay. The conditions for approval of a Care Facility on the Subject Property is intended to allow for on-site support services such as medical, dental and therapy providers, employment training and housing placement and coordination with other systems for residents of the facility. In this regard, the parties have been made aware of a Portland, Oregon housing development known as "The Blackburn Center" and Bellevue, Washington shelter sometimes referred to as the"Eastside Men's Shelter"which provide models for further development facility design considerations, operations and program management, health and safety and mitigation of impacts on surrounding property. 3. Mitigation Measures; Yakima Greenway Use of City Owned Property Within Close Proximity to the Subject Property. The parties agree to enter into a Greenway License Agreement, in the form attached hereto as Exhibit "D" which will allow the Greenway possession and use of a portion of City owned property adjacent to the Subject Property, the Yakima Greenway and the Wastewater Treatment Plant, hereinafter referred to as the "License Property " As part of the License, the Greenway shall not construct any permanent structures on the License Property without prior approval by the City, which may be withheld in the discretion of the City. Further, the Greenway acknowledges that any improvements made to the License Property will be at Greenway's cost, will be adequately maintained by the Greenway, and, if abandoned upon termination of the Agreement, will become the property of the City of Yakima. A map depicting the License Property, with access roads and future projects to which use of the License Property is allowed, is attached as Exhibit "2" to the License DOC. Land Use Agreement-5 INDEX 238 4. Future Oversight and Development Within the Greenway Overlay. The parties understand and acknowledge that while efforts are being made to address and resolve the community's housing crisis, that public recreation areas such as the Yakima Greenway, which are not designed to meet the housing needs of the homeless, are sometimes resorted to for refuge. The City agrees that the Yakima Greenway is an area of concern and consideration for homeless clean-up activities conducted by the City. The parties further agree that that for land use applications involving property within the Greenway Overlay Zone staff shall provide direct notice to the Yakima Greenway, as a private group with a known interest in land use proposals within the Greenway Overlay RCW 36.70B.110(4)(c). 5. Development Review Process. This Agreement contemplates that City Ordinance No. 2018-053 will remain in effect and that the Subject Property is rezoned GC. Except as otherwise specifically set forth in this Agreement, development of the Subject Property shall not be subject to ordinance, resolution, rule, regulation, standard, directive, condition, or other measure that is in conflict with the law on the effective date of this Agreement or that reduces the rights provided by this Agreement unless agreed to in writing by the parties or imposed by the City through the exercise of substantive SEPA authority. Without limiting the generality of the foregoing, any changes in the law which would accomplish the following result on the Subject Property shall be deemed to conflict with the provisions of this Agreement: A. New legislation changing permitted land uses or the class or type of review of allowed uses in the General Commercial (GC) zone; B. New legislation redefining the terms for allowed uses within the General Commercial (GC) zone. The City, nevertheless, reserves the authority to impose new or different regulations to the extent required to prevent a serious threat to public health and safety 6. Effective Date. The Effective Date of this Agreement shall be the date of the last, required and acknowledged signature hereto. 7. Resolution of Pending Litigation. Upon final execution of this Agreement, properly approved by the parties hereto, the LUPA Petition and GMHB Petition filed under Yakima County Superior Court Cause No. 18-2-04570-39 and GMHB case number 19- 1-0001 shall be dismissed and orders of dismissal with prejudice without an award of fees or costs to any party, shall be entered. The parties agree that no future litigation shall be commenced by the Yakima Greenway regarding the City's request for Comprehensive Plan Amendment and Rezone which resulted in the adoption of Ordinance No. 2018-053; provided, however, that the parties are free, consistent with the terms herein, to seek of judicial remedies if necessary to enforce or interpret the provisions of this Agreement. DOC. Land Use Agreement-6 W D X 8. General Provisions. A. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. B Amendment; Modifications. Any amendment to this Agreement must be approved by each of the following: (a) the City; and (b) the Yakima Greenway, their successors or assigns. C. Binding on Successors; Assignment, Enforcement. (i) Binding Agreement. This Agreement shall be effective, binding upon and inure to the benefit of the successors and assigns of the Yakima Greenway and the City (ii) Assignment. The City has the right to assign or transfer all or any portion of its interest in the Subject Property to other parties. Consent by the Yakima Greenway shall not be required for any transfer of rights pursuant to this Agreement. Upon transfer, however, the transferee shall take any interest in the Subject Property subject to all obligations under this Agreement as to the property transferred. (iii) Enforcement of Agreement. The City, and the Yakima Greenway, may enforce the terms and conditions of this Agreement in any court or tribunal with jurisdiction. Venue for any such action shall lie in Yakima County, Washington D. Recording. This Agreement shall be recorded with the Yakima County Auditor and shall be binding on the parties, their successors and assigns. E. Interpretation. The parties intend this Agreement to be interpreted to the 9 P full extent authorized by law as an exercise of the City's and the Yakima Greenway's right to resolve land use disputes by agreement. This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall imply to the interpretation or enforcement of this Agreement. F. Severability. If any provision of this Agreement is determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law. If a court finds unenforceable or invalid any portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent with the court decision, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification of this Agreement has been completed. If the parties do not DO C. Land Use Agreement- 7 :INDEX 240 mutually agree to modifications within forty-five (45) days after the court ruling, then either party may initiate the dispute resolution proceedings in subsection 8.G., for determination of the modifications which implement the intent of this Agreement and the court decision. G. Disputes; Default and Remedies. (i) Dispute Resolution. In the event of any dispute relating to this Agreement, all parties upon the request of any other party shall meet within seven (7) days of the request to seek in good faith to resolve the dispute. The City shall send the appropriate department director and persons with information relating to the dispute and the Yakima Greenway shall send a representative and any consultant or other person with technical information or expertise related to the dispute. (ii) Default and Remedies. No party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is something that cannot be reasonably cured within the thirty (30) days, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall not be deemed a default. Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation, damages, specific performance or writs to compel performance or require action consistent with this Agreement. H. No Third Party Beneficiary. This Agreement is made and entered into for the sole protection of the parties, their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. Integration. This Agreement represents the entire Agreement of the parties. There are no other agreements, oral or written, except as expressly set forth in this Agreement. J. Authority. The City and Yakima Greenway each represent and warrant that they have the respective power and authority, and are duly authorized to execute, deliver and perform their obligations under this Agreement. K. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. DOC Land Use Agreement- 8 ° INDEX - .. 241 L. Notice. All communications, notices and demands of any kind which a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally; (ii) sent by electronic-mail transmission with request for receipt confirmation from the recipient (with return e-mail receipt serving as proof of delivery); or (iii) deposited in the US mail, certified mail, postage prepaid, return receipt requested and addressed as follows. If to Yakima Greenway. Yakima Greenway Foundation do Kellie Connaughton 111 South 18th Street Yakima, WA 98901 (509) 453-8280 kellie@yakimagreenway.org with a copy to' Halverson I Northwest Law Group P.C. Michael F. Shinn PO Box 22550 405 E. Lincoln Avenue Yakima, WA 98907 (509) 248-6030 mshinn cr hnw.law If to the City: City of Yakima City Manager 129 N. 2nd Street Yakima, WA 98901 (509) 575-6040 with a copy to: City of Yakima Jeff Cutter Yakima City Attorney Legal Department 200 South Third Street, 2nd Floor Yakima, WA 98901 (509) 575-6030 jeff cutter(c` yakimawa.gov Land Use Agreement-9 DOC INDEX 242 Notice by hand delivery or e-mail shall be effective with proof of receipt, if deposited in the mail, notice shall be deemed delivered forty-eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. I. Cooperation. The parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority to implement the intent of this Agreement. The City and Yakima Greenway agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. In this regard, the parties pledge to work cooperatively towards further updating the Yakima Greenway Master Plan and revisiting YMC Chapter 15 03 with regard to the Greenway Overlay and the adequacy of current land use legislation for the protection of the Yakima River Regional Greenway. IN WITNESS WHEREOF, this Agreement has been entered into between the City and the Yakima Greenway, and is effective as of the `J day of N 0'Q fr\loz{ , 2019. - YAKIMA GREENWAY FOUNDATION, a Washington non profit corporation (Yakima Greenway) CE),_1P By. 0.//I�. 'K-U !'�� Ellen SJJacksbn,/President CITY OF YAKIMA, a political subdivision of the State of W-shington #9/0 B I� a.' �l:r t y i'` i CITY CONTRACT NO• �1 1 I �� ,1� 7+� .�T1 r , wager RESOLUTION NO f 1( og61 Approved as to Form: �/ - Je j r, City Attorney [ACKNOWLEDGEMENTS ON FOLLOWING PAGE] Land Use Agreement- 10 Eto INDEX PN—a— 243 • { STATE OF WASHINGTON ) County of Yakima ) I certify that I know or have satisfactory evidence that ELLEN S. JACKSON, is the person who appeared before me and is the PRESIDENT of YAKIMA GREENWAY FOUNDATION, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (s)he is authorized to execute the same instrument on behalf of the corporation.l Given under my hand and official seal this may of D J-O k) , 2019. MELANIE S BROWN II of Y l JZJJ L.J `S, 6{ 11t)' NOTARY PUBLIC 163191 NOTARY PUBLIC in and for the State STATE OF INASHINGTONof Washington, residing at L. /�Q_ COMMISSION EXPIRES APRIL 19,2023 My commission Expires: 4-4 -44...).3 tagssassesesissimssi STATE OF WASHINGTON ) ) County of Yakima ) }r‘ I certify that I know or have satisfactory evidence'thatln ` 1 A`& 61A-11)0,,:' is the person who appeared before me and is the/CITY MANAGER of THE CITY OF YAKIMA, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (s)he is authorized to execute the same instrument on behalf of the corporation. Given under my hand and official seal this '7 dayof NOV . , 2019. ,��,:,;,;:Ilfirfl►rrrrr����� = NOTggy, ':. NOTARY P IC in and for the State ._ a = of Washington, residing at 0-.AGt----- O'a'.Ax'JBLIC 1 My commission Expires: dmitnni moo Land Use Agreement- 11 DOC. INDEX # Pc.)- 244 Exhibit "A" Legal Description of Subject Property That part of the Southwest quarter of Section 28 and the Southeast quarter of Section 29, Township 13 North, Range 19 East, W.M., described as follows: Commencing at the East quarter corner of said Section 29, Thence North 89°17'40"West along the North line of the Southeast quarter of said Section 29 a distance of 205.60 feet to the Northerly extension of the "W-Line" shown on Washington State Department of Transportation (WSDOT) right of way plans "SR 82 SR 24 Interchange" dated March 26, 2004; Thence South 0°25'20" West along said "W-Line" and its Northerly extension 396.05 feet; Thence South 89°34'40" East 70.00 feet the Easterly right of way line of South 22nct Street as shown on said WSDOT right of way plans and the Point of Beginning; Thence North 0°25'20" East along said right of way line 138.99 feet to an angle point in the Southerly right of way line of State Route 24; Thence North 59°34'05" East along said right of way line 86.13 feet to a point on a curve concave to the Southwest, the center of said curve bearing South 18°19'49" West 1575.00 feet; Thence Southeasterly along said curve consuming a central angle of 17°23'43" an arc length of 478.18 feet; Thence North 71°25'18" West 21.68 feet to the point of curvature of a curve concave to the South and having a radius of 45.00 feet; Thence Southwesterly along said curve consuming a central angle of 86°38'41" an arc length of 68.05 feet; Thence South 21°56'01" West 39.49 feet to the point of curvature of a curve concave to the Northwest and having a radius of 400 00 feet; Thence Southwesterly along said curve consuming a central angle of 23°37'37" an arc length of 164.95 feet; Thence South 45°33'39" West 25.92 feet to the point of curvature of a curve concave to the Northeast and having a radius of 82 00 feet; Thence consuming central angle of 126°10'43" an arc length of 180.58 feet; Thence North 8°15'39"West 73.57 feet to the point of curvature of a curve concave to the Southwest and having a radius of 125 00 feet; Thence consuming a central angle of 61°58'27" and arc length of 135.21 feet; Thence North 70°14'06" West 72.45 feet to the Point of Beginning; Situate in Yakima County, Washington. Land Use Agreement- 12 t, _ . ..._... 245 r— d Z O. c Co Cr, 1. City of Yakima Comprehensive Plan and Rezone application.The approximately 2.6 acre area outlined below contains the por- lions of Parcels 191328-32005,191329-41400,and 191329-41404 which are outside of the 100-year FEMA Floodplain.If approved,a coCD bounda •1-a ad ustme - If be submi y,, h a •,•1 z. y,J n a sin le parcel -0 CD Lf Sycp s - 1 - 54 k� {q ¢C5 ;r� C['t .f-' 14 Sa r,{ ......, ,..._ .�,,;,'-L.lr.r ikA r r� xY 1 r", ti4 yr� rl a ' • ,tT r4 of - fiA i./,.e4b1 It �!c-, ,L ' *, •v kL,' ,' d L r b y .F.IZ+ .:='uc,S•fi .Y.x y, 1< t,' � '*'k'� -•' FRFd 4. i F3 #Vr S "," r' igir g ''5k 'te' :F . t T� t C f iri S dx(Aca :% a. 4^. `V <� „ A Ls t . 6 vt. F.F;',)4$.•-.1.2.:„k.. }��-t�X3 {].R yy Yy 1f'. aria# ei ? l,;'�' r�'cer�' t1+,v, �•J• �� 4,�S, 4 t I 2 , .[I'`.�Y+ i':. ^•¢•4. {�.Rr�t _ r f '2j, 1 :� {• 'h-k�( ��ir{, TiC 1 d 2' • : C ry ' f'��i"4S'[}a yp . u Yr ' `lsF �Ar .074.V.,rt y �;R • b* >yyyT! E �l't 3} E,I:•FUti!•�i Ube tJ-H[rW f -.c .f.5 V R`3""r j i .�' • stC tcy e`. yrtlr �' ::4f 4�r i�'a ii[ 59 sr�j ia, :.' � ;� �� • R "M� .al•., : di rk:4�'#r.� r r 1 4.t."'41417::',1 I''. : „ -q.PiA,-'4%.,:14.;.,tievti, ..3,-,,.. -,.-. 41,voaL , f,44avrA u„ r r ffffff r r r c � S � } ii.,) i * t a.,..afi KC .iv i , SA ,, i,- ,' 4. ..:. # Address:Vicinity of SR-24 and S 24th SI Zoning:SR Future Land Use:Low Density Residential City of Yakima,2220 '\ Parcels:191328-32005,1 91 329-414 00,191329-41404 Yakima,WA 98901 DOCe ItiDEX 246 Exhibit "C" Prohibited Uses 1. Low barrier emergency shelter 2. Halfway house. 3. Treatment centers for drug and alcohol rehabilitation. 4. Correctional facilities. 5 A tavern, bar, nightclub, cocktail lounge, liquor store, discotheque, dance hall or any other establishment selling alcoholic beverages for on-premises consumption, provided, however, the foregoing shall not prohibit the operation of a restaurant where the sale of alcoholic beverages therein comprises less than thirty (30%) percent of the restaurant's gross revenues. 6. A service station, automotive repair shop, truck stop or vehicle fueling station 7. A flea market or pawnshop. 8. A dry cleaning plant, central laundry or laundromat (which shall not preclude a "drop off and "pick up" dry cleaning service where all dry cleaning processes shall be located outside of such premises). 9 A piercing pagoda or tattoo parlor or similar establishment. 10. An adult type bookstore or other establishment selling, renting, displaying or exhibiting pornographic or obscene materials (including without limitation: magazines, books, movies, videos, photographs or so called "sexual toys") or providing adult type entertainment or activities (including, without limitation, any displays of a variety involving, exhibiting or depicting sexual themes, nudity or lewd acts 11. A massage parlor or any establishment purveying similar services. 12. A mobile home or trailer court, labor camp , junkyard or stockyard 13. A landfill, garbage dump or for the dumping, disposing, incineration or reduction of garbage 14. A gambling establishment of any kind including, without limitation, a casino, bingo parlor or betting parlor (but lottery tickets may be sold and Land Use Agreement- 14 DOC. INDEX N.- 247 { government sponsored lottery and similar gaming devices may be operated incidental to non-casino and non-hotel primary business at the premises). 15. An assembling, manufacturing, industrial, distilling, refining or smelting facility. 16. A storage warehouse or storage facility, except for storage incidental to a permitted use. 17. Any use which regularly emits a noxious odor, loud noises or sounds which can be heard or smelled outside of the occupant's premises. 18. A "so called" head shop. 19. A store or facility for the retail, wholesale or medical distribution of marijuana, or the sale or distribution of drugs or drug products by any business other than a licensed pharmacy Land Use Agreement- 15 248 Exhibit "D" License Agreement DOC. Land Use Agreement- 16 iNSDEX - �.. 249 Return Address. Michael F. Shinn Halverson I Northwest Law Group P.C. PO Box 22550 Yakima, WA 98907 Document Title: Greenway License Grantor: City of Yakima, a municipal corporation; Grantee: Yakima Greenway Foundation, a Washington nonprofit corporation; The Public Legal Description (abbreviated): Additional legal(s) on page(s) Assessor's Tax Parcel I Ds#: 191328-32005 250 GREENWAY LICENSE PARTIES: Licensee: Yakima Greenway Foundation, a nonprofit corporation City. City of Yakima, Washington, a municipal corporation SUBJECT PROPERTY: City owns and holds fee title to the following parcel. [need legal] Yakima County Assessor's Parcel No. 191328-32005 RECITALS: Licensee desires to improve the Subject Property in the future to provide for additional recreational opportunities for residents of the Yakima area and visitors to Yakima, said property being adjacent to and capable of complimenting the current recreational opportunities offered by the Yakima Greenway. City desires to provide for additional recreational opportunities and beautify the area adjacent to Highway 24 and the Yakima Greenway, in partnership with the Yakima Greenway to benefit the residents of Yakima and visitors to the City of Yakima and Yakima County City and Licensee desire to enter into this License Agreement to allow Licensee to use the Subject Property to improve, beautify, and utilize the property for recreational purposes for the public, pursuant to the terms and conditions of this License Agreement. AGREEMENT: 1. Definitions. "City" shall mean the City of Yakima. "Licensee" shall mean the Yakima Greenway Foundation. 2. Term and Termination. The term of this License shall be for twenty-five (25) years commencing on the date of execution of this License by all parties. For the initial License term, the City may terminate this License only for a public purpose. After the initial twenty-five year period, this License shall automatically renew for additional one-year terms, but may be terminated by either party by giving six (6) months advance written notice prior to the next renewal date. DOC. Greenway License-1 INDEX 251 Ar 2r 3. Grant of License/Premises. The City hereby grants to Licensee, a license for the purposes stated herein upon the Subject Property described above and in the attached Exhibit"1". An aerial photograph depicting the Subject Property is also attached as Exhibit "2". Fee interest in the Subject Property is owned by the City. 4. License Fee. There will be no License Fee for use of the Subject Property because the property is being used for public recreation, public benefit and public use. 5. Use of Premises. Licensee may use the premises for recreational pathways, gazebos, picnic shelters, benches, boardwalks, informational signs, lighting, parking lots (of any material), play structures, athletic fields, and similar improvements. All plans for the Subject Property must first be approved by the Public Works Director or its designee, of the City. In using the Subject Property, the Licensee shall comply with all policies and regulations promulgated by the City relative to the location, operation and maintenance of improvements located thereon. In so doing, the Licensee agrees to comply with all applicable federal, state, and local laws, ordinances, regulations, and environmental requirements. The Licensee further agrees to hold the City harmless from claims or suits resulting from any failure on the part of Licensee to comply with these requirements. 6. Repair and Maintenance. Licensee shall maintain and repair all of its improvements authorized upon the Subject Property and shall inspect the Subject Property and provide routine maintenance and repair in keeping with its supervision of all properties it controls within the Yakima Greenway Overlay, so as to allow safe public access and use. Licensee agrees to exercise reasonable care in keeping the Subject Property free of debris and waste within a reasonable time and in a good and workmanlike manner. 7. No Requirement for Immediate Development or Improvements. Licensee is not required to install any improvements of a temporary, or permanent, nature during the term of the License. One of the intended benefits of the License is to buffer current uses in the Yakima Greenway Overlay from activities as may be permitted pursuant to that certain Land Use Agreement entered into by the City and the Yakima Greenway Foundation on, or about, , 2019, and to provide Licensee with additional inventory of useable recreational property to aid Licensee in securing future state or federal funding for the placement of recreational improvements thereon. 8. Joint Use It is understood that the Subject Property may be used jointly by Licensee and the City and that each party will conduct operations in a reasonable manner so as not to unreasonably interfere with the operations of the other. 9 Reservation of Rights to Maintain and Grant Utility Franchises and Permits. The City reserves the right for utility franchise and permit holders to enter upon the premises to maintain existing facilities and, for itself, to grant utility franchises, easements and/or permits across the premises (including easements for the City's wastewater facilities if necessary). Such installations will be accomplished in such a DOC. Greenway License-2 INDEX 11* 252 manner as to minimize any disruption to the Licensee. Licensee will contact the City before any improvements are placed or constructed in order to protect legally installed underground utilities. Exhibit "3" attached hereto depicts the current easements for utilities and access, as well as a projected easement for wastewater purposes 10. City's Right of Entry and Inspection. City reserves the right to enter upon the premises at any time without notice to the Licensee for the purpose of conducting any activity associated with City operations. City shall in no way be responsible for any incidental or consequential damages due to such entry and inspection and any subsequent loss of use by Licensee City may from time to time go upon the Subject Property for the purpose of inspecting any excavation, construction, or maintenance work being done by the License. 11. Hold Harmless/Indemnification Licensee, its successors or assigns, will protect, save and hold harmless the City, its authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Licensee, its assigns, agents, contractors, licensees, invitees, employees, or any person whomsoever, arising out of or in connection with any acts or activities authorized by the Licensee, resulting from acts or activities occurring on the Subject Property. Licensee further agrees to defend the City, its agents or employees in any litigation, including payment of any cost or attorney's fees, for any claims or actions arising out of or in connection with acts or activities authorized by this License. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the City or its authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the City, its agents, or employees, and (b)the Licensee, its agents or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Licensee or its agents or employees. 12 Liability Insurance Required. Within five (5) business days of the execution of this License Agreement, Licensee shall file with the City evidence of comprehensive public liability insurance, or equivalent approved policy, with limits of not less than two million dollars combined single limit for bodily injury and property damage, with the City of Yakima, its elected and appointed officials, officers, employees and agents named as an insured party, insuring against liability from injury or damage resulting from Licensee's occupancy of, activities on, or construction or maintenance of any facilities on the Subject Property, which insurance shall be maintained in effect during the term of this License Agreement. 13. Nondiscrimination. Licensee, for itself, and successors and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that no person, on the grounds of race, color, creed, national origin, marital status, age, sex, or the presence of any sensory, mental or physical handicap shall be excluded from participation in, be denied the benefits of, or be otherwise unlawfully subjected to discrimination in the use of the Subject Property now, or hereafter, and that Greenway License-3 NDEX 253 in connection with the construction of any improvements on the Subject Property and the furnishing and services thereon, no such discrimination shall be practiced in the selection of employees or contractors, or by contractors in the selection and retention of their subcontractors, that such discrimination shall not be practiced against the public in their access to and use of any facilities provided for public accommodation constructed or operated on, over, or under the Subject Property by Licensee The breach of any of the above nondiscrimination covenants shall be a material act of default entitling the City to terminate this License in accordance with the procedures set forth herein. 14. Notices All notices required or permitted hereunder shall be in writing and shall be deemed to be delivered three (3) days after having been deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set forth below or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to the City: City of Yakima 129 N. 2nd Street Yakima, WA 98901 Attention. City Manager Copy to: City of Yakima 129 N. 2nd Street Yakima, WA 98901 Attention: City Attorney If to Licensee: Yakima Greenway Foundation do Kellie Connaughton 111 S. 18th Street Yakima, WA 98901 15. Modification. This instrument contains all the agreements and conditions made between the parties hereto and may not be modified orally or in any manner other than by an agreement in writing signed by all parties hereto. No failure on the part of any party to enforce any covenant or provision herein contained, nor any waiver of any right thereunder by any party, unless in writing, shall discharge or invalidate such covenant or provision or effect the right of said party to enforce the same in the event of any subsequent breach or default. 16. Assignability Licensee's obligations under this License cannot be assigned without the prior written consent of the City. // // w ti0, sr Greenway License-4 a' DEX c.� 254 IN WITNESS WHEREOF the parties have caused this License to be executed by the duly authorized officers on the dates set forth below. CITY: LICENSEE: CITY OF YAKIMA, WASHINGTON YAKIMA GREENWAY FOUNDATION a municipal corporation a nonprofit corporation cTsQI, 7lL24z4 7 00 '` ' Martinez, terim City Manager Ellen S. Jackson, Rr4sident L o Dat of Execution: C l,l-"i' I. Date of Execution: �j(J -ZU1 1 o , ATTESTATION �! = STATE OF WASHINGTON ) i' o ) ss. U 3 County of Yakima ) fi On this I tilt day of , V , 201 I certify that I know or have satisfactory evidence that Of14.01 ( City Manager of the City of Yakima, is the person who appeared before me, and sai. -arson acknowledged that they are authorized to sign tl i t,irmigNiment on behalf of the City of Yakima, and acknowledged it to be their free L..1 ' t for the uses and purposes mentioned in the in ument. Viz. . t/ I et---`" _ 1`4NOTARY`" t _ NOTARY PU LIC in and f h _St to of ,_;.c�,PUBLIC 4,; g Washington, residing at: f- 1 24 '�� My commission expires: ' STA ��ir�riuititt►t�r'r GTON ) ss. County of Yakima ) On this 304 day of 0/111.43(tr , 2019, I certify that I know or have satisfactory evidence that c I M 4.LL S . U41.(I c lr) , President of the Yakima Greenway Foundation, is the person who appeared before me, and said person acknowledged that they are authorized to sign this instrument on behalf of the Yakima Greenway Foundation, and acknowledged it to be their free and voluntary act for the uses and purposes _ mentioned in the instrument. MELANIE S BROWN NOTARY PUBLIC in and for the State of ? NOTARY PUBLIC0183181 Washington, residing at: 2 STATE OF WASHINGTON , My commission expires. 4-1C? - Q�i. COMMISSION EXPIRES APRIL 19, 2023 Doc. Greenway License-5 ' r E 4 255 Exhibit "1" Legal Description of Subject Property tl Greenway License-6 DOC. I Exhibit "2" Aerial Photograph of Subject Property 1 Existingand Future Easement Requirements ,� Legend 'Mile a descnplon for your mnp ;,.,. yTt�� `' ?f' • I^ k r{ y• • Camp Hope sewer pipes . wr.. *. - ��ry�k .• c ?: Camp Hope sewer station ,•+. '":; # Floodplem Enhancement Prolecl ,ti w rx r3 Sa+a" f' • .. Gave Raw ! t, ih �,pv,.pr g� ,,00 'iy • Humana Sheller Pressure Seger 1 k r44.0.e���6 eAtV-` 2 .� c YZ �. .'I 10 Potential GrcemvaY Use �il Yll „i .4: y±'��y�`� 0..,--1.,..,,,,,...4. ,�„44•'y41t*, ? . Terrace Heights MduohpI Waste Sewer EKleneop -' s j -�� 1 T Sw.r• .. . •• Terrace Heights Pressure Sewer L. It^•li. e4 . ., rr-y'x`` a T.1 ? + :t4L+t,; r s Li 'h , .. :, 40- g r �ss u 7 j 1 p ..=40 4LA, Ni . . � ` ••1^ k -.F Y Yr4, 4: :. l i J . 111^� • fr4 A. t � -,, .� Lr 1 am. eta 4 f . : a •-tErVOLNykr f • Y -epkiiitti.:6,H-[r'`,1., 10 t' 1 rN -4 0 / 1}k5 � . } f w 777 Lf. ; R . :.r' 54 g • LL.{ ry .rillco r 1.Fa.' fry-M:. r.L. g:. .^;. V*, 'Gz,le,•.rs ..�-. :4..,. 'earn r .r? I1 Greenway License-7 a li DEX ,, _�PN— 257 Exhibit "3" Current and Projected Easements Ik Greenway License-8 DOG. d f �_.., 258 1 C411;::;\---) ,,,--,,..„,, r:� BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.G. For Meeting of: November 5, 2019 ITEM TITLE: Resolution authorizing a Land Use Agreement with the Yakima Greenway Foundation SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: The Land Use Agreement between the City of Yakima and the Yakima Greenway Foundation would outline the usage restrictions for approximately 2.5 acres of property in the vicinity of South 24th Street and East Nob Hill, and provide a License Agreement for the Yakima Greenway Foundation to utilize land west of the Yakima River and east of the 2.5 acre property for public purposes and use. ITEM BUDGETED: NA STRATEGIC PRIORITY: NA APPROVED FOR ( in i SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type 0 resolution 10/31/2019 Coker Memo 0 land use agreement 11/1/2019 Coker Memo ❑ COY&Yakima Greenway Foundation-Greenway 10/31/2019 Backup Material License De N EX ...� ._ .. _...� 259 Return Address. Michael F. Shinn Halverson I Northwest Law Group P.C. PO Box 22550 Yakima, WA 98907 Document Title: Greenway License Grantor: City of Yakima, a municipal corporation, Grantee Yakima Greenway Foundation, a Washington nonprofit corporation; The Public Legal Description (abbreviated): A portion of the West 1/2 of the SW '/4 of Section 28, T 13 N , Range 19 E.W.M. Additional legal(s) on page(s) 6, Exhibit 1 Assessor's Tax Parcel I Ds#. 191328-32005 D(.3C. /ND X GREENWAY LICENSE PARTIES: Licensee: Yakima Greenway Foundation, a nonprofit corporation City. City of Yakima, Washington, a municipal corporation SUBJECT PROPERTY: City owns and holds fee title to the following parcel: See Exhibit "1" Yakima County Assessor's Parcel No 191328-32005 RECITALS: Licensee desires to improve the Subject Property in the future to provide for additional recreational opportunities for residents of the Yakima area and visitors to Yakima, said property being adjacent to and capable of complimenting the current recreational opportunities offered by the Yakima Greenway. City desires to provide for additional recreational opportunities and beautify the area adjacent to Highway 24 and the Yakima Greenway, in partnership with the Yakima Greenway to benefit the residents of Yakima and visitors to the City of Yakima and Yakima County City and Licensee desire to enter into this License Agreement to allow Licensee to use the Subject Property to improve, beautify, and utilize the property for recreational purposes for the public, pursuant to the terms and conditions of this License Agreement. AGREEMENT: 1. Definitions. "City" shall mean the City of Yakima. "Licensee" shall mean the Yakima Greenway Foundation. 2. Term and Termination The term of this License shall be for twenty-five (25) years commencing on the date of execution of this License by all parties. For the initial License term, the City may terminate this License only for a public purpose. After the initial twenty-five year period, this License shall automatically renew for additional one-year terms, but may be terminated by either party by giving six (6) months advance written notice prior to the next renewal date. DOCo Greenway License-1 INDEX 44, 261 3 Grant of License/Premises. The City hereby grants to Licensee, a license for the purposes stated herein upon the Subject Property described above and in the attached Exhibit"1". An aerial photograph depicting the Subject Property is also attached as Exhibit "2". Fee interest in the Subject Property is owned by the City. 4. License Fee. There will be no License Fee for use of the Subject Property because the property is being used for public recreation, public benefit and public use. 5 Use of Premises. Licensee may use the premises for recreational pathways, gazebos, picnic shelters, benches, boardwalks, informational signs, lighting, parking lots (of any material), play structures, athletic fields, and similar improvements. All plans for the Subject Property must first be approved by the Public Works Director or its designee, of the City. In using the Subject Property, the Licensee shall comply with all policies and regulations promulgated by the City relative to the location, operation and maintenance of improvements located thereon. In so doing, the Licensee agrees to comply with all applicable federal, state, and local laws, ordinances, regulations, and environmental requirements The Licensee further agrees to hold the City harmless from claims or suits resulting from any failure on the part of Licensee to comply with these requirements. 6 Repair and Maintenance. Licensee shall maintain and repair all of its improvements authorized upon the Subject Property and shall inspect the Subject Property and provide routine maintenance and repair in keeping with its supervision of all properties it controls within the Yakima Greenway Overlay, so as to allow safe public access and use. Licensee agrees to exercise reasonable care in keeping the Subject Property free of debris and waste within a reasonable time and in a good and workmanlike manner. 7. No Requirement for Immediate Development or Improvements Licensee is not required to install any improvements of a temporary, or permanent, nature during the term of the License. One of the intended benefits of the License is to buffer current uses in the Yakima Greenway Overlay from activities as may be permitted pursuant to that certain Land Use Agreement entered into by the City and the Yakima Greenway Foundation on, or about, November 7, 2019, and to provide Licensee with additional inventory of useable recreational property to aid Licensee in securing future state or federal funding for the placement of recreational improvements thereon 8. Joint Use. It is understood that the Subject Property may be used jointly by Licensee and the City and that each party will conduct operations in a reasonable manner so as not to unreasonably interfere with the operations of the other. 9. Reservation of Rights to Maintain and Grant Utility Franchises and Permits. The City reserves the right for utility franchise and permit holders to enter upon the premises to maintain existing facilities and, for itself, to grant utility franchises, easements and/or permits across the premises (including easements for the City's wastewater facilities if necessary). Such installations will be accomplished in such a DCe Greenway License-2 INDEX 262 Exhibit "1" Legal Description of Subject Property That portion of the West half of the Southwest quarter of Section 28, Township 13 North, Range 19 East, W.M. lying Westerly of the following described line: Beginning at the Northwest corner of said subdivision; thence South 87°16'50" East, along the North line thereof, 434.00 feet; thence South 0°00' East 1856.31 feet to a point herein described as Point "A" and the True Point of Beginning of the herein described line; thence North 46°06' East 219.00 feet; thence North 42°31' East 89.00 feet; thence North 34°46' East 125.00 feet; thence North 31°47' East 200.00 feet; thence North 26°50' East 339.00 feet; thence North 37°30' East 20 feet, more or less, to the South right-of-way line of State Highway No. 11-A and the terminus point of the herein described line, EXCEPT that portion thereof lying Westerly of the following described line Beginning at the before mentioned Point "A"; thence North 33°46' West 114.00 feet; thence along a curve to the right having a central angle of 33°51'01", a radius of 145.00 feet and a length of 85.67 feet; thence North 0°05' East 324.00 feet; thence North 1°48' West 112.00 feet; thence along a curve to the right having a central angle of 29°48'00", a radius of 295 00 feet and a length of 153.43 feet; thence North 28°00' East 136.00 feet; thence along a curve to the left having a central angle of 26°45'00", a radius of 150.00 feet and a length of 70.03 feet; thence North 1°15' East 429 feet, more or less, to the South right-of-way line of State Highway No. 11-A and the terminus point of the herein described line; AND EXCEPT that portion thereof lying Northerly of the South right-of-way line of State Highway No. 11-A. Containing 11 acres, more or less. OC Greenway License-6 • c• 263 1 1 1 I 1 1 0/4Mt SIC.29. 'f'aG T- R 9l •R-19 L,SM TNT —i________CI i -kPi 1 y� I C. 1/4 SEC 29, V w¢iur(�J I T-13 N.R-19 E,wM ioNYpS a ¢ f _ . LEGAL DESCRIPTION FOR SUBJECT PROPERTY R !iEW 1 #S C., in . N Of SECTION M loan 1P �' y&p- 1, OF WES'S,Of`ME FOLLOW.o[sme[o oat y e• yFAP SEAL oa o FEET TO A PONT HEREIN MEM.AS POINT-A-N.THE TR.POINT OF•BECNNING 1.UFA.DESERT.LIN,MINCE NORTH 4600-EAST 21900 TUT MENCE NORTH EA1snNG of WAY - w s RM AA. GRAKL R9A9 ' nx FENCE ��},�, STATE wwch0-31-EAST 89 00 MEL THENCE NORM 34.EA57 MOD TEET TAKE �'r'1Gio`•oF A MO KA..PONT 1 �9 MENCEExaG`A OuRBEFORE io 1.mm RIGHT VI.A CErNTRAL ANOLE 11 33 E vsi Li-T 324�TM OD NO >t "3�.' AR01B DISTANCE OGFO FLED THENCE ALONG RA CLINK TO ETHE RIGOT HAN.A ''. / THENCE NORTH MOLE V. 39�9'T T A RAONS o THEN50 CE Axo AA ORiVEA7D[`OF LEFT SFE RAVING ems:!' 1J60o rylF1:ix[xc uON A 1-- ATOM ER LEsS,`A ME SWIH RICIT-OF-WARY oNEA 1 ANO AN STATE 11 MAT x0 11_A THEREOF THE UNG NORRANSHERLYO F NT Of 1xE ERE01 TIESERI1- LRrt OF ME SMITH RIGHT-GF-w.r iwc 4 1.SF OW.C .141 1 IFFa 1E.i, l \ ¢ sox albway.tong I:l / y g JI �,/ COSTII,G, PN ASALr / / LIt la i• / . , un EXIST.UTAKLAD \ r4 <Nm p1,,;;"'°RACE g h P ;<=N y 7 R.8`.2-ic§ 'Zt t WQ< � o� m r. \ ` 6 , ' fAT Z Q O a ix 4. I / / • / - x , PATHWAY _ C. 264 • AFTER RECORDING RETURN TO: City of Yakima Clerks Office • 129 North 2°d Street Yakima,WA 98901 TERRACE HEIGHTS SEWER DISTRICT EASEMENT FOR SANITARY SEWER FACILITIES THIS AGREEMENT,made this 7— day of brUary ,20 0'7 by and between the City of Yakima,a Washington municipal corporation,hereinafter called the Grantor, and the Terrace Heights Sewer District,Yakima County,Washington,a municipal corporation, hereinafter called the Grantee,in consideration of $ 4/'00 , the cost determined by applying the agreed upon value of twenty five cents($ .25)per square foot to the thirty nine thousand six hundred(39,600)total square feet of the granted easement set forth herein or,in the alternative to the twenty five cents($0.25)per square foot calculation,an actual professional appraised value per square foot for the total easement set forth herein so long as that value is provided to the City within thirty days of execution of this easement agreement,said consideration to be paid to Grantor within thirty(30)days of execution of this easement agreement,provides the following: WITNESSETH: For valuable consideration,receipt of which is hereby acknowledged and included herein, the Grantor,its successors and assigns,hereby grants and conveys to the Grantee,its successors and assigns, a non-exclusive easement and right-of-way twenty(20)feet in width and one thousand nine hundred eighty(1,980)feet in length,more or less,as depicted on the engineer's site map attached hereto and incorporated herein as Exhibit"A", over,under,upon and through a portion of that certain real property situated in the County of Yakima, State of Washington, for the purpose of construction,reconstruction,operation,maintenance and repair,replacement, enlargement and removal of two twelve-inch diameter wastewater force mains,which real property and easement are more particularly described as follows: Reference Surveys Book 43,Page 68,AFN 7362543&Book 48,Page 83,records of Yakima County, Washington. Poxcsa \ak328 -3213054, \S -yyszoci'3 2.51 13 Ro.nc \ci Page 1 of 3 OiHIUIl 758d803 Paga� 1 of 4 931�7JE997 93:38P YAKIIIR CITY CLERK Irr ERE $35.69 Yakima Co, WA INDEX 265 A tract of land being that part of Parcel 191328-32005 & 191329-44003,as described in Auditor's File Numbers 2512820 and 2526733, Sections 28 and 29,Township 13 North,Range 19 East, W.M.,Yakima County, Washington,more particularly described as follows: Beginning at the Center Quarter corner of said Section 28,a brass cap monument,LCR AFN 7036414,from which the South Quarter corner(LCR 2M-808)of said Section 28 bears South 00°50'57"West,2610.62 feet;thence South 65°43'45"West, 1967.82 feet,to a point on the Southerly Right-of-Way line of SR 24,Engineers Station 86+90.00, 85.00 feet right,per WSDOT Job Number 04Y014,Alignment and Right-of-Way Plans,the TRUE POINT OF BEGINNING;thence North 79°28'32"West,along said SR 24 Right-of-Way line, 14.14 feet; thence South 34°28'32"East, 18.29 feet;thence South 33°46'06"West,492.00 feet;thence North 88°05'16"West,665.90 feet;thence North 87°27'37"West,712.80 feet;thence North 41°21'28"West, 6.88 feet;thence North 87°26'46"West, 64.77 feet;thence South 02°50'40" West,48.43 feet;thence South 87°09'20"East, 15.00 feet;thence North 02°50'40"East,28.50 feet;thence South 87°26'46"East,41.36 feet;thence South 41°21'28"East,6.88 feet;thence South 87°27'37"East,721.42 feet; thence South 88°05'16"East,677.13 feet;thence North 33°46'06"East,516.67 feet,to the Southerly Right-of-Way line of SR 24;thence North 34°28'32"West, along said SR 24 Right-of-Way line, 11.84 feet;thence North 79°28'32"West, along said SR 24 Right-of-Way line, 14.14 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH the right to enter upon,over and along said real property hereinbefore described,to construct, inspect,repair,alter,modify,replace,remove and update the sanitary sewer facilities,provided that such shall be accomplished in a manner that existing and future private improvements shall not be disturbed or destroyed,or in the event that they are disturbed or destroyed,they will be replaced or repaired,as nearly as practicable,to as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantee shall leave the easement property in a level graded condition following sewer force main installation. Grantee shall remain solely responsible for the existing asbestos-cement wastewater line that is to be abandoned on Grantor's property when the new sewer force mains are placed into service. The existing asbestos-cement line shall remain in place and Grantee shall provide an accurate site map identifying the location of said abandoned line to the Grantor. Any cleanup work associated with the abandoned wastewater line that may be required at any time in the future shall be provided solely at the cost and responsibility of Grantee. If the Grantor should sell said easement property or construct permanent surfaces upon said easement property identified hereinabove,Grantee shall have the option of relocating the sewer force mains away from the easement property that is subject to sale or construction of permanent surfaces, at its sole cost and labor,or shall be solely responsible for the repair of said permanent surfaces should it become necessary for Grantee to remove said surfaces for repair to its lines. Page 2 of 3 11111111111111011111111111111111111111111 7550803 Page Fof4 AS1CN2667 34.3SP YAKIMA CITY CLERK ,.. qa EAS $3 $ Yakima Co, W # !1r y - 266 Any such repairs to permanent surfaces shall restore said permanent surfaces to as good a condition as is practicable to match the condition they were in immediately before the work Grantee performs. Other than construction of permanent surfaces, the Grantor shall not place or construct any building,wall, fence,rockery nor plant large shrubs or trees within the boundaries of said easement area. The permanent rights herein granted to the Grantee shall continue with the land and be in force until such time as the Grantee,its successors and assigns, shall permanently abandon the same and upon such written removal or abandonment, all rights hereby granted shall terminate. THE GRANTORS warrant that the Grantors have good title to the above property and warrants the Grantee title to the easement conveyed herein. IN WITNESS WHEREOF,the Grantors have executed this instrument the day and year first written above. R. A. Lis,Jr., Yakima City Manager STATE OF YVJ 514//4ri.riJ ) ) ss County of %i344lVr ) On this , day of i-e36 before me personally appeared p•4. and `---- _ to me known to be the ik4 ill and - w of the corporation that execut d the foregoing instrument,and acknowledged said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that �.4. 7rorc s • City / + s is authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year in this certificate above written. ja/A7) 44 STATE OF WASHINGTON J MICHELLE L. WILTSEY print /4t -L6 L- 1..a NotaryPublic in and for the State of NOTARY PUBLIC )16 9-zzid , COMMISSION EXPIRES residing in $.1MPI-- County. MARCH 15, 2010 My Commission expires: J-/ST— /0 Page 3 of 3 11111! E1111 I YAKIMA CrTY CLERK Doc. ER9 gll,8$ YakimaRCo, Kp 39P 267 p= .' :y fr/P F . 7 It ' ->"/ .,,, '' , 4 II! ) r--' 1141 y _ f • / :II § 2:2) i° - ... VA$4. ' N 7 /,,,, ?.-41:6\V''' - %-- - i it 0 // $ / $ 0,/(7,7:7-. •410i- 1 .•.,,?-: 1 -' "'-'., f .. !/ • f a • '—`�—duo 1dilO• �Id is I d110• d�t0 ~h �{ d— ►r0`�dFlo 1� 4. Z • . dFlO I ! -`I .000L II aW� f I I I r I = ' i ? • I I .1_4. .. )-.,:- 1 % I4 r 1 , _ .. I } 1 ,ff 1 1 : ! I 0 t ....00F_ __al -F- 1 I 1tilo---2 v � 1 gI p 1 1 _ l h ...) , 1. 'I ' : - ,C-Get--' 1 ,_ 1IA I EXHIBIT "A" 7550603 Pays, 4 of 4 !IIUJ('1JJ11J111 1I: [ Aiii m, .. .. 9697 83139P INDEX I #_8 _ 268 k- Y '.,,+ COMMUNITY DEVELOPMENT DEPARTMENT vc,„, Bill Preston, P.E., Director 41111111116, ,-:. l':'4,1 Trevor Martin,AICP,Manager L ... >= PlanningDivision I+,,`, '. "1 129 North Second Street,2nd Floor, Yakima, Washington 98901 �y� RAC to . ob_ 3t ,,Amt, Phone(509) 575-6183 • Fax (509) 575-6105 • Email: ask.planning@yakimawa.gov CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS, & RECOMMENDATION for REQUEST FOR COMPREHENSIVE PLAN AMENDMENT & REZONE File Numbers: CPA#004-24, RZ#004-24 &SEPA#007-24 APPLICANT: City of Yakima APPLICANT ADDRESS: 129 N. 2nd St., Yakima, WA 98901 PROJECT LOCATION: 2300 E. Birch St. TAX PARCEL NUMBER: 191329-41406, -41410, & -41412 [old] 191328-32006, 191329-41406, -41410, & -44003 [new] DATE OF REQUEST: April 30, 2024 DATE OF RECOMMENDATION: September 25, 2024 STAFF CONTACT: Eric Crowell, Senior Planner I. DESCRIPTION OF REQUEST: Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR) to General Commercial (GC). The intent of the rezone is to allow the operation of mental health services clinics adjacent to Camp Hope, however, that project will be reviewed in a separate process. II. SUMMARY OF RECOMMENDATION: The Administrative Official recommends approval of the Rezone, subject to conditions. III. FACTS: A. Processing 1. The applications for a Comprehensive Plan Amendment, Rezone, and Environmental Review were received on April 30, 2024. 2. The applications were deemed complete for processing on July 24, 2024. 3. The applications are being processed under YMC Ch. 16.10 (Comprehensive Plan Amendment Procedures), YMC Ch. 15.23 (Amendments and Rezones), and YMC Ch. 6.88 (Environmental Review). 4. Pursuant to YMC Ch. 1.42 and YMC § 15.23.030, the Planning Commission has the authority to hold a public hearing and provide a recommendation to the City Council on a Rezone request. DOC. INDEX 4t, mP 111 269 5. Public Notice: In accordance with YMC § 15.11.080 and YMC § 16.05.010, notice was provided for this application as follows a. The subject property was posted with a land use action sign on June 11, 2024. b. A Notice of Application and Environmental Review was sent to the applicant, SEPA agencies, and adjoining property owners within 300 feet of the subject property on August 13, 2024. c. A Notice of Public Hearing and Determination of Nonsignificance (DNS) was sent to the applicant, SEPA agencies, and adjoining property owners within 300 feet of the subject property on August 29, 2024. No appeals were filed. d. A legal notice was provided in the Yakima Herald-Republic on August 29, 2024. B. Background and History In 2023, a Memorandum of Understanding (MOU) between the City of Yakima and Comprehensive Healthcare was approved by the Yakima City Council (R-2023-112) to facilitate a process to rezone property from SR to GC to allow the organization to place permanent mental health care facilities adjacent to Camp Hope that would specifically serve people staying at the existing Camp Hope Facility. This would be an accessory service to the already established housing community. The services offered by Comprehensive Healthcare would be exclusive to the people staying at Camp Hope and would not be open to the general public to access. One of the other steps required by the MOU was to facilitate a short plat exemption in order to rearrange various property lines to locate Comprehensive Healthcare and Camp Hope on their own parcels that would correspond with their lease agreements. The intention of the lot line adjustment is to delineate a specific area for the services to be located in coordination with the existing Camp Hope facility. This resulted in the proposed rezone area now containing four parcels instead of three, with different parcel numbers. The new parcel boundaries were recorded in August 2024. Those boundary changes did not alter the overall proposed rezone area. C. Current Zoning and Land Use 1. The rezone area is approximately 7.57 acres in size and is zoned Suburban Residential (SR). This area includes Camp Hope, Wastewater facilities, some vacant land, and a parcel that serves as a lease area for future development proposed by Comprehensive Healthcare. r' City of Yakima CPA#004-24, RZ#004-24, SEPA#007-24 D E X 2 _. ��. . 270 2. The surrounding properties contain uses and zoning as follows: Direction Zoning Future Land Use North GC Commercial Mixed-Use South SR Low Density Residential East GC Commercial Mixed-Use SR Low-Density Residential West GC Commercial Mixed-Use 3. Existing Infrastructure a. The property is accessed by E. Birch St. and E. Viola Ave., both of which are Local Access streets. b. The property is served by City of Yakima sewer and water. IV. FINDINGS: A. Comprehensive Plan Amendment Approval Criteria: The Yakima Comprehensive Plan 2040, Future Land Use Map designates this area as Low Density Residential. In accordance with the provisions of the Yakima Municipal Code, the following criteria must be considered in the review of any proposed amendment to the Yakima Comprehensive Plan. Pursuant to YMC § 16.10.040 (1), to alter the Future Land Use Map or other plan policy map, or effect a Comprehensive Plan Text Amendment, the proposed amendment must do one or more of the following: 1. Address circumstances that have changed since the last time the relevant Comprehensive Plan or text was considered: Staff Response: The intent is to create an area of GC zoning that would facilitate a future project to establish a future mental healthcare clinic that would be operated by Comprehensive Healthcare, which is part of a MOU adopted between the organization and the City of Yakima in 2023. The potential clinic facility would be processed administratively, outside of the Comprehensive Plan Amendment process. Since the area is within the Greenway Overlay, the land use review will undergo a Type 2 review, which requires a public comment period. Previously, in 2018, Land Use Petition Act (LUPA) Determination appeal was filed, stating a portion of the requested Comprehensive Plan Amendment and Rezone could not be completed that year for the following reason: "Without a site plan to consider, the proposed concurrent Rezone from Suburban Residential (SR) to General Commercial(GC) is not consistent with the Yakima Urban Area Zoning Ordinance and Yakima Comprehensive Plan 2040." There are some substantially different circumstances for the current application: LA City of Yakima °�` '° CPA#004-24, RZ#004-24, SEPA#007-24 D EX 3 4 .-_.,.pc,.. 271 • The applicant has requested an amendment to alter a site with an existing use, and existing site plan. The applicant will apply for the specific land use at a later date. • The applicant has taken the location of the Greenway into account, and the MOU with Comprehensive Healthcare places the units on the western property line, the furthest possible onsite area away from the Yakima Greenway, outside of the area initially described in the License Agreement with the Yakima Greenway. • The proposed area for rezone is adjacent existing General Commercial zoned property. 2. Better implement applicable Comprehensive Plan policies than the current relevant Comprehensive Plan map or text: Staff Response: The purpose of the Commercial Mixed Use future land use designation is to promote the greater integration of mixed uses that offer great development choices to property owners, increased housing options, strengthened commercial retail areas, and lively pedestrian-oriented development. This proposal implements the following goals and policies: Goal 2.1: Establish a development pattern consistent with the Community's Vision Policy 2.1.3: Review proposed Future Land Use designation changes for consistency with YMC Ch. 16.10 and the following criteria: • Does the proposal conform to locational criteria set forth for the desired designation? Yes, the site, after future expansion has occurred, will have access to a primary arterial corridor(SR-24), via S. 24th St., consistent with Policy 2.2.4.8. • Is the site physically suited for the proposed designation? Yes. The site is suitable for commercial development and is adjacent to other commercial uses. Utilities are available in the general area and will need to be extended to the site. • Is the desired zone one of the implementing zones of the land use designation? Yes, the proposed General Commercial(GC) zone is an implementing zone of the Commercial Mixed Use land use designation. • Is the proposal a spot zone or a similar change that may create instability with the surrounding neighborhood? No, the proposal is consistent with the Commercial Mixed Use area to the north and west. Policy 2.1.7:Allow new development only where adequate public services can be provided. Policy 2.1.10: Require properties to assume zoning consistent with the City's Future Land Use Plan, as adopted or amended where appropriate. Policy 2.2.4.B: Commercial Mixed Use location criteria—Existing and planned City of Yakima 0.0C. CPA#004-24, RZ#004-24, SEPA#007-24 r' 5 A 4 Pt- 272 commercial centers and primary arterial corridors. Goal 2.5: Arterial corridors and other mixed use centers. Enhance the character, function, and economic vitality of Yakima's arterial corridors and mixed-use centers. Policy 2.5.1: Allow for a mixture of compatible land uses along corridors and within mixed-use designation areas. 3. Correct an obvious map error: Staff Response: Not applicable. An obvious mapping error did not occur. 4. Address an identified deficiency in the Comprehensive Plan: Staff Response: The proposal does not address an identified deficiency in the plan, rather, as traditional residential uses are not anticipated to be developed on this Suburban Residential-zoned property, changing its future land use to Commercial Mixed-Use will allow more options for future development on the property. As citied in the comments received from the Yakima Greenway, the development of commercial space should be examined with great care. Changing the Comprehensive Plan designation and rezoning the area will encourage future conversations for development. Proposed Comprehensive Plan amendments shall be coordinated with, and take into consideration, the comprehensive plans adopted by Yakima County or cities with which the City of Yakima has, in part, common borders or related regional issues as may be required by RCW 36.70A.100: Staff Response: This proposal is consistent with RCW 36.70A.100. This application is part of the annual amendment cycle for the Yakima Comprehensive Plan which the City of Yakima coordinates with adjacent jurisdictions. Proposed CPAs must be consistent with the Growth Management Act (GMA), Ch. 36.70A RCW, and the Yakima County Wide Planning Policy (CWPP). The proposal is consistent with the GMA and the CWPP by encouraging growth in urban areas where public facilities and services exist (RCW 36.70A.020(1)). Cumulative impacts of all CPAs, including those approved since the original adoption of the Comprehensive Plan, shall be considered in the evaluation of any proposed amendments. Staff Response: The impact should be minimal because the property under consideration is intended for a specific purpose. The proposed Commercial Mixed- Use category will allow the concurrent rezone to GC, which is the needed zoning for an Offices and Clinics use at this location. There is already an existing use on the site, and the potential services on the site would be an accessory use to the existing housing facility. The existing site would not be expanded as a result of this CPA and Rezone. F.a � ere City of Yakima CPA#004-24, RZ#004-24, SEPA#007-24 ` 5 273 B. Rezone Approval Criteria: In accordance with the provisions of YMC § 15.23.030 (D) (1-7), recommendations to approve or deny proposed rezones shall include the following consideration: 1. The testimony at the public hearing: A Notice of Application was mailed to SEPA agencies and all property owners within 300 feet of the subject properties on August 13, 2024, wherein the public was invited to submit written comments on the SEPA application. Notice of the public hearing was sent on August 29, 2024, wherein the public was invited to submit written and/or oral comments at the public hearing on this proposed rezone. Three comments were received. Any testimony at the hearing can be considered by the Planning Commission. 2. The suitability of the property in question for uses permitted under the proposed zoning: The subject property is suitable for uses permitted in the GC zoning district. Properties directly to the west of the site are zoned GC. 3. The recommendation from interested agencies and departments: No agencies or departments have registered any opposition to this rezone. 4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of this title: The proposed GC zoning district is an implementing zone of the Comprehensive Plan 2040 designation of Commercial Mixed-Use and is compatible with several goals and policies and indicated in section IV (A) of this report. 5. The adequacy of public facilities, such as roads, sewer, water and other required public services: This property is able to be served by all public utilities necessary to support future development. 6. The compatibility of the proposed zone change and associated uses with neighboring land uses: The proposed rezone is compatible with existing neighboring land uses. The majority of adjacent uses are owned by the City of Yakima and are encumbered by the 100-year floodplain. The 1995 Greenway Master Plan update establishes this area as the Northwest Section of the Riverside Conservation Area, the purpose of which is for "commercial development and wastewater treatment plant." The comments for this area in the plan state: "Encourage future commercial development to adhere to Greenway design standards. Existing commercial development and Wastewater Treatment Plant should be screened from 1-82 and Jewett Pathway with additional plantings." DOG City of Yakima CPA#004-24, RZ#004-24, SEPA#007-24 111 E X �_ 6 ...,_.!S.-.L---- 274 7. The public need for the proposed change: The public need for this proposed change is to provide land for a potential future clinic use that will serve people staying at Camp Hope. The clinic facility will be an accessory use and be used specifically for the residents of Camp Hope. Locating mental health services on the site enables service providers to meet them on location and more effectively address mental health issues. According to the American Psychological Association, one of the primary challenges facing mental healthcare is the lack of access to mental health services. Many people report unmet needs due to factors like insufficient facilities, long wait times, and high costs. Comprehensive Healthcare and the City of Yakima are attempting bridge this gap by meeting people, using existing services, on site. C. Development Services Team (DST) Review A DST meeting was not held to discuss this rezone, and the following comments were received: 1. Water/Irrigation a. The following are general comments: i. There's an existing looped 12-inch public waterline in S. 22nd St. There's an existing two-inch water services and 1 %-inch meter to the site off of S. 22nd St. ii. There is no existing waterline in S. 24th St. iii. There are two existing fire hydrants in S. 22nd St. iv. Maximum available flow from the looped six-inch waterline is 1,600 gpm. v. All new fire hydrants or fire sprinkler service requirements to be determined by Codes and the Fire Department. vi. The site is not within the City of Yakima's irrigation service area. D. Public Comments The following comments from the public were received, with staff responses. 1. Yakima Greenway Foundation The Yakima Greenway Foundation has reviewed the application materials associated with the proposed "Non-Project Rezone and Comprehensive Plan Amendment." The YGF is familiar with the subject parcels as the subject parcels lie within the Washington State Yakima River Conservation area (Greenway Overlay). This area was selected in 1977 by the Washington State Legislature as part of a uniquely valuable recreation, conservation, and scenic resource in the State of Washington. RCW 79A.05.750. With the intention to develop recreational areas and their related facilities and to preserve, as much as possible, the river wetlands in their natural state. The City of Yakima CPA#004-24, RZ#004-24, SEPA#007-24 ':;a ' :v. 7 _.,... 275 Yakima Greenway Master Plan was updated in 1995 and was adopted by reference as part of the Yakima Urban Area Comprehensive Plan. According to the 1995 Update commercial development in the area of the subject parcels must be placed in the Greenway with a great deal of planning and consideration for the needs of the Greenway. For this reason, commercial development has been encouraged only in areas already zoned commercial and rezoning additional land to commercial is strongly discouraged. It was with these considerations in mind that the City of Yakima and YGF carefully crafted a Land Use Agreement for properties within the Greenway Overlay which was recorded December 19, 2019 under AFN 8038153 (a copy of which is attached). It does not appear as though the applicant was aware of this Agreement in the formulation of its CPA, RZ or SEPA applications and checklist. Significant time and effort went into the Agreement's formulation. Before significant land use changes are made to pave the way for a permanent mental healthcare facility the conditions of the Agreement must be factored in[.] Staff Response: The land use agreement was the result of a negotiated settlement between the City of Yakima and the Yakima Greenway Foundation (R-2019-099) following the 2018 rezone of what was then three parcels located in the vicinity of SR 24 and S. 24th St. This was followed by a lot line adjustment in 2020 that resulted in one parcel that corresponds with that legal description (191329-41411). The parcels being considered for this rezone are not part of that land use agreement. After performing a review of the application, the YGF is concerned about a commercial rezone of the subject parcels and its impact on the Yakima Greenway as commercial use is inconsistent with the Washington State Yakima River Conservation Area. It is concerning to the Yakima Greenway that a "Non-Project"rezone does not honor "a great deal of planning and consideration for the needs of the Greenway." The narrative section of the Comprehensive Plan Amendment application section 4 states "As traditional residential uses are not anticipated to be developed on this Suburban Residential-zoned property, changing its future land use to Commercial Mixed-Use will allow more options for future development of the property. The YGF is not aware of any cooperative planning that has taken place to ensure this future commercial use is beneficial to a state designated conservation area and is concerned that while the application states that this rezone will have no risk of environmental health hazards, there is a great risk of additional hazard waste spill and trash into the Yakima River as services and population grow in and around Camp Hope as well as the continued and increased risk of fire. The Yakima River has seen an increase in degradation due to human caused fires, illegal camping, litter, and drug paraphernalia. Additional Commercial property within this area will only increase the rate of DO . City of Yakima F � CPA#004-24, RZ#004-24, SEPA#007-24 ,E:�7�;: . 8 _ '..�..� 276 this damage to the river and riparian areas. Increased commercial and urban pressure continues to be detrimental to the Yakima River and the efforts to further preserve and protect the Yakima River and surrounding sensitive natural areas, we must reduce our impact to this ecosystem rather than continue to add to it. The application provided to the YGF has been provided as a Non-Project Application. However, through the City of Yakima and Comprehensive Healthcare a project has been identified for the parcels noted in application. Per the application the City of Yakima has already entered into a MOU with Comprehensive Healthcare to operate a permanent mental health services clinic. Staff Response: This is a non-project rezone as the MOU separated the rezone from the land use review process for the intended use: "In the event the property is successfully rezoned, Comprehensive will need to submit an application for its new facility to the City for approval, prior to using it for any use other than those allowed under RCW 35.21.915." No land use application has been submitted, nor has the Planning Division approved any use at this site. If the rezone is approved, Comprehensive will be required to submit a Type (2) Review application, which includes a 14-day public comment period. In previous land use agreements between the YGF and City of Yakima conditional uses were permitted as "Establishments providing nursing, dietary and other personal services to convalescents, invalids, or aged persons but not mental cases or cases for contagious or communicable diseases which area customarily treated in sanitariums or hospitals." Staff Response: This is the definition listed in the zoning ordinance for "Convalescent and Nursing Homes." The resolution that approved the MOU specifically referred to Comprehensive's proposal as being for medical clinics, which per the zoning ordinance is categorized as "Offices and Clinics." Even if the proposed rezone area was subject to the land use agreement, Offices and Clinics is not a prohibited use listed in that agreement. 2. RWC Group RWC International is a commercial truck and bus dealership and lease and rental company with eight locations in the Pacific Northwest, including Yakima. We employ 256 employees in the PNW and specifically 29 in Yakima. Our Yakima business is located at 1509 S. 22nd Street, Yakima and is owned by Asah, LLC which is our real estate holding company. Our property is adjacent to Camp Hope. We are heavily invested in the PNW and continue to increase our investment each month. We received your notification dated August 13, 2024, advising us of the intent City of Yakima Ea' "¢ D. CPA#004-24, RZ#004-24, SEPA#007-24 I N °::/JX\\\ 9 ...-...:....L.....�V _.. 277 to change the zoning on property that is adjacent to Camp Hope and install container buildings to act as mental health clinics. We strongly object to this zoning change and the opening of mental health clinics. Our employees and customers already feel endangered from the gathering of homeless people that congregate in the area and at that exit. This is detrimental to our business operations and devalues our property. The area has no sidewalks and is not designed for pedestrians. The introduction of more pedestrians in this area will also contribute to making it more dangerous for both the pedestrians and the vehicles. The area in general is a commercial business area and not conducive to pedestrians. Combining large, commercial trucks with mental health patients is not a good arrangement. Staff Response: If the rezone is approved, Comprehensive Healthcare will be required to submit a Type (2) Review, which includes a public notice sent to property owners within 300 feet of the subject property, which will provide opportunity for public comments during review of the actual medical clinic. 3. Washington State Department of Transportation The subject property is adjacent to State Route 24 (SR 24), a limited access highway with a posted speed limit of 35 miles per hour. WSDOT has acquired all access rights to the highway and along South 24th Street a distance of approximately 318 feet southerly of the highway centerline. Direct access to SR 24 or within the limits of our access control boundary is prohibited. We are not opposed to the proposed rezone and look forward to working with the City in response to future development proposals on the subject property. As developments are proposed, they will be subject to review for their impacts to the WSDOT system. Impacts that are determined to be significant will require mitigation and it is anticipated that all costs will be borne by the developer(s). Of particular concern to WSDOT are multi-modal impacts to the SR 24, retention and treatment of stormwater, outdoor lighting, noise sensitivity, fencing, and signage. Staff Response: Land use review will be required for any future development proposed to take place on this property, which may or may not require additional agency review. V. CONCLUSIONS A. The Planning Commission has jurisdiction to issue a recommendation on this Comprehensive Plan Amendment and Rezone application to the City Council. B. The proposed Comprehensive Plan Amendment and Rezone is consistent with the goals and policies of Yakima Comprehensive Plan 2040. �To City of Yakima INDEX CPA#004-24, RZ#004-24, SEPA#007-24 10 278 C. SEPA review resulted in the issuance of a DNS on August 29, 2024. The appeal period for this determination ended on September 12, 2024. No appeal was filed. D. No adverse impacts have been identified from granting this approval that cannot be mitigated at the time of future development. E. Public notice for this hearing was provided in accordance with zoning ordinance requirements. Three comments were received. F. Pursuant to the Memorandum of Understanding (R-2023-112), if the rezone is not approved, the City will not appeal the decision. VI. RECOMMENDATION The Community Development Department recommends approval of this Comprehensive Plan Amendment request from Low Density Residential to Commercial Mixed-Use in order to accommodate this Rezone request from Suburban Residential (SR) to General Commercial (GC). 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N U . o .o' -- - .E - - E p C u d E N to Z o ,_ o Ate- L c c ul 0 0 v (13 _c 4' ro ,y '�i P`^a c -0 0 6 bar- 0a •O -00 U _7 n Y'>J ti.. ;m'A,, ru cu E o --Z—,---'9"..._. 283 Project Name: CITY OF YAKIMA it N••■m� //I■ l\\\ Site Address: 2300 E BIRCH ST AIM ,1® Planning File Number(s): CPA#004-24, RZ#004-24, SEPA#007-24 Proposal: Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR) to General Commercial (GC) to allow the operation of mental health services clinics adjacent to Camp Hope. ó VICINITY MAP X \I\1\1 )1 -.--,-..,,....„.„.„.....„:‘, iai;iirl r. ,L �~� Wu mane . Soc le ty S\ 1 Ebhfob1Hill1BfvdI - T 7 ipj \, I � I I_I-kaul r,� I i //1//\ i�bile Fleet SITE Sen. ) , Yt 3 rL U.1 • INDE^X ov Map Disclaimer: Information shown on this map is for planning and illustration purposes only.The City of .# 'Fy Yakima assumes no liability for any errors,omissions, or inaccuracies in the information provided or for any IFaction taken, or action not taken by the user in reliance upon any maps or information provided herein. Date Created: 5/7/2024 ..� 284 CITY OF YAKIMA CPA#004-24, RZ#004-24, SEPA#007-24 EXHIBIT LIST CHAPTER C Site Plan DOC DOCUMENT DATE INDEX# C-1 Site Plans 04/30/2024 285 11 , , it. r T N dO E t' k I9. ca ' f ; E "u � . , \ .•M w. CD N— 3. W m X � E � f 1 4Lr Y Lc-) r ,, C G 0 o a3 )1411t14.'14,..)st\::,...t.\\\ ,3 . ,,V41 , *116% •U �R �f i r1 r • co — co E n ' 4 *L-. 11*'N. 0 + ! !j f .r - _ At• - L C.) '''‘I" : : ////,\N... _ Nkii,0111:V. - it E co O E m U /C if 44 ai c a W I.. O rIr �1� f ‘1,-'. - . 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J 3ytg ' ,,__ o 0.-A e 287 CITY OF YAKIMA CPA#004-24, RZ#004-24, SEPA#007-24 EXHIBIT LIST CHAPTER D Applications DOC DOCUMENT DATE INDEX# D-1 Comprehensive Plan Amendment Application 04/30/2024 D-2 Rezone Application 04/30/2024 D-3 SEPA Application & Checklist 04/30/2024 D-4 Resolution Authorizing A Memorandum of Understanding 04/30/2024 288 t ...r.,..,,,,...„,;,z.,7,, ,,,,t. „, ,,,,, ,,, Airlibh1 % 1 r' • r:, v-, . • ,, ,,,„_,,,,.„,,_/ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3. For Meeting of:August 22, 2023 ITEM TITLE: Resolution authorizing a Memorandum of Understanding regarding mental health services at Camp Hope temporary emergency homeless encampment SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: Comprehensive Healthcare received grant funds to provide mental health services through a mental health clinic at Camp Hope. Since the property is zoned suburban residential, a mental health clinic is currently not an allowed use. This Memorandum of Understanding outlines the roles of the parties moving forward to apply for the rezone of the property, and interim aspects of the project. Ultimately, in the event all actions are successful, the City would lease a parcel of property to Comprehensive Healthcare to be used as a mental health clinic for the adjacent temporary emergency homeless encampment, similar to how it is leasing property to Grace City Outreach for Camp Hope. ITEM BUDGETED: STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type ❑ Res-CHC GCO MOU 8/18/2023 Resdution © MOU-City&Grace City Outreach&Comprehensi 8/18/2023 Contract Healthcare ❑ Lease Agrmt-City&Grace City Outreach 8/18/2023 Contract ❑ LeaseAgmnt-City&Connprehenshe Healthcare 8/18/2023 Contract DV 1 ri DEX 111111 289 RESOLUTION NO. R-2023-112 A RESOLUTION authorizing a Memorandum of Understanding regarding mental health services at Camp Hope Temporary Emergency Homeless Encampment. WHEREAS, the City of Yakima (City) owns property which is currently being leased by Grace City Outreach and operated as a temporary emergency homeless encampment under RCW 35.21.915, commonly referred to as Camp Hope; and WHEREAS, Comprehensive Healthcare (CHC) received a grant from the Washington State Department of Commerce to purchase and install a number of container buildings to facilitate mental health services, and it would like to do so adjacent to Camp Hope; and WHEREAS, the property upon which Camp Hope is operated is zoned suburban residential (SR) and does not allow for uses such as medical clinics, so CHC's desired use of the property does not meet the current zoning code requirements; and WHEREAS, CHC is required to provide information to the Department of Commerce indicating that the project is moving forward; and WHEREAS, due to zoning of the property, to create a parcel for CHC to lease from the City, and otherwise facilitate the necessary property changes to allow for a medical clinic adjacent to Camp Hope, the parties agree to a memorandum of understanding as to each of their roles over the next approximately 18 months to facilitate CHC's project; and WHEREAS, it is advantageous to all parties to enter into the Memorandum of Understanding to continue the partnership among the parties in providing services to people experiencing homelessness; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City and its residents to approve the Memorandum of Understanding regarding mental health services at Camp Hope temporary emergency homeless encampment with CHC and Grace City Outreach; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Memorandum of Understanding regarding mental health services at Camp Hope temporary emergency homeless encampment with Comprehensive Healthcare and Grace City Outreach, after those parties have executed the Memorandum of Understanding, to outline the roles of each party for the next approximately 18 months regarding Comprehensive Healthcare's project. ADOPTED BY THE CITY COUNCIL this 22nd day of August, 2023. Janice'Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk . RECEIVFn tg „ APR S. 04024 INDEX t;ii v OF YAr1/41,14,' PLANNIN .DI° . 290 MEMORANDUM OF UNDERSTANDING MENTAL HEALTH SERVICES AT CAMP HOPE TEMPORARY EMERGENCY HOMELESS ENCAMPMENT COME NOW the parties: the CITY OF YAKIMA, a municipal corporation; GRACE CITY OUTREACH, a religious organization operating the temporary emergency homeless encampment in Yakima known generally as Camp Hope; and COMPREHENSIVE HEALTHCARE, a Washington state non-profit organization, and agree to this Memorandum of Understanding outlining the anticipated activities of each entity associated with the Comprehensive Healthcare proposal to create clinic and rehabilitation space at Camp Hope. 1. RECITALS WHEREAS, Comprehensive Healthcare received a One Million Dollar ($1,000,000 00) grant from the Washington State Department of Commerce, for purchasing and placing modular container units to provide clinical and other services to vulnerable populations; and WHEREAS, Grace City Outreach operates Camp Hope, a temporary emergency encampment authorized to operate at its currently location pursuant to RCW 35 21.915; and WHEREAS, the City of Yakima is the owner of the property upon which Camp Hope operates, leases said land to Grace City Outreach, and is willing to lease its land to Comprehensive Healthcare if the conditions outlined in this Memorandum of Understanding are met; and WHEREAS, Comprehensive Healthcare and Grace City Outreach have tentatively agreed that a Comprehensive Healthcare facility on or adjacent to the Camp Hope site would be beneficial to the clients of Grace City Outreach. 2. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") outlines the anticipated partnership between Comprehensive Healthcare("Comprehensive") and Grace City Outreach ("Grace City")to provide service to vulnerable populations taking advantage of the temporary homeless encampment, as well as the timelines and anticipated lease provisions associated with Comprehensive's lease of real property from the City of Yakima ("City") for the purposes outlined herein A. Background Comprehensive received a grant from the Washington State Department of Commerce to construct a facility to provide mental health services in a clinical setting to people experiencing homelessness and other vulnerable populations Comprehensive and Grace City agree that it would be beneficial to the people utilizing Camp Hope, and other vulnerable populations in the area, to have a place where they can receive treatment for substance abuse, mental health matters, and other similar matters within a secure and appropriate environment. To that end. Comprehensive suggested the use of containers, designed to connect and form a temporary building that could house those services and be placed on or adjacent to Camp Hope DOG INDEX 3 0 2024 t r ;,L S NNING O tV' 291 4 The City is the owner of real property upon which Camp Hope currently is located. The property is zoned Suburban Residential. Since Camp Hope is operated by a religious organization, it is currently exempt from zoning requirements pursuant to RCW 35.21 915. Comprehensive's clinic is not an allowed use in the Suburban Residential zoning district per the Yakima Municipal Code, and would require a rezone, along with appropriate permits, to operate on the property B. Grace City's Role and Responsibilities 1. Grace City agrees to sublease a portion of the Camp Hope property to Comprehensive through June 30, 2024, and allow Comprehensive to install its facility according to an agreed upon site and installation plan. The initial plan is attached hereto as Exhibit 1 and has been approved by Grace City and the City as part of this MOU 2. Grace City agrees to obtain City approval of the final sublease agreement prior to its signature by both parties, as required by the current lease between the City and Grace City. The sublease is required to incorporate all the terms and conditions of the current lease agreement. 3. Grace City acknowledges its desire to continue operating Camp Hope past the current lease agreement's term and will negotiate in good faith a new lease agreement for Camp Hope. An anticipated Lease, with a beginning date of July 1, 2024, is attached hereto as Exhibit 2. This lease includes the anticipated language for a Lease when the current Lease expires on June 30, 2024, subject to changes deemed necessary or appropriate, and agreed upon by both parties. Entering into this MOU does not guarantee or bind the parties into entering into a Lease agreement if mutually agreeable terms cannot be reached. C. Comprehensive's Responsibilities 1. Comprehensive agrees to place and install its facility in the agreed upon subleased location at Camp Hope. 2. Comprehensive agrees that it is responsible for all costs associated with placement and installation of the facility, including, but not limited to, the location of utility connections and all permit fees and costs. 3. Comprehensive agrees to obtain all necessary permits for the placement and installation of the facility. This includes, but is not limited to, permits for connection to City utilities. 4. Comprehensive agrees to pay for the required survey of the subject property and, except as otherwise provided in Section D.2 below, any other costs required to facilitate the City's application to rezone the subject property and create a parcel to individually lease to Comprehensive after the June 30, 2024, termination of its sublease with Grace City 5. An anticipated Lease, with a beginning date of July 1, 2024, is attached hereto as Exhibit 3. This lease includes the anticipated language for a Lease when the current Lease with Grace City expires on June 30, 2024, subject to changes deemed necessary or appropriate, and agreed upon by both parties Entering into this MOU does not guarantee or bind the parties into entering into a Lease agreement if mutually agreeable terms cannot be reached. D. City's Responsibilities 1. City will work with Grace City and Comprehensive to determine an appropriate location for the Comprehensive facility which complies with the City's zoning code and DOC. .1ECEIVr INDEX it APR 3 0 2024 CITY OF y ,.;A PLANNii.L;;J V 292 5 municipal ordinances. City shall have the sole discretion in choosing the size, location, and other features of the lot(s) that will be created. 2. City will apply to rezone the subject property on which Camp Hope currently operates from Suburban Residential to General Commercial. City may include in its rezone application other properties as it deems appropriate in its sole discretion and its sole additional cost and expense. For clarity, the City will pay any additional costs and expenses for its rezone application for any other properties other than the subject property. It is understood by all parties that the rezone application may not be approved and if the application is not approved, the City will not appeal the decision. 3. City will negotiate in good faith a new lease agreement with Grace City prior to the termination of the current lease agreement(which ends June 30, 2024). E. The Rezone and Development Permit Process The parties acknowledge the following process and anticipated timeline associated therewith. The parties understand that the process could take more or less time depending on scheduling, staffing, and other factors There are three general parts of the process that will need to be undertaken to provide appropriate zoning and to permit the proposed Comprehensive facility. The first step is to amend the City's Comprehensive Plan and Zoning Code through a Comprehensive Plan amendment and rezone. The property's future land use must be changed from low density residential to commercial mixed use. The property needs to be rezoned from suburban residential to general commercial. As such, the City will apply for a Comprehensive Plan Amendment (CPA), a Rezone (RZ), and conduct the required environmental review through SEPA. The steps and timeline of those actions are as follows: 1. Council/Planning Commission opens the submittal period for CPAs in Jan/Feb 2024 2. Applications for the CPA & RZ, which can be processed concurrently, are due by the end of April 2024 Per city code and GMA, official processing of the applications such as sending public notice cannot occur until after the submittal period 3. Submitted applications are docketed at the first YPC meeting in May 2024 4. Completeness review takes place 5 Notice of application and environmental review May/June 2024 6. Issuance of SEPA determination and scheduling of YPC hearing July/Aug 2024 7. City Council hearing Sep/Oct 2024 8. Ordinance becomes effective 30-days after publishing —Oct/Nov 2024 F Creation of parcels to accommodate Comprehensive and Grace City with their own Leases from the City If the CPA and RZ are approved and finalized, the next step will be to formally complete a boundary line adjustment to create separate parcels. The City may, at its sole discretion, choose to do this during the pendency of the rezone and CPA, or before submitting such application. Regardless of when the boundary line adjustment is pursued, the parties agree and acknowledge the following: atHCFIv!n l N°N E PLANNIL 293 6 1. A survey of the property will be necessary to determine the new parcel lines and legal descriptions Per this MOU, Comprehensive shall be responsible for the costs of such survey 2. The City does not have any control over the timing of the survey as a third-party surveyor will need to be hired to conduct the work. 3. The City will submit an application for a boundary line adjustment, or similar process if necessary. Boundary Line Adjustments generally take 2-3 weeks to process G. While the Rezone is Pendinq From the date of this MOU and through the pending rezone process, in conjunction with any lease amendment entered into between the City and Grace City, Comprehensive may place and install its facility at an agreed upon location at Camp Hope. The facility may be placed and installed, but clinical activities, and activities that fall outside of RCW 35.21.915 shall not occur within the facility until the rezone process is over and Comprehensive has obtained all necessary permits to operate a clinic on-site In the event the City finds that during the pending rezone Comprehensive is operating a clinic without the necessary permits and in violation of the zoning code, it is cause for revocation of this MOU and discontinuance of the rezone process. , H Post Rezone Procedure If the rezone is approved, the parties acknowledge that the following process and anticipated timeline therewith must be followed before the facility can be used as a clinic or for any other uses outside those allowed in RCW 35.21.915. In the event the property is successfully rezoned, Comprehensive will need to submit an application for its new facility to the City for approval, prior to using it for any use other than those allowed under RCW 35.21.915. Office and clinic uses are a Class (1) use in the GC zone. Applications are required to go through a Type (1) review, which is a review by the Administrative Officer. Such reviews generally take 2-3 weeks before decision after the application has been determined to be complete. In addition, the City and Comprehensive will need to finalize a Lease for the property. In the event a Lease cannot be finalized and signed by both parties within 60 days of the rezone and boundary line adjustment, this MOU is terminated and the City has no further obligation to Comprehensive under this MOU. I. Nonbinding This MOU does not bind the City into leasing any property on terms and conditions that are not satisfactory to it, in its sole discretion. In the event the rezone is not approved, the City is under no obligation to further work with the parties to accomplish this project. J. Term and Termination 1. Term. The term of this MOU shall be through December 31, 2024, unless terminated prior pursuant to this MOU. 2. Termination. 4�� k DO 102 INDEx rY o <<s PLAN".%!F.J UV. 294 a. This MOU shall be terminated immediately if the rezone is not approved or is not finalized b. This MOU may be terminated by any party, for convenience, upon thirty (30) days prior written notice Any individual party's termination of this MOU results in termination of the MOU as a whole as applied to all parties. K. No Wavier of Public Review or Process. Nothing in this MOU or subsequent agreements creates any obligation on the part of the City with regards to issuance of permits, zoning approval, SEPA outcomes or City permitting or planning determinations regarding the proposed project. The City makes no representations as to issuance of any permit or decision associated with the project. This MOU does not bind members of the City Council to a specific vote on any project-related matter that comes before it. Comprehensive and Grace City acknowledge that the actions required to fulfill the terms agreed upon herein may be subject to public review, including votes by the City Council. It is mutually understood that this MOU does not eliminate these public processes, nor does it legally bind members of the City Council to vote in a particular way on a given item. Comprehensive and Grace City further acknowledge that this agreement does not constitute an irrevocable commitment on the part of the City to approve the project described and does not foreclose the City from considering alternatives to the project or mitigation measures identified as part of the development review process or environmental review process. L Limitation on Assignment. Comprehensive and Grace City acknowledge that the City's consent to enter into this MOU is based on the prior experience and qualifications of Comprehensive Therefore, no rights under this MOU shall be assigned, sold, or otherwise transferred without the prior written approval of the City in its sole and absolute discretion. M Limitation of Remedies Comprehensive and Grace City are limited to the following exclusive rights and remedies upon any breach or default of the City of this MOU: termination of the MOU The City shall not be responsible for any other monetary damages or other remedies not expressly contemplated herein Comprehensive and Grace City acknowledge that there is a risk that, subsequent to the execution of this MOU, it will discover, incur or suffer loss, damages or injuries in connection with this MOU which are unknown or unanticipated at the time that it is executed. Comprehensive and Grace City hereby assume this risk and understand that the limitations on remedies set forth herein shall apply to all unknown and unanticipated losses, damages, or injuries related to the matters released herein, as well as those known and anticipated. Comprehensive and Grace City hereby agree to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities and losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this MOU or the acts, failures to act, errors or omissions of Comprehensive, Grace City, or any of their respective agents or D C. APR 3 0 107.4 CITY OF `Yit, 295 8 subcontractors, in performance of this MOU, except for claims caused by the City's sole negligence. N Notices Any notice, request or other communication to be provided by either party shall be in writing and sent via first class mail, certified, postage prepaid, return receipt requested, or by personal delivery, to the addresses listed below O. Modification This MOU may be modified only by written agreement of both parties Any such modifications are subject to all applicable approval processes required by, without limitation, the City's Charter and laws P. Construction This document shall be construed as if all of the parties have jointly prepared it. As a result, any rule of construction that a document is to be construed against the drafting party shall not be applicable. Q. Complete Agreement This MOU contains the entire understanding and agreement between the parties hereto with respect to the matters referred to herein. No other representations, covenants, undertakings, or prior or contemporaneous agreements, oral or written, regarding such matters which are not contained, referenced, and/or incorporated into this MOU by reference shall be deemed in any way, to exist or bind any of the parties. R. Inspection, Production and Retention of Records 1. The records relating to this MOU shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Comprehensive or Grace City of responsibility for performance of the activities contemplated in this MOU in accordance with this MOU, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Comprehensive and Grace City shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Comprehensive's and Grace City's records relating to this MOU and activities each party is required to undertake, will be provided to the City upon the City's request. 2. Comprehensive and Grace City shall promptly furnish the City with such information and records which are related to this MOU as may be requested by the City. Until the expiration of six (6) years after termination of this MOU, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Comprehensive and Grace City shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of their books, documents, papers and records which are related to this MOU If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. DOCL II DEX APR ' t1)1/i CITY PLAL:. ' 296 9 3. All records relating to this MOU must be made available to the City. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to this MOU must be retained by Comprehensive and Grace City for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. 4. The terms of this section shall survive any expiration or termination of this MOU. S. Indemnification. 1. Comprehensive and Grace City agree to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this MOU or the acts, failures to act, errors or omissions of the Comprehensive, Grace City, or any of their respective agent(s) or subcontractor(s), in performance of this MOU, except for claims caused by the City's sole negligence. 2. Industrial Insurance Act Waiver. It is specifically and expressly understood that Comprehensive and Grace City waive any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Comprehensive's and Grace City's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Comprehensive and Grace City shall require that its subcontractors, and anyone directly or indirectly employed or hired by either of them, and anyone for whose acts they may be liable in connection with its performance of this MOU, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. 4. Nothing contained in this Section or this MOU shall be construed to create a liability or a right of indemnification in any third party. 5. The terms of this Section shall survive any expiration or termination of this MOU. Dated this day of August, 2023. CITY OF YAKIMA COMPREHENSIVE HEALTH CARE ald tti By: Bob Harrison, City Manager Jodi aily, CEO 129 North 2°" Street Yakima, WA 98901 (509) 575-6000 Bob.harrisonpyakimawa dov �'� .t, (`,,r,�n�t,n Cx SEC 17E-p � j o CITY CONTRACT N -y�-y�,,.-� � `•`•�{t/�"ry �," APR )(� RESOLUTION NO:, "[7de Ar.`{-_ !'..va`.` C, iJ 0 L.V ��• �► ' GiTy ( . ,.,i�Isy; PIA-L.. •.3 DV. 297 10 GRACE CITY OUTREACH Mike Kay, S. O. I-560 F. BIEL* Youth/J.1w+. e...1414•1)0161GlifAtt-hm,t-cov\ APR 3 c 207., DOC. Lfiry INDrX ) 298 11 LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA AND GRACE CITY OUTREACH THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and Grace City Outreach, a Washington State non-profit corporation with IRS 501(c)(3) status and a religious organization pursuant to RCW 35.21.915 (hereinafter"LESSEE".) WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE desires to occupy and use such property in accordance with this Lease and RCW 35 21.915, NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree as follows: 1. LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE does hereby lease and take from LESSOR, that unimproved property described below (hereinafter referred to as "Property"or"leased premises") and as depicted on the drawing marked as Exhibit 1, attached hereto and by this reference made a part hereof: [To Be Determined by Survey] PURSUANT to negotiations, it is understood by LESSOR that LESSEE intends to use the Property as a temporary homeless encampment pursuant to RCW 35.21.915, as amended, and ESHB 1754. LESSEE acknowledges and understands that the property has limited water and sewer connection access and electrical services as of the date of this Lease. LESSEE takes all services and utilities"as is, where is"and has an opportunity to inspect the Property and make itself aware of utility locations LESSEE acknowledges that it is a religious organization pursuant to the term as used in RCW 35.21.915. 2. TERM AND RENEWAL. The tenancy created by this Lease shall commence on July 1, 2024, and continue for a period of approximately two years until June 30, 2026, unless otherwise terminated as provided for herein This Lease may be renewed by the LESSEE by providing notice of intent to renew no less than thirty (30) days before the end of the term for six (6) additional two-year terms. The last date under this Lease, if all additional terms are exercised, will be June 30, 2038. 3. RENT. In consideration for LESSEE's agreement to the terms and conditions of this Lease, and that LESSEE shall use the property to operate a temporary homeless encampment for homeless individuals, providing a safe, more secure area for homeless individuals to camp, and providing necessary sanitary, safety and hygiene related services and aid to persons experiencing homeless while they search for transitional or other housing, no rent shall be required as part of this Lease. 4. TAXES AND LIENS. LESSEE promises and agrees to pay, as the same become due and payable, all licenses, fees and taxes, including but not limited to the leasehold excise. 1 -71Sy7 A ?02'7 lLi �,ifY t . ur1 12 required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use and occupancy of the leased premises and by reason of LESSEE's construction or ownership of improvements to the leased premises. LESSEE shall neither suffer nor permit the attachment of any lien or other encumbrance on the leased premises by reason of LESSEE's occupancy thereof LESSEE agrees to indemnify LESSOR and shall hold LESSOR harmless from any such taxes and liens. 5. USE. (a) Age Restrictions. Unaccompanied persons under the age of 18 are prohibited at the homeless encampment. Persons under the age of 18 must be accompanied by a parent or legal guardian and that family unit shall be encouraged to take advantage of services through other entities. LESSEE shall connect the family unit to other service providers to attempt to find alternate accommodations. If there is no other option for the family with children, such family with children may stay at the homeless encampment until such alternate accommodations are available, if there is an approved area for families. Approved areas for families must be physically separated from the general encampment by a site screened fence and gate that is guarded 24 hours per day by a staff person that is not a resident. Approved areas must have their own bathroom and handwashing facilities, as well as their own community areas for relaxing, eating and/or recreation The City in its sole discretion shall approve an area for families prior to its use as such (b) General Use. LESSEE agrees to use the leased premises solely for operating and facilitating a temporary encampment for homeless persons, and associated services relating to health, sanitation, safety and hygiene. Attached as Exhibit 2, subject to the terms outlined in this lease agreement and fully incorporated herein, is an operations plan and summary of the services and activities that are expected to be offered at the temporary homeless encampment, subject to the terms outlined in this lease agreement. No persons shall occupy the property and use it as a temporary encampment or otherwise stay overnight, camp or otherwise occupy the Property in a temporary residential capacity during any time period outside this lease agreement or in violation of this Lease agreement, the operation plan, or any federal, state or local law. (c) Additional facilities onsite. LESSEE, with express written permission of LESSOR, through its City Manager, or their designee, may construct on-site facilities such as community buildings for dining or other allowed activities, or other similar improvements and facilities upon receiving ail necessary permits pursuant to the Yakima Municipal Code and federal, state, and local law. Any such facilities should be able to be used in each of the various seasons typical in Yakima. Facilities other than temporary bathroom, shower, kitchen and/or laundry facilities, shall not be connected to underground utilities, such as water and sewer. No residential/living facilities shall be connected to underground utilities. No facilities at the encampment shall be affixed to the ground permanently. (d) Tiny homes. LESSEE may place approved tiny homes, such as pallet shelters or other similar shelters on the property. Tiny homes should be approximately 100 square feet per unit and no more than 400 square feet per structure. Tiny homes and tiny home structures shall not be permanently attached to the ground, other than any 2 DOCa AP{:? ?UN INDEX * CDT 300 13 necessary tie-downs required by the building code inspector which shall be approved prior to placement. Tiny homes shall not be connected to underground utilities. Tiny homes may be placed as outlined in a pre-approved site plan and shall be pre- approved by LESSOR to ensure correct fire rated separation and other fire and life safety matters For purposes of this section, a tiny home unit is the individual living unit A tiny home structure is the structure housing one or more individual living units. (e) RV parking. LESSEE may provide RV parking for temporary living use for no more than ten (10) recreational vehicles along the East side of the site. These vehicles may be connected to power, at LESSEE's expense, but shall not be directly connected to water and sewer in any capacity. (f) Organized Religious Activities. No homeless services provided by LESSEE or any of LESSEE's subcontractors, partner agencies, or other agencies or groups allowed to provide services at the temporary encampment shall be denied due to a person's religious affiliation or lack thereof. LESSEE is hereby prohibited from conducting, or allowing any other organizations to enter the encampment to conduct prayer and/or other religious activities in locations and at times where the encampment's occupants' only way to avoid them is to leave a common area or the encampment. This includes any community or dining tents. 6. UTILITIES. LESSEE accepts all utility facilities as now existing at the location "as is, where is" and understands that the LESSOR shall not be responsible for moving, adding or supplementing any utilities or utility facilities. All costs for utilities, including any costs for infrastructure necessary for said utilities, shall be paid by LESSEE LESSEE shall install a meter and be charged separately from the City for all electricity charges at no charge to LESSOR. LESSEE shall be responsible for the operation and maintenance of the meter, all electric connections, lines and services, and any damages to the meter, facilities, or power pole associated with the meter or LESSEE'S use of the power pole for electricity. LESSEE shall coordinate with Pacific Power to have all billings for electricity used during the term of this lease to be billed directly to the LESSEE A meter shall be installed prior to November 15, 2017. LESSEE may connect non-residential temporary structures or facilities not permanently affixed to the ground to public water and/or sewer with the express written consent of the LESSOR and approval of the location of pipelines and facilities by LESSOR. In the event LESSEE connects the property to public water and/or sewer, LESSEE is responsible for all costs associated therewith, from the main water and sewer line to and throughout the property, including, but not limited to permit fees, connection fees, and construction costs. LESSEE shall also be responsible for obtaining any necessary easements or rights to cross private property if necessary. Said easements and improvements shall be transferred to the LESSOR at the termination of this Lease. LESSEE shall be limited to no more than five connections for temporary bathroom, shower, laundry and/or kitchen facilities and/or an RV dump station, unless otherwise agreed to, in writing, by the LESSOR. IN 3 U'%. npp APR r. 21 71. iN Ex . ` . 301 14 LESSEE shall be responsible for all utility charges, including, but not limited to, electricity, water, sewer, cable, internet, and garbage charges for the property. All billings shall be in the name of LESSEE and all payments shall be promptly made upon receiving a bill, and in no event shall any payment become delinquent Delinquent payments for utilities may be considered a default under the terms and conditions of this Lease 7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept in a clean and sanitary condition, including, but not limited to, property maintenance, mowing, garbage service, sanitation facilities, such as portable toilets and hand washing stations or other similar facilities, and safe bio-hazard disposal areas. All facilities shall be provided at the expense of the LESSEE and shall be cleaned and serviced as needed to maintain a safe and sanitary environment. As LESSEE increases services, housing, and/or occupancy at the site, LESSEE shall evaluate the services at the site and determine if there are adequate services to meet the needs of the site occupants. If additional services are provided, an updated site plan showing the location of the additional services shall be provided to LESSOR The LESSOR, at any time, may determine that additional cleaning activities and/or sanitation facilities are necessary based on health and safety concerns, LESSEE shall undertake such activities and/or install such facilities within thirty(30) days of notice at LESSEE's expense. 8. PREMISES CONDITION AND FENCING. LESSEE has made a full inspection of the premises, is fully aware of its condition and accepts the premises on an "AS-IS" basis LESSEE agrees to pay for any improvements, repairs and/or modifications necessary to LESSEE's use, including but not limited to all costs associated with the installation of improvements necessary to run a temporary homeless encampment. All activities and services provided to the homeless as part of the temporary homeless encampment shall occur within a fenced perimeter. LESSOR previously provided temporary fencing in the length of 777 feet to LESSEE as part of the original Lease. The fencing shall remain the property of LESSOR throughout the term, and any extensions, of this Lease, and any damage or loss to fencing owned by LESSOR shall be the responsibility of LESSEE. LESSEE shall return LESSOR's 777 feet of fencing in its original condition, normal wear and tear excepted, to the LESSOR at the termination of this Lease In the event additional fencing is needed by LESSEE to conduct its activities and services for homeless persons on the property within a fenced area, LESSEE is responsible for any and all additional costs, including permits and installation costs, associated with placement of additional fencing. 9. CONSTRUCTION OF ACCESS WAY FOR CITY VEHICLES. Due to LESSEE's desired location for the temporary homeless encampment, LESSEE acknowledges that it is necessary for LESSEE to construct an access driveway, including, but not limited to the necessary curb cut in a width and location approved by the LESSOR, and approach. The access driveway design, materials and location shall be approved by the City Engineer and constructed at the sole expense of LESSEE. LESSEE shall be responsible for obtaining all necessary permits to construct the access way. Said access way shall be constructed when, separately from this Lease, specifically requested by the City in writing Once the request is received, LESSEE shall have 60 days to finish construction of the access way unless a different time period is agreed upon by the parties. 4 INDEX AIR 2021 CITY / 302 15 10. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as good a condition as the condition of the premises as if no temporary homeless encampment had existed on the Property. LESSEE further agrees that LESSEE shall be responsible to maintain all leased areas, trade fixtures, water and sewer lines and facilities, and other improvements, existing and future, in an attractive and usable manner consistent with other LESSOR property. LESSEE understands and acknowledges that it is responsible for all maintenance of the water and sewer lines and facilities within the boundaries of the temporary emergency homeless encampment. Any back-ups, breaks, or other damages to the water or sewer lines therein shall be promptly fixed by LESSEE at its sole cost and expense. LESSEE agrees to maintain the areas adjacent to the property used by LESSEE in a safe, sanitary, and usable condition at all times. LESSEE is responsible for snow removal along the driveway access and weed control on the Property. 11. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved in writing by LESSOR The site shall be fenced. Additional site screening shall be mutually agreed to by the parties. 12. IMPROVEMENTS. No improvements other than those specifically mentioned herein are contemplated by this Lease In the event improvements are made by LESSEE or LESSOR that are affixed to the land, such improvements shall become part of the property and revert to LESSOR upon termination of this Lease, or removed by LESSEE if originally made by LESSEE, the determination of which shall be solely made by LESSOR, and at no cost to the LESSOR 13. REGULATIONS. LESSEE agrees to comply with all applicable laws, ordinances, rules, regulations and policies of all governmental authorities, including policies adopted by LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and operation of the leased property and as those laws, ordinances, rules, regulations and policies now exist or may hereafter become effective. LESSEE agrees to formulate a Code of Conduct, or other similar good neighbor agreement and/or rules of conduct for the temporary homeless encampment. Such Code of Conduct for use of the temporary homeless encampment by its clients should include, but not be limited to, requiring that clients not commit violations of the law, that clients have respect for other clients and neighboring property owners, and other such regulations that ensure that the clients, and neighboring property owners and residents, are safe, secure, and that the public health and safety is maintained. A copy of the Code of Conduct shall be provided to the LESSOR. LESSEE shall comply with all building, fire, and safety regulations, including, but not limited to building codes concerning any structures built on premises and perm it fees, if written permission is granted to construct on-site facilities of any kind 14. SITE PLAN. LESSEE, prior to the beginning date of this Lease, shall provide to the City a site plan that generally depicts how the site will be set up, the location of sanitation and other group facilities, ingress and egress for emergency vehicles, as well as the maximum 5 ,� 4 APR 3 0 Z►D244 D u N\ .. 1 303 16 occupancy of said encampment. Maximum occupancy shall be determined by the City of Yakima. Any modification of the site plan to allow for improvements or other additional facilities shall be agreed to and approved by LESSOR prior to any new improvements or additional facilities being placed or constructed at the site. The site plan shall be affixed hereto as Exhibit 3. 15. SUBLETTING AND ASSIGNMENT. This Lease, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by LESSEE to any other person or entity without the prior written consent of LESSOR. LESSOR is the sole determiner of whether the Lease may be assigned, and its decision cannot be challenged. In the event that such prior written consent to an assignment is granted, then the assignee shall also assume all duties, obligations and liabilities of LESSEE stated herein, including, but not limited to the indemnification and insurance requirements. 16. MISCELLANEOUS PROVISIONS. A. The parties agree that LESSOR may enter upon the leased premises at any reasonable time to make such inspections as LESSOR may deem necessary to the proper enforcement of any term, provision or condition of this Lease. No such entry or inspection by LESSOR is required by this provision, and the failure of LESSOR to enter and make inspection shall not alter the relationship of the parties and their respective rights and duties provided by this Lease. LESSEE shall be granted the right of quiet enjoyment upon performance of all terms of this Lease. B. LESSOR reserves the right to take any action necessary or desirable by LESSOR to protect the LESSOR's property against any activity interfering with the efficient operation of the LESSOR's activities, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on the LESSOR's property which, in the opinion of the LESSOR, would limit the usefulness of the property or constitute a hazard C. LESSOR shall have the right to use, unobstructed, the driveway off of 22"d Street for ingress and egress to LESSOR'S property for maintenance, operations, public safety, or other purposes. The driveway off of 22"" Street shall not be obstructed by parked or stationary vehicles, personal property, gates, persons or otherwise, at any time. D. All parking of occupants of the temporary homeless encampment shall be within the leased property. If a parking area is proposed, it must be paved or graveled to avoid parking on dry grasses or combustible materials No automotive work or maintenance may be done on premises and LESSEE shall not allow people to live in their vehicles, including RVs, on premises. Parking areas shall be indicated on the Site Plan. 17. INDEMNITY/DUTY TO DEFEND. A. At no expense to LESSOR, LESSEE shall defend against, release, and indemnify fully and save harmless the City of Yakima and its elected and appointed officials, employees and agents, from any and all liability, damages, suits, claims, actions, judgments or decrees, including all expenses incidental to the investigation and defense thereof and including reasonable attorneys' fees, based on or arising from the occupancy or use of the leased premises by LESSEE, its servants, employees, agents, invitees, independent APR • • )r1?r 17 contractors or any entity, person, firm or corporation acting on behalf of LESSEE or under its direction. whether such claim shall be by LESSEE or a third party. B. LESSEE agrees to reimburse LESSOR for any damage to City property, including the leased premises, caused by the occupancy of LESSEE, its employees, agents, servants, invitees, independent contractors or any person acting on behalf of LESSEE or under its direction C. LESSEE shall defend, release, indemnify and hold the City of Yakima, its elected and appointed officials, agents and employees, free and harmless from any and all claims and actions, loss, damage, expense or cost, including reasonable attorneys' fees, incidental to the investigation and defense thereof, resulting from, arising out of, or caused by LESSEE's use of the leased premises resulting in any liability under the Federal Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq ; Resource Conservation and Recovery Act,42 U.S C 6901 et seq ;the Clean Water Act, 42 U.S C. 1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43.21C; the Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington Hazardous Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic Control Act, RCW Ch. 70.105D, and the regulations promulgated thereunder, or under any applicable local or state environmental ordinance, statute, law, rule or regulation. The provisions of this subsection shall survive the termination of this Lease D. Further, during the term of this Lease where LESSEE is operating a temporary homeless encampment on the property, LESSEE agrees and acknowledges that RCW 35.21.915(d), and as amended, applies to the property and this Lease. That section as of the date of this Lease, specifically states: An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for (a) damages arising from the permitting decisions for a temporary encampment for the homeless as provided in this section and (b) any conduct or unlawful activity that may occur as a result of the temporary encampment for the homeless as provided in this section LESSEE shall defend, indemnify, release and hold harmless LESSOR, its appointed or elected public officials, and public employees from any claims for damages arising from permitting decisions for the temporary homeless encampment, including entry into this Lease, as well as any conduct or unlawful activity that may occur as a result of the temporary homeless encampment. LESSEE acknowledges that at all times, it must only operate pursuant to RCW 35.21.915 if it wishes to continue to be exempt from the zoning code and development permit requirements. Failure to operate pursuant to RCW 35.21,915 and without the proper permits and zoning review, shall be considered a default and be grounds for termination of this Lease 18. DEFAULT, TERMINATION & FORFEITURE. A. The failure by LESSEE to comply with any term, provision or condition of this Lease shall constitute grounds for termination of this Lease. This Lease and tenancy shall terminate on written notice by LESSOR to LESSEE stating accurately the manner in which LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with this 7 305 18 Lease in the manner specified in the notice within thirty (30) days from LESSEE's receipt of such notice, otherwise this Lease and tenancy shall be terminated. Such notice shall be given in writing and served on LESSEE by personal delivery or mailed by certified mail with return receipt requested addressed to LESSEE at its address stated below or such other address as the parties may advise each other in writing. It is further agreed that after receipt of notices and as an additional condition to avoid forfeiture, LESSEE shall pay LESSOR's costs and expenses, including attorneys fees, for the preparation and service of such notice. Notices shall be deemed received three (3) days after mailing to LESSEE at the address below or such other address as the parties may advise each other in writing. B. Either party may terminate this Lease, for any reason or without cause, upon forty-five (45) calendar days'written notice. C. Upon termination of this Lease for any reason, LESSEE shall immediately surrender the premises to the LESSOR in good condition and repair, ordinary wear and usage excepted, and as required by this Lease; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures, or equipment from the premises and shall repair any damage to the premises caused by such removal. Any personal property of LESSEE, or anyone claiming under LESSEE, which shall remain upon the premises at the expiration or termination of this Lease shall be deemed to have been abandoned and may be retained by LESSOR as LESSOR'S property or disposed of by LESSOR in such manner as LESSOR sees fit without compensation to LESSEE Further, LESSEE shall remove all occupants from the temporary homeless encampment as of the effective date of termination of the Lease, whether it be through default, termination for convenience, or at the end of this Lease's term. 19. NON-DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its personal representatives, agents, officers, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as follows: A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap, national origin, or any other protected status pursuant to any federal, state or local law, shall be unreasonably excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in LESSEE's personnel policies and practices or in the use or operation of LESSEE's services or facilities B. LESSEE agrees that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person, on the grounds of race, color, religion, sex, marital status, handicap, age, national origin or any other protected status pursuant to any federal, state or local law, shall be unreasonably excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. C. LESSEE agrees that participation in religious activities will not be required to obtain any of the services provided on the property that is subject to this Lease 20. INSURANCE. It is understood the City does not maintain liability insurance for the LESSEE and/or its officers, employees, agents and/or subcontractors. Further, LESSEE shall obtain insurance as follows 8 Co 306 A. Property Insurance. On or before the effective date of this Lease LESSEE shall procure and maintain a policy or policies of property insurance in an amount acceptable to the LESSOR with respect to the Property and LESSEE's personal property. LESSEE will hold the City harmless for any damage to property owned by LESSEE and waive its right of subrogation for any damage to their property B. Liability Insurance. On or before the effective date of this Lease, LESSEE shall provide the City proof of liability insurance in the amount of Two Million Dollars ($2,000,000 00) per occurrence combined bodily injury and property damage that states who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect The policy shall name the City, its elected and appointed officials, officers, agents, and employees as additional insureds and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) days' prior written notice A copy of all such policies shall be provided to the City upon request. 21. INTEGRATION AND SUPERSESSION. This document embodies the entire Lease between the parties with respect to the subject matter herein contained and supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties as to the subject matter hereof, which are hereby declared terminated and of no further force and effect No amendments or modifications hereof shall be enforceable unless in writing, signed by both parties. 22. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of this Lease to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Lease did not contain the particular provision held to be invalid. If any provision of this Lease is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 23. NON-WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of this Lease by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 24. NOTICES. Notices shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified below. CITY OF YAKIMA GRACE CITY OUTREACH c/o City Manager c/o Mike Kay 129 North 2nd Street Yakima, WA 98901 509-575-6000 Time is of the essence of this entire Lease. 9 i • AND 307 20 25. RECORDING. This Lease shall be recorded, pursuant to RCW 65.08.060, with the Yakima County Auditor. LESSEE shall be responsible for recording this Lease and providing a conformed copy to LESSOR for its records within ten (10) days of both parties signing the Lease CITY OF YAKIMA GRACE CITY OUTREACH By- ---- By Bob Harrison, City Manager Mike Kay, -_ Date: Date: ATTEST. By Rosalinda Ibarra, City Clerk City Resolution No City Contract No. STATE OF WASHINGTON ) ss County of Yakima I certify that I know or have satisfactory evidence that Mike Kay, the of Grace City Outreach, signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By Notary Public for the State of Washington Residing at: Appointment Expires 10 DOC„ INDEI —�- 308 1 STATE OF WASHINGTON ) ss County of Yakima I certify that I know or have satisfactory evidence that Bob Harrison signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Interim City Manager of the City of Yakima, Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Date: By: Notary Public for the State of Washington Residing at: Appointment Expires 11 DocN INDEX ` _.. w„ 309 Camp Hope / Comprehensive Health Care Site Plan 1. TV Room 2. Main Office / Security 3. Camp Hope Case Management Office 4. Secondary Office 5. Comprehensive Healthcare Temporary Office 6. 40ft ADA Restroom Unit (Men & Wo en) 7. 40ft ADA Shower Unit (Men Women) 8. Behavioral Health Center 9. Day Tent / Meals 10. Laundry Building 11. Restroom Trailer (Men & Women) 12. Shower Trailer (Men & Women) 13. Men's Dormitory Tent 14. Men's Dormitory Tent w/ Pets 15. Women's Dormitory Tent 16. Women's Dormitory Tent w/ Pets 17. Young Adult Shelter (Men & Women) 18. Family Shelter 19. Men's Dormitory 20. Women's Dormitory 21. Mobile Kitchen Trailer 22. Clothing Bank & Storage *** Green Units are the Transitional Housing Units ** <:_ . Doc. IN DEX 310 Exhibit. I 4 . " • i r, at ,.. .7. .-- :• . -)-r„-- .911.•.el .-...., • 4.- ir iir •%-.."I ..... .. . _ -- -4.., .... t. ..., - . .., •..... 4 L...e. '-.- 4!•ii, ./.-Aral,N', 111, -,11141111414 I . .. _,.... .-.1.4%% '.." 4K., V'n-' i -.56-'' . , Ars .r- - Vb..' •"' . , , . - r - - .... . ....- 1,, nlei•. ,.. sysii.! .. .r.- 1 • 4111.11, ..... ...a # •&!: • 7: Of, • . a -a- a 1 • -...4' • e ' ii..• ,- -.10.I .ft. .. ., •.• al ql , . • r Nr-i.. Cri "" .6 ....."*. •a t .. ,;. . & i . . .•• . . . • - er-All- , jiff - ._ . v....:!. &• . V•,..-.Ai," - •- . . . r) . i_ ... i, .dg!.:4-;.,•_.„' .?,zr— . 44.... .. _ • .4 ,,, cti ...217.. ..,...TrAis---iiii ;Is,' - , .4: * t. a. .4 • :-.:' . i , • '..-' . - • a 4 P •• • it . / 4 - 7...* • Iti t 4 -,1E! 4.• :• i. . . 1., - ,• . - 7,.. it-4.ft- • .' . • . 19 S _ • -1/4,..' .- 't - - -••'.r. . . • i . . ,........t) •A II , - ... g-. i ..... , --. , , 1.. - k• iii, . ... . - Jr gla-'Z41 1 Pl• -.... au ie,_ : 14•=r.:4 :.. A : , Ir-4,. ..., ... - ‘1 LI L lii 7 . , lb. *It- g...i 1 , ..i_c7, 01... . . .1--- , .,. . . . 11- 4 .- a, a a) , II .Z..6 - , E ,.... .., , r .... .. , :.. c qt• .... ...,.. . qr.. .._ 1 13 . - .........,,- , ..„.., ,. '-r71Cgr' 't 24 . A #., .,.., ..-. -.• '-''''.1:,Z'7A.. '- - i4k.,01 ., .1tAt .1 '' l''''','.•..,.. i - ----• . ...'- - .' '', ' ' ; . '- ..- •..4.- -... .' .. i . .., . *i.. .... _ ... ,.. • . 4 i • -' :- - = . . ._ • IAN . '' .. ••.. L. ...... ... ,..-.. . +lc rti4 ,. - . , 1 . . 44 ."' •L .411'1: • -',14- - ,t- . - „,. _,,... .._ . . . .. ....... ''. . ,D. 1.-)EX ... ' ..... . 311 LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA AND COMPREHENSIVE HEALTH CARE THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of Yakima, a Washington State municipal corporation (hereinafter"LESSOR") and Comprehensive Health Care, a Washington State non-profit corporation providing behavior health care services to people, including residents of Yakima (hereinafter"LESSEE".) WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE desires to occupy and use such property in accordance with this Lease to provide health care services, including behavioral health services, to people experiencing homelessness and those utilizing the services offered at Camp Hope, NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to be derived by each party, the parties agree as follows: 1. LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE does hereby lease and take from LESSOR, that unimproved property described below (hereinafter referred to as "Property"or"leased premises") and as depicted on the drawing marked as Exhibit 1, attached hereto and by this reference made a part hereof: [To Be Determined by Survey] LESSEE acknowledges and understands that the property has limited water and sewer connection access and electrical services as of the date of this Lease. LESSEE takes all services and utilities "as is, where is" and has an opportunity to inspect the Property and make itself aware of utility locations. 2. TERM. The tenancy created by this Lease shall commence on July 1, 2024, and continue fora period of approximately fifteen years until June 30, 2039, unless otherwise terminated as provided for herein. 3. RENT. In consideration for LESSEE's agreement to the terms and conditions of this Lease, and that LESSEE shall use the property to operate a health care and behavioral health care clinic and provide such and other relevant services and aid to persons experiencing homeless while they search for transitional or other housing, no rent shall be required as part of this Lease. 4. TAXES AND LIENS. LESSEE promises and agrees to pay, as the same become due and payable, all licenses, fees and taxes, including but not limited to the leasehold excise, required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use and occupancy of the leased premises and by reason of LESSEE's construction or ownership of improvements to the leased premises. LESSEE shall neither suffer nor permit the attachment of any lien or other encumbrance on the leased premises by reason of LESSEE's occupancy thereof LESSEE agrees to indemnify LESSOR and shall hold LESSOR harmless from any such taxes and liens. 1 DOC. 111D X 312 5. USE. LESSEE agrees to use the property as allowed in its development permit Notwithstanding the foregoing, in the event that LESSOR'S application for rezone of the Property remains pending when this Lease becomes effective, LESSEE may place and install its facility(ies) and conduct activities on the Property that are within the scope of activities described in RCW 35.21.915. After the LESSOR'S application for rezone of the Property is processed, and if the rezoning ordinance of the Property becomes effective, Comprehensive may use the Property for purposes outside those allowed under RCW 35.21.915 which are approved through its development permit. 6. UTILITIES. LESSEE accepts all utility facilities as now existing at the location "as is, where is" and understands that the LESSOR shall not be responsible for moving, adding or supplementing any utilities or utility facilities All costs for utilities, including any costs for infrastructure necessary for said utilities, shall be paid by LESSEE. LESSEE shall install a meter and be charged separately from the City for all utilities, including, but not limited to, electricity, water and wastewater charges, at no charge to LESSOR. LESSEE may connect non-residential temporary structures or facilities not permanently affixed to the ground to public water and/or sewer with the express written consent of the LESSOR and approval of the location of pipelines and facilities by LESSOR. In the event LESSEE connects the property to public water and/or sewer, LESSEE is responsible for all costs associated therewith, from the main water and sewer line to and throughout the property, including, but not limited to permit fees, connection fees, and construction costs. LESSEE shall also be responsible for obtaining any necessary easements or rights to cross private property if necessary. Said easements and improvements shall be transferred to the LESSOR at the termination of this Lease. LESSEE shall be limited to no more than five connections for temporary bathroom, shower, laundry and/or kitchen facilities and/or an RV dump station, unless otherwise agreed to, in writing, by the LESSOR. LESSEE shall be responsible for all utility charges, including, but not limited to, electricity, water, sewer, cable, internet, and garbage charges for the property. All billings shall be in the name of LESSEE and all payments shall be promptly made upon receiving a bill, and in no event shall any payment become delinquent. Delinquent payments for utilities may be considered a default under the terms and conditions of this Lease. 7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept in a clean and sanitary condition 8. PREMISES CONDITION AND FENCING. LESSEE has made a full inspection of the premises, is fully aware of its condition and accepts the premises on an "AS-IS" basis. LESSEE agrees to pay for any improvements, repairs and/or modifications necessary to LESSEE's use, including but not limited to all costs associated with the installation of improvements necessary to run a temporary homeless encampment. 10. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as good a condition as the condition of the premises as of the first date LESSEE began use of the premises. LESSEE further agrees that LESSEE shall be responsible to maintain all leased areas, trade fixtures, water and sewer lines and facilities, and other improvements, 2 DOG. INDEX _.._..._ 313 24 existing and future, in an attractive and usable manner consistent with other LESSOR property. LESSEE understands and acknowledges that it is responsible for all maintenance of the water and sewer lines and facilities within the leased premises Any back-ups, breaks, or other damages to the water or sewer lines therein shall be promptly fixed by LESSEE at its sole cost and expense LESSEE agrees to maintain the areas adjacent to the property used by LESSEE in a safe sanitary, and usable condition at all times. LESSEE is responsible for snow removal within the leased premises and weed control on the Property 11. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved in writing by LESSOR. Fencing and site screening shall be in accordance with LESSEE"s development permit. 12. IMPROVEMENTS. No improvements other than those specifically mentioned herein are contemplated by this Lease. In the event improvements are made by LESSEE or LESSOR that are affixed to the land, such improvements shall become part of the property and revert to LESSOR upon termination of this Lease, or removed by LESSEE if originally made by LESSEE, the determination of which shall be solely made by LESSOR, and at no cost to the LESSOR 13. REGULATIONS. LESSEE agrees to comply with all applicable laws, ordinances, rules, regulations and policies of all governmental authorities, including policies adopted by LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and operation of the leased property and as those laws, ordinances, rules, regulations and policies now exist or may hereafter become effective LESSEE shall comply with all building, fire, and safety regulations, including, but not limited to building codes concerning any structures built on premises and perm it fees, if written permission is granted to construct on-site facilities of any kind 15. SUBLETTING AND ASSIGNMENT. This Lease, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by LESSEE to any other person or entity without the prior written consent of LESSOR. LESSOR is the sole determiner of whether the Lease may be assigned, and its decision cannot be challenged In the event that such prior written consent to an assignment is granted, then the assignee shall also assume all duties, obligations and liabilities of LESSEE stated herein, including, but not limited to the indemnification and insurance requirements. 16. MISCELLANEOUS PROVISIONS. A. The parties agree that LESSOR may enter upon the leased premises at any reasonable time to make such inspections as LESSOR may deem necessary to the proper enforcement of any term, provision or condition of this Lease. No such entry or inspection by LESSOR is required by this provision, and the failure of LESSOR to enter and make inspection shall not alter the relationship of the parties and their respective rights and duties provided by this Lease. LESSEE shall be granted the right of quiet enjoyment upon performance of all terms of this Lease. 3 .I v�! `;n C- i, ; 0 2iJ?? INDEX YA, s � .�_.... A ( 314 B. LESSOR reserves the right to take any action necessary or desirable by LESSOR to protect the LESSOR's property against any activity interfering with the efficient operation of the LESSOR's activities, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on the LESSOR's property which, in the opinion of the LESSOR, would limit the usefulness of the property or constitute a hazard. 17. INDEMNITY/DUTY TO DEFEND. A. At no cost to LESSOR. LESSEE agrees to release, indemnify, defend; and hold harmless the City of Yakima, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Lease or the acts, failures to act, errors or omissions of the LESSEE, or any of LESSEE's agent(s) or subcontractor(s), in performance of this Agreement, except for claims caused by the City's sole negligence. B. LESSEE agrees to reimburse LESSOR for any damage to City property, including the leased premises, caused by the occupancy of LESSEE, its employees, agents, servants, invitees, independent contractors or any person acting on behalf of LESSEE or under its direction C. LESSEE shall defend, release, indemnify and hold the City of Yakima, its elected and appointed officials, agents and employees, free and harmless from any and all claims and actions, loss, damage, expense or cost, including reasonable attorneys' fees, incidental to the investigation and defense thereof, resulting from, arising out of, or caused by LESSEE's use of the leased premises resulting in any liability under the Federal Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq ; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq ;the Clean Water Act, 42 U.S.C. 1251 et seq ; the Washington Environmental Policy Act, RCW Ch 43.21C; the Washington Water Pollution Control Act, RCW Ch 90 48; the Washington Hazardous Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic Control Act, RCW Ch 70.105D, and the regulations promulgated thereunder, or under any applicable local or state environmental ordinance, statute, law, rule or regulation. The provisions of this subsection shall survive the termination of this Lease. D. Industrial Insurance Act Waiver. It is specifically and expressly understood that the LESSEE waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. LESSEE's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. LESSEE shall require that its subcontractors, and anyone directly or indirectly employed or hired by LESSEE, and anyone for whose acts LESSEE may be liable in connection with its performance of this Lease, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions 4 INDEX APR 3 0 2r121 315 2e brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. E. Nothing in this section is intended to create any liability or right of indemnification in any third party. F. The terms of this section shall survive any expiration or termination of this Lease 18. DEFAULT, TERMINATION & FORFEITURE. A. Early Termination. (1) This Lease shall terminate automatically in the event of either: (a) the LESSOR'S application to rezone the Property is withdrawn, discontinued, denied or otherwise not approved, or (b) LESSEE conducts activities on the Property that fall outside of RCW 35.21.915 prior to the effective date of the rezone ordinance affecting the Property. (2) The Lease may be terminated by LESSEE, at LESSEE'S option, if the rezone ordinance affecting the Property is not effective by or before December 31, 2024. (3) The Lease may be terminated by LESSEE, at LESSEE'S option, if the LESSEE'S development application for office and clinic use is not approved by the appropriate administrative officer by or before December 31, 2024. (4) The Lease may be terminated by LESSEE, at LESSEE'S option, in the event that a Lease with Grace City Outreach for the property depicted as"Grace City Outreach Property" on the drawing marked Exhibit 1 is terminated or expires without renewal prior to June 30, 2039. B. The failure by LESSEE to comply with any term, provision or condition of this Lease shall constitute grounds for termination of this Lease. This Lease and tenancy shall terminate on written notice by LESSOR to LESSEE stating accurately the manner in which LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with this Lease in the manner specified in the notice within thirty (30) days from LESSEE's receipt of such notice, otherwise this Lease and tenancy shall be terminated. Such notice shall be given in writing and served on LESSEE by personal delivery or mailed by certified mail with return receipt requested addressed to LESSEE at its address stated below or such other address as the parties may advise each other in writing. It is further agreed that after receipt of notices and as an additional condition to avoid forfeiture, LESSEE shall pay LESSOR's costs and expenses, including attorney's fees, for the preparation and service of such notice. Notices shall be deemed received three (3) days after mailing to LESSEE at the address below or such other address as the parties may advise each other in writing. C Either party may terminate this Lease, for any reason or without cause, upon ninety (90) calendar days' written notice. D. Upon termination of this Lease for any reason, LESSEE shall immediately surrender the premises to the LESSOR in good condition and repair, ordinary wear and usage excepted, and as required by this Lease; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures, or equipment from the premises and shall 5 a `ki• 316 repair any damage to the premises caused by such removal. Any personal property of LESSEE, or anyone claiming under LESSEE, which shall remain upon the premises at the expiration or termination of this Lease shall be deemed to have been abandoned and may be retained by LESSOR as LESSOR'S property or disposed of by LESSOR in such manner as LESSOR sees fit without compensation to LESSEE. Further, LESSEE shall remove all occupants from the temporary homeless encampment as of the effective date of termination of the Lease, whether it be through default, termination for convenience, or at the end of this Lease's term. 19. NON-DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its personal representatives, agents, officers, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as follows: A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap, national origin, or any other protected status pursuant to any federal, state or local law, shall be unreasonably excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in LESSEE's personnel policies and practices or in the use or operation of LESSEE's services or facilities. B. LESSEE agrees that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person, on the grounds of race, color, religion, sex, marital status, handicap, age, national origin or any other protected status pursuant to any federal, state or local law, shall be unreasonably excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. C. LESSEE agrees that participation in religious activities will not be required to obtain any of the services provided on the property that is subject to this Lease 20. INSURANCE. It is understood the City does not maintain liability insurance for the LESSEE and/or its officers, employees, agents and/or subcontractors Further, LESSEE shall obtain insurance as follows. A Property Insurance. On or before the effective date of this Lease LESSEE shall procure and maintain a policy or policies of property insurance in an amount acceptable to the LESSOR with respect to the Property and LESSEE's personal property. LESSEE will hold the City harmless for any damage to property owned by LESSEE and waive its right of subrogation for any damage to their property. B. Liability Insurance. On or before the effective date of this Lease, LESSEE shall provide the City with a certificate of insurance and additional insured endorsements as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000 00) general aggregate. If LESSEE carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the 6 Doe. INDEX b.- IL_ 317 2& policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Lease. The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by LESSEE is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by LESSEE under this contract C. Automobile Insurance. On or before the effective date of this Lease, LESSEE shall provide the City with a certificate of insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence If LESSEE carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Lease The certificate of insurance and additional insured endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice The insurance shall be with an insurance company or companies rated A-VI' or higher in Best's Guide and admitted in the State of Washington The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by LESSEE is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by LESSEE under this Lease. The business auto liability shall include Hired and Non-Owned coverage if necessary D. Employer's Liability (Stop Gal)) LESSEE and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by LESSEE or its employees for services performed under the terms of this Lease LESSEE agrees to assume full liability for all claims arising from this Lease including claims resulting from negligent acts of all subcontractor(s). LESSEE is responsible to ensure subcontractor(s) have insurance as needed Failure of subcontractors(s) to comply with insurance requirements does not limit LESSEE'S liability or responsibility E. Professional Liability 7 O 318 29 LESSEE shall provide evidence of Professional Liability insurance covering professional errors and omissions. LESSEE shall provide the City with a certificate of insurance as proof of professional liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000 00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000 00) aggregate The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this Lease. If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Lease. 21. INTEGRATION AND SUPERSESSION. This document embodies the entire Lease between the parties with respect to the subject matter herein contained and supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties as to the subject matter hereof, which are hereby declared terminated and of no further force and effect. No amendments or modifications hereof shall be enforceable unless in writing, signed by both parties. 22. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of this Lease to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Lease did not contain the particular provision held to be invalid. If any provision of this Lease is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 23. NON-WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of this Lease by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 24. NOTICES. Notices shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified below. CITY OF YAKIMA COMPREHENSIVE HEALTH CARE c/o City Manager c/o CEO 129 North 2nd Street 402 South 4th Avenue Yakima, WA 98901 Yakima, WA 98902 509-575-6000 509-575-4024 Time is of the essence of this entire Lease. 25. INSPECTION AND RETENTION OF RECORDS A The records relating to this Lease shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such 8 DOC. INDEX 319 30 inspection or approval shall not relieve LESSEE of responsibility for complying with this Lease, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. LESSEE shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. LESSEE's records relating to the Lease will be provided to the City upon the City's request. B. LESSEE shall promptly furnish the City with such information and records which are related to this Lease as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Lease, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, LESSEE shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of LESSEE's books, documents, papers and records which are related to this Lease If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. B. All records relating to LESSEE's services under this Lease must be made available to the City, and the records relating to the Lease may be required to be produced to third parties, pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to this Lease must be retained by LESSEE for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. C The terms of this section shall survive any expiration or termination of this Lease 26. RECORDING. This Lease shall be recorded, pursuant to RCW 65 08 060, with the Yakima County Auditor. LESSEE shall be responsible for recording this Lease and providing a conformed copy to LESSOR for its records within ten (10) days of both parties signing the Lease CITY OF YAKIMA COMPREHENSIVE HEALTH CARE By By Bob Harrison, City Manager Jodi Daly, CEO Date Date: ATTEST' By Rosalinda Ibarra, City Clerk City Resolution No 9 DOC. r 6 0 2024 0_14_ ' 7A! L. 320 31 City Contract No STATE OF WASHINGTON ss County of Yakima I certify that I know or have satisfactory evidence that , the of Comprehensive Health Care, signed this instrument, and on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date By: - — — — Notary Public for the State of Washington Residing at: Appointment Expires STATE OF WASHINGTON ss County of Yakima I certify that I know or have satisfactory evidence that Bob Harrison signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Interim City Manager of the City of Yakima, Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Date By: 10 C. INDEX ... 1A, 321 Notary Public for the State of Washington Residing at: Appointment Expires 11 322 AWN IX I#.\ ENVIRONMENTAL CHECKLIST Ares i ti■r\ illiMpiacarnol r�, STATE ENVIRONMENTAL POLICY ACT(SEPA) nT M (AS TAKEN FROM WAC 197-11-960) L� YAKIMA MUNICIPAL CODE CHAPTER 6.88 PURPOSE OF CHECKLIST Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant.This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal.Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use"not applicable" or"does not apply"only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. 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 you 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 For non-project proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D).Please completely answer all questions that apply and note that the words"project","applicant",and"property or site"should be read as"proposal,""proponent,"and"affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B — Environmental Elements— that do not contribute meaningfully to the analysis of the proposal. A.BACKGROUND INFORMATION(To be completed by the applicant.) 1. Name Of Proposed Project(If Applicable): "�° .u , East Birch Street API;) 2. Applicant's Name&Phone: 0 024 City of Yakima Planning Division/(509)575-6183 ly OFPLAti `"3. Applicant's Address: 129 N.2nd St., Yakima,WA 98901 4. Contact Person &Phone: Eric Crowell,Senior Planner/(509)576-6736 5. Agency Requesting Checklist: City of Yakima 6. Proposed Timing Or Schedule(Including Phasing,If Applicable): 2024 CPA process 7. Do you have any plans for future additions,expansion,or further activity related to or connected with this proposal?If yes,explain: Comprehensive Healthcare has entered into a MOU (R-2023-112)to locate permanent mental health services clinics adjacent to Camp Hope, however no project is currently proposed as part of this comp plan amendment and rezone request. 8. List any environmental information you know about that has been prepared,or will be prepared,directly related to this proposal: Comprehensive Plan Amendment application Revised 7/2023 v ry� Page l 8 323 A.BACKGROUND INFORMATION(To be completed by the applicant.) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal?If yes,explain: Comprehensive Plan Amendment and Rezone y r Yi 10. List any government approvals or permits that will be needed for your proposal,if known: .rvijvo L 4 Comprehensive Plan Amendment and Rezone 11. Give a brief,but 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.): This proposal will amend the future land use designation from Low Density Residential to Commercial Mixed-Use.Amending the future land use designation from Low Density Residential to Commercial Mixed-Use will allow for a subsequent rezone to General Commercial(GC),which will allow Comprehensive Healthcare to locate a mental healthcare clinic on a designated portion of the site proposed to be rezoned, subject to a subsequent land use review. 12. Location of the proposal.Give sufficient information for a person to understand the precise location of your proposed project,including a street address,if any,and section,township,and range,if known.If a proposal would occur over a range of area,provide the range or boundaries of the site(s).Provide a legal description,site plan,vicinity map,and topographic map,if reasonably available.While you should submit any plans required by the agency,you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist: 2300 E. Birch St., in the vicinity of E.Viola Ave.and S.24th Ave. See attached maps and legal descriptions. DOC. Revised 7/2023 Page 9 324 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) EARTH ' rJ 1. General description of the site(✓one): A `. © ❑ rolling ❑ hilly ❑ steep slopes ❑ ❑ l f! :Qt� flat mountainous other: f;> 2. What is the steepest slope on the site(approximate percent slope)? YAKI14,4 <1% rb MI/ 3. 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 agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. The underlying geology consists of Alluvium Deposits with areas that are either considered somewhat excessively drained or somewhat poorly drained. No project is proposed with this rezone and comp plan amendment. 4. Are there surface indications or history of unstable soils in the immediate vicinity?If so,describe. None known. 5. Describe the purpose,type,total area,and approximate quantities and total affected area of any filling,excavation,and grading proposed.Indicate source of fill. None. 6. Could erosion occur as a result of clearing,construction,or use?If so,generally describe. No. 7. About what percent of the site will be covered with impervious surfaces after project construction(for example,asphalt or buildings)? Not known. Future projects will be required to comply with the applicable lot coverage standard. 8. Proposed measures to reduce or control erosion,or other impacts to the earth,if any: None at this time. AIR 1. What types of emissions to the air would result from the proposal during construction,operation,and maintenance when the project is completed?If any,generally describe and give approximate quantities if known. None. 2. Are there any off-site sources of emissions or odor that may affect your proposal?If so,generally describe. No. 3. Proposed measures to reduce or control emissions or other impacts to air,if any. None at this time. oc Revised 7/2023 Page 10 #T� . 325 RECEIVED B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) v cuL4 SURFACE WATER 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The Yakima River is located approximately 750 feet to the east of the property. 2. Will the project require any work over,in,or adjacent to(within 200 feet)the described waters?If yes,please describe and attach available plans. No. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected.Indicate the source of fill material. None. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5. Does the proposal lie within a 100-year floodplain?If so,note location on the site plan. The property is located within the floodplain of the Yakima River.The area to be utilized by Comprehensive Health is outside of the floodplain. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. GROUND WATER 1. Will groundwater be withdrawn from a well for drinking water or other purposes? If so,give a general description of the well,proposed uses and approximate quantities withdrawn from the well.Will water be discharged to groundwater?Give general description,purpose,and approximate quantities if known. No. 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. None. DOC. Revised 7/2023N DEX 326 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) L-uc'} WATER RUNOFF(INCLUDING STORM WATER) 1. Describe the source of runoff(including storm water)and method of collection and disposal,if any(include quantities,if known).Where will this water flow?Will this water flow into other waters?If so,describe. None.All future projects will retain stormwater on site. 2. Could waste materials enter ground or surface waters? If so,generally describe. No. 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site?If so,describe. No. 4. Proposed measures to reduce or control surface,ground,and runoff water,and drainage pattern impacts,if any: None at this time. PLANTS 1. Check(✓)types of vegetation found on the site: Deciduous Trees: Evergreen Trees: Wet Soil Plants: Water Plants: Other: ❑Alder ❑Fir ❑Cattail ❑Milfoil 1211 Shrubs ❑Maple ❑Cedar ❑Buttercup ❑Eelgrass Grass ❑Aspen ❑Pine ❑Bullrush ❑Water Lily ❑Pasture ❑Other ❑Other ❑Skunk Cabbage ❑Other ❑Crop Or Grain E Other ❑Orchards,vineyards,or other permanent crops ❑Other types of vegetation 2. What kind and amount of vegetation will be removed or altered? None at this time. 3. List threatened or endangered species known to be on or near the site. None known. 4. Proposed landscaping,use of native plants,or other measures to preserve or enhance vegetation on the site,if any: None at this time. 5. List all noxious weeds and invasive species known to be on or near the site. None known. DOOR Revised 7/2023 INDEX Page 12 ..�1 327 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) ANIMALS 1. List any birds or other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: A �None. CITY "1143 ON 2. List any threatened or endangered species known to be on or near the site. None known. 3. Is the site part of a migration route?If so,explain. Unknown. 4. Proposed measures to preserve or enhance wildlife,if any: None. 5. List any invasive animal species known to be on or near the site. None known. ENERGY AND NATURAL RESOURCES I. What kinds of energy(electric,natural gas,oil,wood stove,solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating,manufacturing,etc. None at this time. 2. Would your project affect the potential use of solar energy by adjacent properties?If so,generally describe. No. 3. 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: None at this time. &t5il ND EX Revised 7/2023 ;�w•_ ...l� Page 13 328 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) ENVIRONMENTAL HEALTH 1. 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. �y No. " 11tr•+t) APR 3 0 2024 2. Describe anyknown or contamination at the site from or uses. ',ry E Y possiblepresentpast �C � tI�{ f1I141, None known. DIV 3. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None. 4. Describe any toxic or hazardous chemicals that might be stored,used,or produced during the project's development or construction,or at any time during the operating life of the project. None. 5. Describe special emergency services that might be required. None. 6. Proposed measures to reduce or control environmental health hazards,if any: None. NOISE 1. What types of noise exist in the area,which may affect your project(for example:traffic,equipment,operation,other)? General traffic associated with 1-82, SR 24, and adjacent commercial and industrial uses. 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. None at this time. 3. Proposed measures to reduce or control noise impacts,if any: None. DC e INDEX Revised 7/2023 n�.. � Page 1 14 329 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) LAND AND SHORELINE USE 1. What is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties?If so,describe. The current use of the site is for Camp Hope and the City of Yakima Wastewater Treatment Plant.Surrounding uses are commercial and industrial.This proposal is only to rezone the property;the development proposal will be reviewed separately. 2. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal,if any?If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? No. 3. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access,the application of pesticides,tilling,and harvesting?If so,how: No. 4. Describe any structures on the site. There are numerous fabric tent and steel structures that are part of Camp Hope. 5. Will any structures be demolished?If so,what? No. 6. What is the current zoning classification of the site? Suburban Residential(SR) 7. What is the current comprehensive plan designation of the site? Low-Density Residential 8. If applicable,what is the current shoreline master program designation of the site? The area proposed to be rezoned does not have a shoreline environmental designation. 9. Has any part of the site been classified as a critical area by the city or county?If so,specify. The floodplain partially located on the property is considered to be a critical area within shoreline jurisdiction, however no project is proposed as part of this comp plan amendment and rezone. 10.Approximately how many people would reside or work in the completed project? None. No project is proposed as part of this comp plan amendment and rezone. 11.Approximately how many people would the completed project displace? None. Revised 7/2023 Page 115 116 . 330 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) LAND AND SHORELINE USE 12. Proposed measures to avoid or reduce displacement impacts,if any. ' it N/A .. 20 24 Itt ill* 13. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans,if any: Future development will be compliant with applicable codes. 14. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance,if any: N/A HOUSING 1. Approximately how many units would be provided,if any?Indicate whether high,middle,or low-income housing. None. 2. Approximately how many units,if any,would be eliminated?Indicate whether high,middle,or low-income housing. None. 3. Proposed measures to reduce or control housing impacts,if any: None. AESTHETICS 1. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s)proposed? N/A 2. What views in the immediate vicinity would be altered or obstructed? N/A 3. Proposed measures to reduce or control aesthetic impacts,if any: None. if,J,0 Cr 1NDEiC Revised 7/2023 Page 116 331 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) LIGHT AND GLARE 1. What type of light or glare will the proposal produce?What time of day would it mainly occur? None. CAT �3U 2D C T /1, 2. Could light or glare from the finished project be a safety hazard or interfere with views? �e�f,+r (rrr.�, fu,,:,, N/A Y4L1�'ihe�i Us" 1 3. What existing off-site sources of light or glare may affect your proposal? Lighting from existing commercial and industrial sites. 4. Proposed measures to reduce or control light and glare impacts,if any: None at this time. RECREATION 1. What designated and informal recreational opportunities are in the immediate vicinity? Yakima Area Arboretum Yakima Greenway 2. Would the proposed project displace any existing recreational uses?If so,describe. No. 3. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant,if any: None. HISTORIC AND CULTURAL PRESERVATION 1. Are there any buildings,structures,or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national,state,or local preservation registers located on or near the site?If so,specifically describe. No. q d LF INDEX Revised 7/2023 Page 17 332 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) HISTORIC AND CULTURAL PRESERVATION 2. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries.Are there any material evidence,artifacts,or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. Unknown. API? 381U 'f F • - 3. Proposed measures to avoid,minimize, or compensate for loss, changes to,and disturbance to resources. Please include plans for the above and any permits that may be required. None at this time. TRANSPORTATION 1. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system.Show on site plans,if any. E.Birch St. E. Nob Hill Blvd./SR 24 E.Viola St. 1-82 S.24th Ave. 2. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? Yakima Transit Route 6 is located approximately within 0.6 miles of the site. 3. How many parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? None at this time. 4. Will the proposal require any new or improvements to existing roads, streets, pedestrian bicycle or state transportation facilities,not including driveways?If so,generally describe(indicate whether public or private). None at this time. 5. Will the project or proposal use(or occur in the immediate vicinity of)water, rail,or air transportation? If so, generally describe. No. 6. How many vehicular trips per day would be generated by the completed project or proposal?If known,indicate when peak volumes would occur and what percentage of the volume would be trucks(such as commercial and non-passenger vehicles). What data or transportation models were used to make these estimates? Unknown. -- DOB Revised 7/2023 ( Page 1 18 333 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) TRANSPORTATION 7. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so,generally describe: g No. 1 „ iUzil 8. Proposed measures to reduce or control transportation impacts,if any: GITY i Y, None at this time. PLAlvltittztjE� PUBLIC SERVICES I. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit,health care,schools,other)?If so,generally describe: Future projects made viable by this rezone will allow for increased healthcare services in the community, and will be able to directly serve individuals and families at Camp Hope. 2. Proposed measures to reduce or control direct impacts on public services,if any. None. UTILITIES 1. Check(✓)utilities currently available at the site: electricity ❑natural gas 21 water ® refuse service telephone ®sanitary sewer❑septic system ❑other 2. 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. General urban services are available to serve the site. 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. a000Ple 04/36/2.4 Property Owner or Agent Signature Date Submitted Eric Crowell Senior Planner, City of Yakima Planning Division Name of Signee Position and Agency/Organization PLEASE COMPLETE SECTION"D" ON THE NEXT PAGES IF THERE IS NO PROJECT RELATED TO THI*-ki �VIRONMENTAL REVIEW MDEX Revised 7/2023 2 Page 119 334 D. SUPPLEMENTAL SECTION FOR NONPROJECT ACTIONS ONLY(to be completed by the applicant) 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 that would likely result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production,storage,or release of toxic or hazardous substances;or production of noise? Not likely. Proposed measures to avoid or reduce such increases are: tdry OF Future project(s)will conform to applicable environmental and zoning standards. I"'‘Irk;; I 2. How would the proposal be likely to affect plants,animals,fish,or marine life? Not likely. Proposed measures to protect or conserve plants,animals,fish,or marine life are: None. 3. How would the proposal be likely to deplete energy or natural resources? Not likely. Proposed measures to protect or conserve energy and natural resources are: None. 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? Not likely. Proposed measures to protect such resources or to avoid or reduce impacts are: None. 00C Revised 7/2023 INDEX Page 120 335 D. SUPPLEMENTAL SECTION FOR NONPROJECT ACTIONS ONLY(to be completed by the applicant) 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? Not likely.The area proposed for future development does not have a shoreline environmental designation. Proposed measures to avoid or reduce shoreline and land use impacts are: None at this time.Any future development within shoreline jurisdiction will be required to go through the appropriate shoreline review, if applicable. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Unknown. Proposed measures to reduce or respond to such demand(s)are: Future project(s)may required a traffic study as part of the development plan. Specific mitigation measures are unknown at this time. 7. Identify,if possible,whether the proposal may conflict with local,state,or federal laws or requirements for the protection of the environment. No conflicts. Revised 7/2023 D Page 21 3 336 RECFNPn ARV/I■1.10 Supplemental Application For: srS■ ll� REZONES API; 3 0 202d P aYriohYlAhm6 YAKIMA MUNICIPAL CODE CHAPTER 15.23 CITY OF YAKIMA PLANNING DiV, PART II-APPLICATION INFORMATION 1.EXISTING ZONING OF SUBJECT PROPERTY: Z SR El R-1 ❑R-2 El R-3 El B-1 El B-2 El HB ❑ SCC El LCC El CBD ❑GC El AS El RD El M-1 ❑M-2 2.DESIRED ZONING OF SUBJECT PROPERTY: El SR ❑ R-1 ❑R-2 El R-3 El B-1 ❑B-2 ❑ HB El SCC El LCC ❑CBD Z GC El AS El RD El M-1 El M-2 3.ZONING OF ADJOINING PROPERTY(check all that apply): Z SR ❑R-1 ❑R-2 ❑ R-3 El B-1 ❑B-2 ❑ HB ❑ SCC ❑LCC ❑CBD Z GC ❑AS El RD El M-1 El M-2 4.EXISTING FUTURE LAND USE DESIGNATION: Z Low Density Residential ❑ Mixed Residential El Community Mixed-Use El Commercial Mixed-Use ❑ CBD Commercial Core El Regional Commercial El Industrial 5.PROPOSED FUTURE LAND USE DESIGNATION: Is there a proposed change to the Future Land Use Map? Yes If so what is the proposed future land use designation? ❑ Low Density Residential El Mixed Residential ❑ Community Mixed-Use Z Commercial Mixed-Use El CBD Commercial Core ❑ Regional Commercial El Industrial 6.PUBLIC FACILITIES AND SERVICES AVAILABLE: Z Transportation Z Rights-Of-Way Z Police And Fire Protection Z Parks And Trails El Schools El Water Z Sewer Z Storm Drainage Z Electricity Z Natural Gas Z Telephone ❑Cable TV PART III-REQUIRED ATTACHMENTS 1.WRITTEN NARRATIVE(required):(stating the reason for the request for the rezone,explaining how the proposed amendment meets the proposed rezone request) 2. ENVIRONMENTAL CHECKLIST(required) 3. TRAFFIC CONCURRENCY(may be required) 4 SITE PLAN(required if the rezone is associated with land use development) 5 AUTHORIZATION: I hereby authorize the submittal of this Rezone or Text Amendment Application to the City of Yakima for review. efie—d '11t. CtoNifrele 04/30/24' Property Owner Signature(required) Date DOOR Revised 7/2023 INDEX Page 6 337 4IMO M Milk% Supplemental Application For: AWN a»> REZONES PlaOF n�n YAKIMA MUNICIPAL CODE CHAPTER 15.23 - g ItFYitzte A 4'4Lu PART IV—NARRATIVE(SUBMIT ANSWERS ON SEPARATE SHEET OF PAPER IF NEEDED) 1. How is the subject property suitable for uses permitted under the proposed zoning? The existing low barrier homeless shelter would be able to be served with permanent mental healthcare services. What is the status of existing land use? The existing land uses consist of Camp Hope,the City of Yakima Wastewater Treatment Plant,and vacant land. 2. How is the rezone request in compliance with and/or how does the request deviate from the Yakima Urban Area Comprehensive Plan? The request currently deviates from the Comprehensive Plan as the property needs to be rezoned to General Commercial(GC)in order to allow the proposed future use, however GC is not an implementing zone of the underlying future land use category of Low Density Residential. Changing the future land use to Commercial Mixed-Use would allow the property to be rezoned to GC. 3. Are there adequate public facilities,such as traffic capacity,sewer services,potable water,stormwater drainage,schools, fire and police services,and other public services and infrastructure existing on and around the subject property? Comprehensive Healthcare's proposal is not part of this rezone.The parcels to be rezoned are served by E. Birch St., E.Viola Ave.,and S.24th St.Wastewater currently serve the parcels, however if the property is redeveloped in the future,water will need to be extended. 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? Future development will require extension of water service. 4. How is the proposed zone change compatible with the existing neighboring uses? The change to GC is compatible with the GC zoning to the north.The area has close access to SR 24 and 1-82, and commercial zoning is more in keeping with the high traffic nature of the area. What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space traffic flow alteration,etc.? None at this time. If the rezone is approved,the Offices and Clinics proposal will go through a subsequent land use review process,and will be required to comply with all relevant zoning requirements. 5. What is the public need for the proposed change? Comprehensive Healthcare intends to locate container buildings at the site for the purpose of providing mental healthcare services adjacent to Camp Hope.The camp is allowed pursuant to RCW 35.21.915, however permanent buildings are otherwise required to comply with the zoning ordinance.Offices and Clinics is not a permitted use in the SR zoning district,which necessitates the change to GC,where Offices and Clinics are a Class(1)permitted use. Revised 7/2023 DOC Pagel 7 INDEX 338 7'+liN LAND USE APPLICATION 11,1116, CITY OF YAKIMA,DEPARTMENT OF COMMUNITY DEVELOPMENT ` 'IJq Pa n n i 129 NORTH SECOND STREET,2ND FLOOR,YAKIMA,WA 98901 PA T ��(rr : yiiiA PHONE: (509)575-6183 EMAIL:askplanning@yakimawa.gov �{�°DrV 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,please ask a Planner. 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. 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. PART I—GENERAL INFORMATION Name: City of Yakima Planning Division 1.Applicant's Mailing Address: 129 N.2nd St. Information: City: Yakima St: WA Zip: 98901 Phone-:1( 509 )575-6183 E-Mail: ask.planning@yakimawa.gov 2.Applicant's Interest in Pro e Check One: El Owner III Agent III Purchaser ]Other YMC 16.10.050(1)(a) p rty Name: 3.Property Owner's Mailing Address: Information (If other _ than Applicant): City: St:[ Zip: Phone:( ) E-Mail: 4.Subject Property's Assessor's Parcel Number(s): 191329-41406, 191329-41410, 191329-41412 5.Legal Description of Property.(if lengthy,please attach it on a separate document) See attached 6.Property Address:2300 E.Birch St. 7.Property's Existing Zoning: I]SR ❑R-1 ❑R-2 ❑R-3 ❑B-1 ❑ B-2 ❑ FIB ❑SCC ❑LCC ❑CBD ❑GC ❑AS ❑RD ❑ M-1 ❑M-2 8.Type Of Application:(Check All That Apply) m Comprehensive Plan Amendment m Environmental Checklist(SEPA Review) m Rezone Master Application ❑ Transportation Concurrency 0 (select if submitting two or more ❑ Other: _ applications under Title 15) PART II—SUPPLEMENTAL APPLICATION,PART III—REQUIRED ATTACHMENTS&PART IV—NARRATIVE SEE ATTACHED SHEETS PART V—CERTIFICATION I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. Property� Owner's Signature Date C:;:e 2, M. aCIYAkeil. April 30, 2024 Applicant's Signature Date FILE/APPLICATION(S)# CIA-4DO4_nLI t OOH- 1, / SEPA- _,9 00, DATE FEE PAID: RECEIVED BY: AMOUNT PAID: RECEIPT NO: V NO: Q O1frflV\ tD 0 " i2( , q3 �'�^➢'"� c ?- Revised 7/2023 Page 13 D O w INDEX 339 Supplemental Application For: r� iwi�ii►t COMPREHENSIVE PLAN APR I c d 2(24 a��=Y FYI AMENDMENT C;iIry OF y AKr,, n�� YAKIMA MUNICIPAL CODE,CHAPTER 16.10 �'LANNING ADMINISTRATION OF DEVELOPMENT PERMIT REGULATIONS PART II-APPLICATION INFORMATION 1.TYPE OF APPLICATION: ['Comprehensive Plan Text Amendment ®Future Land Use Map Amendment 2.EXISTING ZONING OF SUBJECT PROPERTY: SR El R-1 El R-2 El R-3 ❑B-1 El B-2 ❑HB El SCC El LCC ❑CBD El GC ❑AS El RD ❑M-1 El M-2 3.DESIRED ZONING OF SUBJECT PROPERTY: El SR El R-1 ❑R-2 El R-3 El B-1 El B-2 El HB El SCC El LCC El CBD GC ❑AS El RD ❑M-1 El M-2 4.EXISTING FUTURE LAND USE DESIGNATION: 71 Low Density Residential El Mixed Residential ❑Community Mixed-Use El Commercial Mixed-Use El CBD Commercial Core El Regional Commercial El Industrial 5.DESIRED FUTURE LAND USE DESIGNATION: ❑Low Density Residential El Mixed Residential El Community Mixed-Use IZI Commercial Mixed-Use El CBD Commercial Core El Regional Commercial El Industrial 6.PUBLIC FACILITIES AND SERVICES AVAILABLE: Transportation El Rights-Of-Way ®Police And Fire Protection lJ Parks And Trails El Schools El Water VI Sewer Storm Drainage ®Electricity Natural Gas IZ1 Telephone El Cable TV PART III-REQUIRED ATTACHMENTS 1.MAPS:Maps of the subject property indicating roads,any area designated as critical areas,the future land use designation of adjacent properties,and current&proposed future land use designations. Maps are to be provided in both an 8-1/2"by 11"and 11"by 17"format and to a standard engineering scale(e.g. 1:20). 2. SUBMITTAL FOR POLICY/REGULATORY AMENDMENTS: Identification of the proposed amendment indicating the section and paragraph location for the current Comprehensive Plan provision sought to be changed,if any, and including,for text amendments,the specific text sought to be added or amended.(attach) 3.WRITTEN NARRATIVE(required.see attached):(stating the reasons for the request for the amendment and explaining how the proposed amendment meets the criteria in YMC§ 16.10.040) 4. TRAFFIC CONCURRENCY(may be required) 5. ENVIRONMENTAL CHECKLIST(required) 6. SITE PLAN 7. AUTHORIZATION: I hereby authorize the submittal of this Comprehensive Plan Amendment Application to the City of Yakima for review. Ede.. X. CCOWeee. April 30,2024 Property Owner Signature(required) Date Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima,WA or 509-575-6183 Revised 7/2023 Page 14 s C ... . L_.._.ry.. 340 RECEIVED APR e3 0 2024 site' s Y Supplemental Application For: a' .A ii'Vii G DIV, AMIVEMI%wit. AM__ COMPREHENSIVE PLAN AMENDMENT YAKIMA MUNICIPAL CODE CHAPTER 16.10 Planning PART IV—NARRATIVE(SUBMIT ANSWERS ON SEPARATE SHEET OF PAPER IF NEEDED) 1. Does your proposal address circumstances that have changed since the last time the relevant comprehensive plan map or text was considered? If so,how? Comprehensive Healthcare received a grant from the Washington State Department of Commerce to purchase and install container buildings for the purpose of providing mental health services.The organization would like to operate these buildings next to Camp Hope, however cannot currently do so as Offices and Clinics is not a permitted use in the SR zoning district. 2. Does your proposal better implement applicable comprehensive plan policies than the current relevant comprehensive plan map or text? If so,how? Policy 5.3.3. Support programs that offer assistance to homeless individuals and families. Amending the comprehensive plan map to change this property from Low Density Residential to Mixed Commercial would allow a concurrent rezone to GC that would permit future operation of mental health services buildings next to Camp Hope. 3. Does your proposal correct an obvious mapping error? If so,what is the error? No. 4. Does your proposal address an identified deficiency in the Comprehensive Plan? If so,what is the deficiency? As traditional residential uses are not anticipated to be developed on this Suburban Residential-zoned property,changing its future land use to Commercial Mixed-Use will allow more options for future development on the property. 5. Is the proposed Comprehensive Plan Amendment coordinated with, and take into consideration, the comprehensive plans adopted by Yakima County or cities with which the City of Yakima has, in part, common borders or related regional issues as may be required by RCW 36.70A.100? If so,how? N/A 6. Is the proposed Comprehensive Plan Amendment consistent with the Growth Management Act(GMA),RCW Ch.36.70A,and the Yakima County-Wide Planning Policy(CWPP)? If so,how? This proposal is consistent with the GMA and the CWPP by encouraging growth in urban areas where public facilities and services exist(RCW 36.70A.020(1)). 7. Have the cumulative impacts of all comprehensive plan amendments been considered in the evaluation of the proposed amendment? If so,how? Yes.This will remove 7.57 acres of Low Density Residential future land use designation. However,there are not any anticipated traditional residential uses for this area,and the City will retain excess residential land required to meet its 2040 growth target. 8. For Future Land Use Map changes please provide descriptive information regarding the property,including the status of existing land use,access to sewer and water,as well as the availability of public facilities such as schools,fire and police services. Existing land uses include Camp Hope and the City of Yakima Wastewater Treatment Plant.All parcels have access to sewer, public streets,and full city services. Revised 7/2023 DO Page 15 C. INDEX 341 1f 6; t7;� �f' �a', ..i 1 l, l Legal Descriptions 191329-41406 The East 250.57 feet of the North 1/2, and all of the South % of Tract 33 of GOODWIN'S FIVE ACRE TRACTS, according to the official plat thereof, recorded in Volume "A" of Plats, Page 18, records of Yakima County, Washington. Situated in Yakima County, State of Washington. 191329-41410 Tract 40 of GOODWIN'S FIVE ACRE TRACTS, according to the official plat thereof, recorded in Volume "A" of Plats, Page 18, records of Yakima County, Washington. Situated in Yakima County, State of Washington. 191329-41412 The East 250.57 feet of Lots 25 and 32, GOODWIN'S FIVE-ACRE TRACTS, according to the official plat thereofrecorded in Volume 'A' of Plats, Page 18, records of Yakima County, Washington, lying Southerly of State Route 24; EXCEPT any portion lying within the following described parcel: That part of Lots 25 and 32 of GOODWIN'S FIVE ACRE TRACTS, according to the official plat thereofrecorded in Volume 'A' of Plats, Page 18, records of Yakima County, Washington and of the Southwest quarter of Section 28 and the Southeast quarter of Section 29, Township 13 North, Range 19 East, W.M., described as follows: Commencing at the East quarter corner of said Section 29; Thence North 89°17'40" West along the North line of the Southeast quarter of said Section 29 a distance of 205.60 feet to the Northerly extension of the"W-Line" shown on Washington State Department of Transportation (WSDOT) Right of way plans "SR 82 SR 24 Interchange" date March 26, 2004; Thence South 0°25'20"West along said "W-Line" and its Northerly extension 396.05 feet; Thence South 89°34' 40" East 70.00 feet the Easterly Right of way line of South 22nd Street as shown on said WSDOT right of way plans and the Point of Beginning; Thence North 0°25'20" East along said right of way line 138.99 feet to an angle point in the Southerly right of way line of State Route 24: Thence North 59°34'05" East along said right of way line 86.13 feet to a point of curve concave to the Southwest, the center of said curve bearing South 18°19'49"West 1575.00 feet; Thence Southeasterly along said curve consuming a central angle of 17°23 '43" an arc length of 4 78.18 feet; 342 Thence North 71 °25' 18"West 21.68 feet to the point of curvature of curve concave to the South and having radius of 45.00 feet; Thence Southwesterly along said curve consuming a central angle of 86°3 8' 51" an arc length of 68.05 feet; Thence South 21 °56'01"West 39.49 feet to the point of curvature of a curve concave to the Northwest and having a radius of 400.00 feet; Thence Southwesterly along said curve consuming a central angle 23 °3 7' 3 7" an arc length of 164.95 feet; Thence South 45°33'39 West 25.92 feet to the point of curvature of a curve concave to the Northeast and having a radius of 82.00 feet; Thence Northwesterly along said curve consuming central angle of 126°10'43" an arc length of 180.58 feet; Thence North 8°15'39"West 73.57 feet to the point of curve concave to the Southwest and having a radius of 125.00 feet; Thence Northwesterly along said curve consuming a central angle of 61 °58127" and arc length of 135.21 feet; Thence North 70°14'06" West 72.45 feet to the Point of Beginning; Situate in Yakima County, State of Washington. OTY P Do . IND 343 CITY OF YAKIMA CPA#004-24, RZ#004-24, SEPA#007-24 EXHIBIT LIST CHAPTER E Public Notices DOC DOCUMENT DATE INDEX# - E-1 Affidavit of Posting 06/11/2024 E-2 Notice of Complete Application 07/24/2024 E-3 Notice of Application, Environmental Review 08/13/2024 E-3a: Press Release and Distribution Email E-3b: Parties and Agencies Notified E-3c: Affidavit of Mailing E-4 Notice of Public Hearing & DNS 08/29/2024 E-4a: Legal Ad E-4b: Press Release and Distribution Email E-4c: Parties and Agencies Notified E-4d: Affidavit of Mailing E-5 YPC Agenda & Packet Distribution List 09/18/2024 E-6 YPC Agenda & Sign-in Sheet 09/25/2024 Notice of Yakima Planning Commission's Recommendation (See DOC INDEX#AA-1 for YPC Recommendation)E-7 10/11/2024 E-7a: Parties and Agencies Notified E-7b: Affidavit of Mailing E-8 Letter of Transmittal to City Clerk: City Council Hearing 10/16/2024 (Mailing Labels & Maps) E-9 Notice of City Council Public Hearing on 11/19/2024 10/18/2024 344 �'` 11 t4-; OFFICE OF THE CITY CLERK r` � r 129 North Second Street I'� •f ' Yakima, Washington 98901 - Phone (509) 575-6037 • Fax (509) 576-6614 YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING 2024 COMPREHENSIVE PLAN AMENDMENTS & CONCURRENT REZONE APPLICATION NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct an open record public hearing to consider the Yakima Planning Commission's recommendations concerning the 2024 Comprehensive Plan Amendment and rezone applications. Open Record Hearing means public testimony will be allowed and may be considered in the final decision. The Washington State Growth Management Act requires cities and counties to adopt land use regulations that are consistent with and implement their comprehensive plan. For 2024, the City of Yakima received a total of four requests to amend the City's Future Land Use Map and rezone process. The following request has been scheduled for public hearing: CPA#004-24, RZ#004-24 — City of Yakima — request to change the Future Land Use Map designation for three parcels (now four parcels following a lot line adjustment) from Low Density Residential to Commercial Mixed Use and concurrent rezone from Suburban Residential (SR) to General Commercial (GC) to allow the operation of a mental health services clinic adjacent to Camp Hope, located at 2300 East Birch Street. Said public hearing will be held Tuesday, November 19, 2024, at 6:00 p.m., or soon thereafter as the matter may be heard, in the Council Chambers at Yakima City Hall, 129 North 2nd Street, Yakima, WA. Any interested person wishing to provide testimony on this proposal is welcome to attend the public hearing in person or via Zoom (information on the agenda). The City Council agenda will be posted online at: https:/iwww,vakimawa.govicounciliagendas-and-rninutes/ Or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2"d Street, Yakima, WA 98901'; or, 2) E-mail your comments to citvcouncilCavakirrtawa,gov Include "CPA#004-24 City of Yakima"in the e-mail subject line. Please also include your name and mailing address. Contact the City of Yakima Planning Division, for additional information at (509) 575-6183 or by e-mail at ask.planninc1c vakimawa.gov Rosalinda Ibarra, City Clerk Dated and published this 191h day of October, 2024. Doc. Yakima INDEX bdtd '1 2015 1994 345 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Eva Rivera, as an employee of the City of Yakima, Planning Division, have transmitted to: Rosalinda Ibarra, City Clerk,by hand delivery, the following documents: 1. Mailing labels for CPA#004-24, RZ#004-24 -City of Yakima. 2. E-mail distribution lists for In-House, Local Media, and SEPA Reviewing Agencies. 3. Site Plan and Vicinity Map Signed this 16th day of October 2024. Eva era Planning Technician Received By: Date: _ I 0/I,vA,?6, V DOC. INDEX 346 Rivera, Eva From: Rivera, Eva Sent: Wednesday, October 16, 2024 9:33 AM To: Ibarra, Rosalinda Subject: Mailing for City Council Hearing - City of Yakima - CPA#004-24, RZ#004-24, SEPA# 007-24 Attachments: Local Media List_07/03/2024; In-House Distribution E-mail List_updated 10.14.2024; SEPA Reviewing Agencies E-mail Distribution List_Updated 08.01.2024 Hi Rosalinda, On October 15,the City Council set November 19 as the public hearing date for Comp Plan Amendment-CPA#004-24, RZ#004-24,SEPA#007-24 . Could you please provide the City Council public hearing notice to the following email distribution lists: • In-house Distribution • SEPA Reviewing Agencies • Local Media List Additionally, please email the notice to the following parties of record, interested parties, and project representatives. Email kellie@yakimagreenway.org konner@vakimagreenway.org vakimagreenway.org taylor.stormo@comphc.org melissa.wilson@comphc.org carmodv@mftlaw.com Jodi,dalv@comphc.org mit@tkglawfirm.com ...4 . 1 f s Eva Rivera 7- ,, ) -,/ ,iiirtik Planning Technician 7. . , Phone:509-575-6261 eva.nvera@yakimawa.gov This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. DOC. 1 INDEX 347 19132941401 19132941409 19132941408 AREC 33 LLC ASAH LLC CITY OF YAKIMA PO BOX 29046 600 N 75TH AVE 129 N 2ND ST PHOENIX,AZ 85038 PHOENIX,AZ 85043 YAKIMA,WA 98901 19132832006 19132941406 1913294141(l-' YAKIMA CITY YAKIMAACITY YAKIMA-CITY 129 N 2ND ST 129 N2ND ST ,129-N 2ND ST YAKIMA,WA 98901 YAKIMA,WA 98901 YAKIMA,WA 98901 19132941411 19132941412 19132944003 YAKIMA CITY YAKIMA CITY YAKIMA CITY-' ' 129 N 2ND ST 129 N gND'ST 129 N,2ND ST YAKIMA,WA 98901 YAKIMA,WA 98901 YAKIMA,WA 98901 9 Total Parcels-City of Yakima-CPA#004- 24, RZ#004-24, SEPA#007-24 K.1%__ Ot 00-- [kr-49,A\I:6-- art bOlik ; I t 9/lAf DOC. INDEX , 348 Ahtanum Irrigation District Cascade Natural Gas Century Link Beth Ann Brulotte 8113 W Grandridge Blvd 8 South 2nd Ave, Rm#304 10705-B Gilbert Road Kennewick,WA 99336 Yakima,WA 98902 Yakima,WA 98903-9203 bethb@ahtanum.net Charter Communications City of Union Gap City of Yakima-Airport 1005 North 16th Ave Jason Cavanaugh Jaime Vera Yakima,WA 98902 P.O. Box 3008 2400 West Washington Ave Union Gap,WA 98903 Yakima,WA 98903 Jason.cavanaugh@uniongapwa.gov jaime.vera@yakimawa.gov Yakima Valley Canal Co City of Yakima-Wastewater Division City of Yakima-Wastewater Division Robert Smoot Dana Kallevig Marc Cawley 1640 Garretson Lane 2220 East Viola Ave 2220 East Viola Ave Yakima,WA 98908 Yakima,WA 98901 Yakima,WA 98901 dana.kallevig@yakimawa.gov marc.cawley@yakimawa.gov Federal Aviation Administration Greater Yakima Chamber of Commerce Naches Cowiche Canal Association 2200 W.Washington Ave 10 North 9th Street PO Box 9635 Yakima,WA 98903 Yakima,WA 98901 Yakima,WA 98909 chamber@yakima.org NachesCowicheCanal@gmail.com North Yakima Conservation District Office of Rural and Farm Worker Housing Pacific Power 1606 Perry Street, Ste. C Marty Miller Mike Paulson Yakima,WA 98902 1400 Summitview Ave, Ste#203 500 North Keys Rd Yakima,WA 98902 Yakima,WA 98901 Martym@orfh.org United States Postal Service Yakima Valley Trolleys WA State Attorney General's Office David James PO Box 796 1433 Lakeside Court, Ste# 102 205 W Washington Ave Yakima,WA 98907 Yakima,WA 98902 Yakima,WA 98903 info@yakimavalleytrolleys.org david.r.james@usps.gov WA State Department of Agriculture WA State Department of Archaeology& WA State Department of Commerce Kelly McLain Historic Preservation Review Team PO Box 42560 1063 S Capitol Way, Ste 106 1011 Plum St SE Olympia,WA 98504 Olympia,WA 98504-8343 Olympia,WA 98504-3172 kmclain@agr.wa.gov Sepa@dahp.wa.gov reviewteam@commerce.wa.gov WA State Department of Ecology WA State Department of Ecology WA State Department of Ecology Annie Szvetecz Gwen Clear Lori White P.O. Box 47703 1250 W Alder St lori.white@ecy.wa.gov Olympia,WA 98504-7703 Union Gap,WA 98903 Upload Docs to SEPA Register crosepacoordinator@ecy.wa.gov WA State Department of Ecology WA State Department of Ecology WA State Department of Energy Facility Rhonda Luke sepaunit@ecy.wa.gov Site Evaluation Council-EFSEC FormerOrchards@ecy.wa.gov PO Box 43172 Olympia,WA 98504-3172 efsec@utc.wa.gov WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife Janell Shah Scott Downes TeamYakima@dfw.wa.gov j.shah@dfw.wa.gov Scott.Downes@dfw.wa.gov DO C. DOC. INDEX t'....�._ 349 WA State Department of Fish and Wildlife, WA State Department of Health WA State Department of Health, Office of SEPA Desk Kelly Cooper Drinking Water PO Box 43200 PO Box 47820 Jamie Gardipe Olympia,WA 98504 Olympia,WA 98504 16201 E Indiana Ave, Ste#1500 R3planning@dfw.wa.gov Kelly.cooper@doh.wa.gov Spokane Valley,WA 99216 Jamie.gardipe@doh.wa.gov WA State Department of Health, Office of WA State Department of Natural WA State Department of Social& Health Drinking Water Resources, SEPA Center Services, Office of Capital Programs SEPA.reviewteam@doh.wa.gov PO Box 47015 Larry Covey Olympia,WA 98504 P.O. Box 45848 sepacenter@dnr.wa.gov Olympia,WA 98504 larry.covey@dshs.wa.gov WA State Department of Transportation WA State Department Transportation South WA State Department Transportation, Paul Gonseth Central Region Planning Office Aviation Division 2809 Rudkin Road SCplanning@wsdot.wa.gov AviationLandUse@wsdot.wa.gov Union Gap,WA 98903 gonsetp@wsdot.wa.gov West Valley School District WA State Governor's Office of Indian Affairs WA State Parks&Recreation Commission Dr. Peter Finch PO Box 40909 Jessica Logan 8902 Zier Road Olympia,WA 98504 P.O. Box 42650 Yakima,WA 98908 Olympia,WA 98504 finchp@wvsd208.org sepa@parks.wa.gov Yakama Bureau of Indian Affairs Rocco Clark Yakama Bureau of Indian Affairs Yakima Valley Trolleys P.O. Box 632 Nichole Pebeahsy Paul Edmondson Toppenish,WA 98948 P.O. Box 632 313 North 3rd Street Rocco.clark@bia.gov Toppenish,WA 98948 Yakima,WA 98901 nichole.pebeahsy@bia.gov West Valley School District Yakama Bureau of Indian Affairs Joe Connolly P.O. Box 632 Yakama Indian Nation,Yakima Tribal 8902 Zier Road Toppenish,WA 98948 Council Yakima,WA 98908-9299 Ruth Jim connollyw@wvsd208.org P.O. Box 151 Toppenish,WA 98948 Yakama Nation Environmental Management Yakama Indian Nation, Cultural Resources Yakima County Building Department Program Program Marivel Garcia Elizabeth Sanchey Johnson Meninick 128 North 2nd Street,4th Floor P.O. Box 151 P.O. Box 151 Toppenish,WA 98948 Toppenish,WA 98948 Yakima,WA 98901 esanchey@yakama.com marivel.garcia@co.yakima.wa.us Yakima County Commissioners Yakama-Klickitat Fisheries Project Yakima County Health District Commissioners.web@co.yakima.wa.us John Marvin760 Pence 1210 AhtanumRidge Dr Ste#200 Yakima,WA 98909 Road Union Gap,WA 98903 marj@yakamafish-nsn.gov yhd@co.yakima.wa.us jmarvin@yakama.com Yakima County Health District Yakima County Planning Division Ryan Ibach Yakima County Public Services Jason Earles 1210 Ahtanum Ridge Dr Ste#200 Lisa Freund 128 North 2nd Street,4th Floor Union Gap,WA 98903 128 North 2nd Street,4th Floor Yakima,WA 98901 ryan.ibach@co.yakima.wa.us Yakima,WA 98901 Jason.Earles@co.yakima.wa.us lisa.freund@co.yakima.wa.us Yakima County Water Resources Division Yakima County Planning Division Yakima Waste Systems Troy Havens Tommy Carroll ark Lanter 128 North 2nd Street,4th Floor 128 North 2nd Street,4th Floor Mark Box nter Yakima,WA 98901 Yakima,WA 98901 Troy.Havens@co.yakima.wa.us Thomas.Carroll@co.yakima.wa.0 w 2830 Yakima,WA 98907 sallow. mark.lanter@wasteconnections.com INDEX � �._.. . 350 Yakima-Tieton Irrigation District Sandra Hull Yakima Greenway Foundation Yakima School District 470 Camp 4 Rd Kellie Connaughton Stacey Locke Yakima,WA 98908 111 South 18th Street 104 North 4th Ave Yakima,WA 98901 Yakima,WA 98902 kellie@yakimagreenway.org locke.stacey@ysd7.org Yakima Regional Clean Air Agency Yakima School District Yakima Valley Museum Hasan Tahat Jay Baucom old 186 Iron Horse Ct#101 104 North 4th Ave Pete Tieton Arnold Drive Yakima,WA 98901 Yakima,WA 98902 Yakima,WA 98902 hasan@yrcaa.org baucom.jay@yakimaschools.org lizr@yvmuseum.org Yakima School District Trevor Greene 104 North 4th Ave Yakima,WA 98902 greene.trevor@ysd7.org SEPA REVIEIWNG AGENCIES UPDATED 08/01/2024 Type of Notice: i V aa/ 1 File Number: CPP d u' / / MO 14 01 _ Date of,Imo` 11 1 ( I •q - DOC. INDEX 351 In-House Distribution E-mail List Revised 10/14/2024 Name Division E-mail Address Jaime Vera Air Terminal Jaime.Vera(alvakimawa.gov Silvia Corona Clerk's Office Silvia.Corona[cixyakimawa.gav Glenn Denman Code Administration Glenn.Denman@yakimawa.gov Julia Rosales Code Administration julia.rosalestr,vakimawa.gov John Zabel! Code Administration John,Zabell@yakimawa.gov Pedro Contreras Code Administration Pedro.Contrerasfayakimawagov Suzanne DeBusschere Code Administration Suzanne.Debusschere(iyakimawa.gov Lisa Maxey Community Development Lisa.Maxevfavakimawa.gov Kirsten McPherson Engineering Kirsten.McPherson@iyakimawa.gov Aaron Markham Fire Aaron.markham@yakimawa.gov - Jeremy Rodriguez Fire Jeremy.Rodriguezfayakimawa.gov Sara Watkins Legal Sara,Watkins@yakimawa.gov. Trevor Martin Planning trevor.martin t+,yakimawa.gov Eva Rivera Planning Eva.rivera@vakimawa.aov Shawn Boyle Police . Shawn.boyle[cyakimawa.gov - Scott Schafer Public Works Scott.Schafer(tlyakimawa.gov Leovardo Cruz Refuse Leovardo.Cruz(c, vakimawa.gov _ Randy Layman Refuse Randy.Lavman a yakimawa.Rov Gregory Story Transit Gregory.Story(a7vakimawa.gov Anabel Chavez Utilities anabel.chavezcc vakimawa.gov Dana Kallevig Wastewater Dana.Kalleviggyakimawa.gov Randy Meloy Wastewater Randv.Melov(ivakimawa.aov Mike Shane Water/Irrigation Mike.Shane@yakimawa.gov Chris Redick Water/Irrigation Chris.redick[tr7,vakimawa.goy Chris Kohler GIS Chris.kohler(rvakimawa.gov Outside Distribution Name Address Notified? (Subdivision notices ONLV 500 N Keys Rd,Yakima,WA 98901 ❑ Yes 0 No _Pacific Power Attn: Estintatittg Department 111 University Parkway,Suite 200 0 Yes 0 No (Projects AdjacenttoBNSF Right of Way ONLY) Yakima,WA 98901 (509)453-9166 Central Washington Railroad Tim Marshall,General Manager,tmarshall@ebrr.com 0 E-mail Kim Yeager,Real Estate Manager,kyeager(a ihdllc.com_ (Shoreline notices ONLY) 0 E-mail Department of Ecology crasena�a?ecv.wa,nov Additional Parties of Record or Interested Parties Notified Name Address E-mail GOY m G 10-.SbIrm a6 oi np�ta• j\. LtLS& W)I 549i mac s.a,Wticbri3O,C'0sry•r3hrr0ii bum twiltnl l saki Type of Notice: { v t i ati Ca � File Number(s): f Date ofAlaitirtg: /i ]1 y1 /atW afl. (-- 4" S iu S 352 Rivera, Eva From: Watkins, Sara Sent: Friday, July 19, 2024 3:54 PM To: Martin, Trevor Cc: Rivera, Eva Subject: Contact information to add to notice Hi Trevor, Can you add the following people to the notice list for the Comp Plan Amendment/Rezone of the city property near Camp Hope? Jodi Daly Jodi.daly@comphc.org David-IVIoara. toiiep -9a5+i t aeNr eras .-. Michael Thorner mjt@tliglawfirm.com Thanks! Sara Watkins City Attorney (She her, hers) City of Yakima Legal Department South Third St --t FI i Yakima WA 98901 P 509 575 6030 F 509 575 6160 sara.watIcins@yakimawa.gov Priviiege1 & Confidentiai Covered by he Attorney-Client&Attorney Work Prociuct Privileges INDEx 353 Rivera, Eva From: Crowell, Eric Sent: Thursday, August 22, 2024 4:56 PM To: Rivera, Eva Subject: Additional contacts for CPA#004-24 Eva, Please add the following contacts to the email and mailing list for CPA#004-24: Yakima Greenway Foundation 111 S. 18th St. Yakima, WA 98901 Konner@yakimagreenwav_.org kel liePva kimagreenway.org Eric M. Crowell Senior Planner City of Yakima 129 N. 2nd St. Yakima, WA 98901 (509) 576-6736 eric.crowellCDvakimawa.gay DOC. INDEX 1 354 T 7 .. - -- - s1 -- — it rer ;it-•:• C pillfrt- :r -!'!. 1S.i31 '4,5- N -�•!TOM: ,. _ II o �r w R. v IPQ a s ' a ,•. .i. . N XI I kr, a ,.-t. . 'gam ,, - W a , I yIR =1Cs 3 yy or '`a, ', '�' m ' - .- Qc` N 3 a 'I _. n cu o ., 3 - • 1 3 x• J ' •a • co Ni r' 0 1 CD co z d , ;i f '+f+ I/ 40_ (D 1 C/04 " - - ' U1 NJ n 2 CD- -4 w n' ii �11 3 ' �'� �{ a ! o 70 `" • s ;II` .�7 (D D . ... tn \ 107 .� - 1n1 mt. , ~-f J _o s � r> 3 %.,.' N,./ F , & i i - , d I 1. is A ,C'A� 0 E n f 1 q O'.'_,f-.;.,.-/..7,.'.,e'_'.,,...-,77-.,...-,•':::r.:-.' 0 N N I t# .lyrr ' r ' —. -J N Ne iiiiew� ♦ i a. s Dikeo f m INDEX _ h Project Name: CITY OF YAKIMA ®i• •i" Site Address: 2300 E BIRCH ST AIM lit_ Planning File Number(s): CPA#004-24, RZ#004-24, SEPA#007-24 Proposal: Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR)to General Commercial (GC)to allow the operation of mental health services clinics adjacent to Camp Hope. N VICINITY MAP 0 1 \\, '''.-----"--....___________\_, cen _t N:18.z, \ ie f, Yal,lin, Nr r 1-umane OMry E;NoblHiIUUBlvd - • \ E 1 \ ..,,, 19tr;-.77,,ntittr___ t I ail SI goialte Fleej\\\1\l SITE rrre • I _ -----\\ \ 11 ____k. \ . \ i JI2c r r n cc W - Map Disclaimer: Information shown on this map is for planning and illustration purposes only.The City of _ �f •, Yakima assumes no liability for any errors,omissions,or inaccuracies in the information provided or for any l ^jl action taken,or action not taken by the user in reliance upon any maps or information provi 91fi ein. 7 Date Created: 5/7/2024 -- INDEX j� 356 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: CPA#004-24, RZ#004-24, SEPA#007-24 CITY OF YAKIMA 2210 &2300 E BIRCH ST I, Eva Rivera, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Yakima Planning Commission's Recommendation to City Council; a true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all parties of record; that said parties are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 11th day of October 2024. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Eva Rivera Planning Technician UOC. INDEX 357 19132941401 19132941409 19132941408 AREC 33 LLC ASAH LLC CITY OF YAKIMA PO BOX 29046 600 N 75TH AVE 129 N 2ND ST PHOENIX,AZ 85038 PHOENIX,AZ 85043 YAKIMA,WA 98901 19132832006 19132941406 19132941410 YAKIMA CITY-. ' YAKIMA CITY YAKIMA CITY 129 N 2ND'ST 129•N'2ND ST 129 N 2ND ST YAKIMA,WA 98901 f.--'YAKIMA,WA 98901 YAKIMA,WA 98901 19132941411 _. 19132941412 19132944003_ YAKIMA C)TY YAKIMA CITY YAKIMA CITY 129 N 2Nt ST 129 N 2ND ST 129 N-2ND ST YAKIMA,WA 98901 YAKIMAVVA 98901 YAKIMA,WA 98901 9 Total Parcels-City of Yakima-CPA#004- 24, RZ#004-24, SEPA#007-24 14a kk- 1(0_, .4,. Stink V30 Sul tioc. INDEX 358 Rivera, Eva From: Watkins, Sara Sent: Friday, July 19, 2024 3:54 PM To: Martin, Trevor Cc: Rivera, Eva Subject: Contact information to add to notice Hi Trevor, Can you add the following people to the notice list for the Comp Plan Amendment/Rezone of the city property near Camp Hope? Jodi Daly Jodi.daiv@comphc.org l ;d.aoor.a. no Lc cr f '7 ehims $eaoid. Michael Thorner mjt@tkgiawfirm.com Thanks! Sara Watkins City Attorney (She, her hers) City of Yakima Legal Department 200 South Third Street 2' Fl Yakima WA 98901 P: 509 575 6030 I F 509.575 6160 .sara.watkins{Iyakirnawa.Aov Privileged & Confidential, Covered by the Attorney-Client&Attorney Work Product Privileges D C. INDEX 1 # t% c 359 Rivera, Eva From: Crowell, Eric Sent: Thursday, August 22, 2024 4:56 PM To: Rivera, Eva Subject: Additional contacts for CPA#004-24 Eva, Please add the following contacts to the email and mailing list for CPA#004-24: Yakima Greenway Foundation 111 S. 18th St. Yakima,WA 98901 Konner@vakimagreenway.org kellie@vakirnagreenway.org Eric M.Crowell Senior Planner City of Yakima 129 N. 2nd St. Yakima,WA 98901 (509) 576-6736 eric.crowel I@ya kimawa.gov DOC. INDEX 360 h In-House Distribution E-mail List Revised 10/03/2024 Name Division E-mail Address Jaime Vera Air Terminal Jaime.Vera@yakimawa.gov Silvia Corona Clerk's Office Silvia.Corona 2 iyakimawa.gov Glenn Denman Code Administration Glenn.Denman@vakimawa.gov Julia Rosales Code Administration julia.rosales(Dyakimawa.aov John Zabel! Code Administration John.Zabell@vakirnawa.gov yakimawa.gov Pedro Contreras Code Administration Pedro.Contreras(vakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschere(a7,yakimawa.gov Lisa Maxey Community Development Lisa.Maxevtyakianawa.gov _Kirsten McPherson Engineering Kirsten.McPherson@yakimawa.gov Aaron Markham Fire Aaron.markham@yakimawa.gov Jeremy Rodriguez Fire Jeremy.Rodriguexa.yakimawa.aov Sara Watkins Legal Sara.Watkins(riyakimawa.gay. Trevor Martin Planning trevor.martin@vakimawa.gov vakimawa.gov Eva Rivera Planning Eva.rivera ayakimawa,gov Shawn Boyle Police Shawn.boyle@vakimawa.Qov Scott Schafer Public Works Scott.Schafer@vakimawa.gov vakimawa.gov Leovardo Cruz Refuse Leovardo.Cruz@yakimawa.gov Randy Layman Refuse Randv.Layman(ayakimawa.2ov Gregory Story Transit GregorvStory r+.yakimawa_gov Anabel Chavez Utilities anabel.chavez(vakimawa.aov Dana Kallevig Wastewater Dana.Kalleviga.vakimawa.Wov Randy Meloy Wastewater Randy.Melov@yakimawa.gov Mike Shane Water/Irrigation Mike.Shanc rja yakimawa.gov Chris Kohler GIS Chris.kohler@yakintawa.gov Outside Distribution 1 Name Address Notified? (Subdivision notices ONLY) 500 N Keys Rd,Yakima,WA 98901 0 Yes KNo _Pacific Power Attn: Estimating Department 111 University Parkway,Suite 200 ❑ Yes KNo (Projects Adjacent to BNSF Right of Way ONLY) Yakima,WA 98901 (509)453-9166 _ Central Washington Railroad Tim Marshall,General Manager,tmarshall(iiiebrr.com ❑ E-mail Kim Yeagker,Real Estate Manager,kyeager ihdllc.com 'Shoreline notices ONLY) CrosepartfCcy.wa.gov ❑ E-mail Department of Ecology Additional Parties of Record or Interested Parties Notified Name Address E-mail \,1 RI I .i ce l l , ( -�'�- ram, Oi :it I Kt)n r rki I s )ii-ki., --. Nit ►-ti' rt I b i c l Liv.Eir.66, to. tvN-k , 1 c;1JN- kve, ,?Kau"- 745q.- OCUllr aii" rAfkkOICI •(C1--'NO Y A 1 eiLV Typeototice 1 File Number(s): r1 03k.k a v—'j.tW Date of Mailing: T lb �I I 1 -c) (IC I `� h � p0,t" 1 l�v'�� �� l�\vn v. Llau yv �v v� Dorn ` 61,\ic °4 -- G,,�( r, StYoYou 1'1 �o' vc/ro.,Gtn. INDEX 361 Rivera, Eva From: Rivera, Eva Sent: Friday, October 11, 2024 2:38 PM To: Konner Subject: FW: NTC OF YPC REC - CITY OF YAKIMA- CPA#004-24, RZ#004-24, SEPA#007-24 Attachments: NTC OF YPC REC_CPA#004-24.pdf From: Rivera, Eva<Eva.Rivera@yakimawa.gov> Sent: Friday, October 11, 2024 2:34 PM To: 'konnor@yakimagreenway.org'<konnor@yakimagreenway.org>; 'melissa.wilson@comphc.org' <melissa.wilson@comphc.org>; 'jodi.daly@comphc.org' <jodi.daly@comphc.org>; 'mjt@tkglawfirm.com' <mjt@tkglawfirm.com>; 'carmody@mftlaw.com' <carmody@mftlaw.com>; 'Kellie Connaughton' <kellie@yakimagreenway.org>; 'taylor.stormo@comphc.org' <taylor.stormo@comphc.org>; Boyle, Shawn <Shawn.Boyle@yakimawa.gov>; Bradburn,Trace<Trace.Bradburn@yakimawa.gov>; Chavez,Anabel <Anabel.Chavez@YAKIMAWA.GOV>; Contreras, Pedro<Pedro.Contreras@YAKIMAWA.GOV>; Corona, Silvia <Silvia.Corona@yakimawa.gov>; Cruz, Leovardo<Leovardo.Cruz@YAKIMAWA.GOV>; DeBusschere, Suzanne <suzanne.debusschere@yakimawa.gov>; Denman, Glenn<Glenn.Denman@yakimawa.gov>; Kallevig, Dana <Dana.Kallevig@yakimawa.gov>; Kohler,Chris<Chris.Kohler@yakimawa.gov>; Layman, Randy <Randy.Layman@yakimawa.gov>; Markham, Aaron <aaron.markham@yakimawa.gov>; Martin,Trevor <Trevor.Martin@yakimawa.gov>; Maxey, Lisa<Lisa.Maxey@YAKIMAWA.GOV>; McPherson, Kirsten <Kirsten.McPherson@yakimawa.gov>; Meloy, Randy<Randy.Meloy@yakimawa.gov>; Rivera, Eva <Eva.Rivera@yakimawa.gov>; Schafer,Scott<Scott.Schafer@yakimawa.gov>;Shane, Mike <Mike.shane@yakimawa.gov>; Story, Gregory<Gregory.Story@yakimawa.gov>;Vera,Jaime <Jaime.Vera@yakimawa.gov>; Watkins,Sara<Sara.Watkins@YAKIMAWA.GOV>;Zabel!,John <John.Zabell@yakimawa.gov> Cc: Crowell, Eric<Eric.Crowell@YAKIMAWA.GOV> Subject: NTC OF YPC REC-CITY OF YAKIMA-CPA#004-24, RZ#004-24,SEPA#007-24 Good afternoon, I have attached a Notice of the Yakima Planning Commission's Recommendation for the project mentioned above. If you have any inquiries about this proposal, please contact the assigned planner, Eric Crowell, at eric.crowe[I@yakiIna‘va, o . Thank you for your time. !f Eva Rivera • •-•- Planning Technician • Phone:509-575-6261 ' li ra f .• . _ eva.rivera@yakimawa.gov — DOa 362 01�''4N",v, COMMA DEVELOPMENT DEPARTMENT 41101%k 0 f�'o,�y Bill Preston,P.E.,Director s • , r.. Trevor Martin,AICP,Manager �, 'J Planning Division F cor 129 North Second Street,2nd Floor Yakima, Washington 98901 'N,.('''�RA,�1, '''�- Phone (509) 575-6183 • Fax (509) 575-6105 • Email:ask.planning@yakimawa.gov NOTIFICATION OF THE YAKIMA PLANNING COMMISSION'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL DATE: October 11, 2024 TO: Applicant, Adjoining Property Owners and Parties of Record SUBJECT: Notice of the Yakima Planning Commission's Recommendation FILE #(S): CPA#004-24, RZ#004-24, SEPA#007-24 APPLICANT: City of Yakima PROJECT LOCATION: 2210 & 2300 E Birch St On October 9, 2024, the City of Yakima Planning Commission rendered its written recommendation on CPA#004-24,RZ#004-24,SEPA#007-24.A proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential(SR)to General Commercial (GC). A copy of the Planning Commission's Findings and Recommendation is enclosed. The Planning Commission'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 the City of Yakima Planning Division at(509) 575- 6183 or email: ask.piaaning@vakimawa.gov va Rivera Planning Technician Date of Mailing: October 11, 2024 Enclosures: Planning Commission's Recommendation Yakima , INDEX IIiP' 1015 363 L O tj L 3 ___:_i (..-\`': 0 b \ c " 14 0 t tu N 1 C: N n J — i. v'i •si N W L �.. eC CD GO ; Q; (4 Afl a; >0 CZ L) 0 s g E -d ] a` as \is E mr eg v E. A z w x x 1 i i\--)- I -A- , cn ` ` O 1NIDEX -II ;9a L (.,► .X4 44 DEPARTMENT OF COMMUNITY DEVELOPMENT • Bill Preston,P.E.,Director ril �. Trevor Martin,AICP,Manager ss[..)'.•. � Planning Division ' 129 North Second Street,2nd Floor Yakima, Washington 98901 �l�1`+j y"(-44.BR '0•-''�» Phone(509)575-6183 • Fax(509)575-6105 • Email:ask.planning@yakimawa.gov 1 CITY OF YAKIMA PLANNING COMMISSION Yakima City Hall Council Chambers 129 N 2nd Street,Yakima,WA 98901 September 25, 2024 3:00 p.m. -5:00 p.m. YPC MEMBERS: Chair Mary Place,Vice-Chair Anne Knapp,Jeff Baker, Charles Hitchcock,Leanne Hughes-Mickel,Colleda Monick,Philip Ostriem, Kevin Rangel,Arthur Salido,Frieda Stephens,and Shelley White City Council Liaison: Rick Glenn,Janice Deccio CITY PLANNING STAFF: Bill Preston (Community Development Director),Lisa Maxey(Admin.Assistant),Trevor Martin(Planning Manager),Eric Crowell(Senior Planner),Connor Kennedy (Associate Planner),Eva Rivera (Planning Technician),Irene Linos(Temp. Department Assistant I) AGENDA I. Call to Order II. Roll Call III. Staff Announcements IV. Approval of Minutes from August 14,2024 V. Public Comment VI. Study Session-TXT#003-24,SEPA#014-24 VII. Public Hearing - Applicant: City of Yakima File No.: CPA#004-24,RZ#004-24,SEPA#007-24 VIII. Other Business • Bylaws Discussion • Permitted Land Use Discussion IX. Adjourn Next Meeting:October 9,2024 DOC. INDEX The meeting will also be recorded and posted on the Y-PAC website. Visit the Yakima Planning Commission webpage for more information,including agenda packets and minutes. 365 Yakima Planning Commission - Agenda & Packet Distribution List CITY OF YAKIMA CPA#004-24, RZ#004-24, SEPA#007-24 AGENDA PACKET: YPC MEMBERS, STAFF &APPLICANT/REPRESENTATIVE/OWNER Mary Place (YPC Chair) placemlacharter.net Trevor Martin (Planning) trevor.martin(a7vakimawa.gov Leanne Hughes-Mickel (YPC) Ieanne.mickel(a7me.com Michael Brown (YPAC) michael.brown a yakirnawa.gov Charles Hitchcock(YPC) charlesphitchcock gmail.corn Bill Preston (Corn Dev) Bill.prestonayakimawa.gov Lisa Maxey (Corn Dev) lisa.maxev(c yakimawa.gov Sara Watkins (Legal) sara.watkinsa,vakimawa.gov Colleda Monick(YPC) colledamonick( gmail.com Frieda Stephens (YPC) sstrlite39950protonmail.com Anne Knapp (YPC Vice-Chair) akaknapkin(a7vahoo.com Jeff Baker(YPC) Jbakersl(a7charter.net Philip Ostriem (YPC) philipostriem@protonmail.com Shelley White (YPC) shellevw(cjohnlscott.com Arthur Salido (YPC) arthursalido(a7gmail.com Kevin Rangel (YPC) rangelestates(coutlook.com Rick Glenn (Council Liaison) rick.glenn(c yakimawa.gov Janice Deccio (Council Liaison) ianice.deccioAyakimawa.gov Eva Rivera (Planning) eva.rivera@yakimawa.gov AGENDA ONLY: PARTIES OF RECORD/INTERESTED PARTIES Name Address E-mail Address James Carmody carmodyQmftiaw.com Stephen Nugent, WSDOT 2809 Rudkin Rd, Union Gap, WA 98903 Rud Hefner, CFO RWC Int. 600 N 75th Ave, Phoenix AZ 85043 Konnor Hopkins, Yakima Greenway konnor@vakimagreenway.org Jodi Daly Jodi.dalyc comphc.org Michael Thorner rnjtAtkglawfirm.com Date Distributed: 09/19/2024 )OC. INDEX 366 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: CPA#004-24, RZ#004-24, SEPA#007-24 CITY OF YAKIMA 2210 &2300E BIRCH S I, Eva Rivera, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing & Determination of Non-Significance (DNS), true and correct copies of which are enclosed herewith; that said notices were addressed to the applicant, SEPA Reviewing Agencies,all parties of record,and all property owners of record within a radius of 300 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 this 29th day of August 2024. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Eva Rivera Planning Technician DOC. INDEX # •ram46 - 367 Ahtanum Irrigation District Cascade Natural Gas Century Link Beth Ann Brulotte 8113 W Grandridge Blvd 8 South 2nd Ave, Rm#304 10705-B Gilbert Road Kennewick,WA 99336 Yakima,WA 98902 Yakima,WA 98903-9203 bethb@ahtanum.net Charter Communications City of Union Gap City of Yakima-Airport 1005 North 16th Ave Jason Cavanaugh Jaime Vera Yakima,WA 98902 P.O. Box 3008 2400 West Washington Ave Union Gap,WA 98903 Yakima,WA 98903 Jason.cavanaugh@uniongapwa.gov jaime.vera@yakimawa.gov Yakima Valley Canal Co City of Yakima-Wastewater Division City of Yakima-Wastewater Division Robert Smoot Dana Kallevig Marc Cawley 1640 Garretson Lane 2220 East Viola Ave 2220 East Viola Ave Yakima,WA 98908 Yakima,WA 98901 Yakima,WA 98901 dana.kallevig@yakimawa.gov marc.cawley@yakimawa.gov Federal Aviation Administration Greater Yakima Chamber of Commerce Naches Cowiche Canal Association 2200 W.Washington Ave 10 North 9th Street PO Box 9635 Yakima,WA 98903 Yakima,WA 98901 Yakima,WA 98909 chamber@yakima.org NachesCowicheCanal@gmail.com North Yakima Conservation District Office of Rural and Farm Worker Housing Pacific Power 1606 Perry Street, Ste. C Marty Miller Mike Paulson Yakima,WA 98902 1400 Summitview Ave, Ste#203 500 North Keys Rd Yakima,WA 98902 Yakima,WA 98901 Martym@orfh.org United States Postal Service Yakima Valley Trolleys WA State Attorney General's Office David James PO Box 796 1433 Lakeside Court, Ste#102 205 W Washington Ave Yakima,WA 98907 Yakima,WA 98902 Yakima,WA 98903 info@yakimavalleytrolleys.org david.r.james@usps.gov WA State Department of Agriculture WA State Department of Archaeology& WA State Department of Commerce Kelly McLain Historic Preservation Review Team PO Box 42560 1063 S Capitol Way, Ste 106 1011 Plum St SE Olympia,WA 98504 Olympia,WA 98504-8343 Olympia,WA 98504-3172 kmclain@agr.wa.gov Sepa@dahp.wa.gov reviewteam@commerce.wa.gov WA State Department of Ecology WA State Department of Ecology WA State Department of Ecology Annie Szvetecz Gwen Clear Lori White P.O. Box 47703 1250 W Alder St lori.white@ecy.wa.gov Olympia,WA 98504-7703 Union Gap,WA 98903 Upload Docs to SEPA Register crosepacoordinator@ecy.wa.gov WA State Department of Ecology WA State Department of Ecology WA State Department of Energy Facility Rhonda Luke sepaunit@ecy.wa.gov Site Evaluation Council-EFSEC FormerOrchards@ecy.wa.gov PO Box 43172 Olympia,WA 98504-3172 efsec@utc.wa.gov WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife Janell Shah Scott Downes TeamYakima@dfw.wa.gov j.shah@dfw.wa.gov Scott.Downes@dfw.wa.gov DOC. INDEX 368 _,I-i- _ WA State Department of Fish and Wildlife, WA State Department of Health WA State Department of Health, Office of SEPA Desk Kelly Cooper Drinking Water PO Box 43200 PO Box 47820 Jamie Gardipe Olympia,WA 98504 Olympia,WA 98504 16201 E Indiana Ave, Ste# 1500 R3planning@dfw.wa.gov Kelly.cooper@doh.wa.gov Spokane Valley,WA 99216 Jamie.gardipe@doh.wa.gov WA State Department of Health, Office of WA State Department of Natural WA State Department of Social& Health Drinking Water Resources, SEPA Center Services, Office of Capital Programs SEPA.reviewteam@doh.wa.gov PO Box 47015 Larry Covey Olympia,WA 98504 P.O. Box 45848 sepacenter@dnr.wa.gov Olympia,WA 98504 larry.covey@dshs.wa.gov WA State Department of Transportation WA State Department Transportation South WA State Department Transportation, Paul Gonseth Central Region Planning Office Aviation Division 2809 Rudkin Road SCplanning@wsdot.wa.gov AviationLandUse@wsdot.wa.gov Union Gap,WA 98903 gonsetp@wsdot.wa.gov West Valley School District WA State Governor's Office of Indian Affairs WA State Parks& Recreation Commission Dr. Peter Finch PO Box 40909 Jessica Logan 8902 Zier Road Olympia,WA 98504 P.O. Box 42650 Yakima,WA 98908 Olympia,WA 98504 finchp@wvsd208.org sepa@parks.wa.gov Yakama Bureau of Indian Affairs Rocco Clark Yakama Bureau of Indian Affairs Yakima Valley Trolleys P.O. Box 632 Nichole Pebeahsy Paul Edmondson Toppenish,WA 98948 P.O. Box 632 313 North 3rd Street Rocco.clark@bia.gov Toppenish,WA 98948 Yakima,WA 98901 nichole.pebeahsy@bia.gov West Valley School District Yakama Bureau of Indian Affairs Joe Connolly P.O. Box 632 Yakama Indian Nation, Yakima Tribal 8902 Zier Road Toppenish,WA 98948 Council Yakima,WA 98908-9299 Ruth Jim connollyw@wvsd208.org P.O. Box 151 Toppenish,WA 98948 Yakama Nation Environmental Management Yakama Indian Nation, Cultural Resources Program Program Yakima County Building Department Elizabeth Sanchey Johnson Meninick Marivel Garcia P.O. Box 151 P.O. Box 151 128 North 2nd Street,4th Floor Toppenish,WA 98948 Toppenish,WA 98948 Yakima,WA 98901 esanchey@yakama.com marivel.garcia@co.yakima.wa.us Yakima County Commissioners Yakama-Klickitat Fisheries Project Commissioners.web@co.yakima.wa.us John Marvin Yakima County Health District 760 Pence Road 1210 Ahtanum Ridge Dr Ste#200 Yakima,WA 98909 Union Gap,WA 98903 marj@yakamafish-nsn.gov yhd@co.yakima.wa.us jmarvin@yakama.com Yakima County Health District Yakima County Planning Division Ryan Ibach Yakima County Public Services Jason Earles 1210 Ahtanum Ridge Dr Ste#200 Lisa Freund 128 North 2nd Street,4th Floor Union Gap,WA 98903 128 North 2nd Street,4th Floor Yakima,WA 98901 ryan.ibach@co.yakima.wa.us Yakima,WA 98901 Jason.Earles@co.yakima.wa.us lisa.freund@co.yakima.wa.us Yakima County Water Resources Division Yakima County Planning Division Troy Havens Tommy Carroll Yakima Waste Systems 128 North 2nd Street, 4th Floor 128 North 2nd Street,4th Floor Mark Lanter Yakima,WA 98901 Yakima,WA 98901 PO Box 2830 Troy.Havens@co.yakima.wa.us Thomas.Carroll@co.yakima.wa.(4 Yakima,WA 98907 mark.lanter@wasteconnections.com INDEX . ,LI 369 Yakima-Tieton Irrigation District Sandra Hull Yakima Greenway Foundation Yakima School District 470 Camp 4 Rd Kellie Connaughton Stacey Locke Yakima,WA 98908 111 South 18th Street 104 North 4th Ave Yakima,WA 98901 Yakima,WA 98902 kellie@yakimagreenway.org locke.stacey@ysd7.org Yakima Regional Clean Air Agency Yakima School District Hasan Tahat Jay Baucom Yakima Valley Museum 186 Iron Horse Ct#101 104 North 4th Ave Peter Arnold Yakima,WA 98901 Yakima,WA 98902 2105 Tieton Drive hasan@yrcaa.org baucom.jay@yakimaschools.org Yakima,WA 98902 lizr@yvmuseum.org Yakima School District Trevor Greene 104 North 4th Ave Yakima,WA 98902 greene.trevor@ysd7.org SEPA REVIEIWNG AGENCIES _UPDATED 08/01/2024 Type of Notice: Nk1L cksPoilia - [, +E File Number: OA tiO( ZU}j �D 1 (191940010LI Date of Mailing ON al f 7`4 DOC. INDEX 370 Rivera, Eva From: NoReply@ecy.wa.gov Sent: Thursday,August 29, 2024 2:45 PM To: Ask Planning Subject: Your SEPA Record Has Been Submitted! The Department of Ecology has received a new SEPA record from Yakima City at Yakima City of with a File Number of: SEPA#007-24, CPA#004-24, RZ#004-24. Your record is being reviewed by an administrator. From: Yakima City Email: ask.planning@yakimawa.gov Phone number: (509)575-6261 Doc. INDEX 1 371 19132941401 19132941409 19132941408 AREC 33 LLC ASAH LLC CITY OF YAKIMA PO BOX 29046 600 N 75TH AVE 129 N 2ND ST PHOENIX,AZ 85038 PHOENIX,AZ 85043 YAKIMA,WA 98901 19132832006 19132941406 19132941410 YAKIMA CITY YAKIMA CITY YAKIM Ci Y 129 N 2ND ST 129 N 2ND ST 1 2ND ST YpKiNitA,WA 98901 YAKIMA, WA 98901 AKIMA,WA 98901 19132941411 19132941412 19132944003 YAKIMA CITY YAKIMA CITY YAKIMA CITY 129 N 2ND ST 129N 2ND ST 129N 2ND ST YAKIMA,WA 98901 YAKIMA, WA 98901 YAKIMA,WA 98901 9 Total Parcels-City of Yakima-CPA#004- 24, RZ#004-24, SEPA#007-24 lit-scr4�. ' I s f\ I Duce INDEX 372 In-House Distribution E-mail List Revised 08/09/2024 Name Division E-mail Address Jaime Vera Air Terminal Jaime.Vera clivakimawa.gov Silvia Corona Clerk's Office Silvia.Corona©yakimawa.gov Glenn Denman Code Administration Glenn.Denman@yakimawa.gov Julia Rosales Code Administration julia.rosales@yakimawa.gov John Zabell Code Administration John.Zabell(r vakimawa.gov Pedro Contreras Code Administration Pedro.Contreras a,yakimawa.gav Suzanne DeBusschere Code Administration Suzanne.Debusschere@yakimawa.gov Lisa Maxey Community Development Lisa.Maxey@yakimawa.gov Bill Preston Community Development/Engineering Bill.preston ta,vakimawa.gov Kirsten McPherson Engineering Kirsten.McPherson@yakimawa.gov Aaron Markham Fire Aaron.markham@yakimawa.gov Jeremy Rodriguez Fire Jeremy.Rodriguez@yakimawa.gov_ Sara Watkins Legal Sara.Watkins@yakimawa.gov. Trevor Martin Planning trevor.martin@yakimawa.gov Eva Rivera Planning Eva.rivera@yakimawa.gov Shawn Boyle Police Shawn.boyle@yakimawa.gov Scott Schafer Public Works Scott.Schafer@yakimawa.gov Leovardo Cruz Refuse _ Leovardo.Cruz@yakimawa.gov Randy Layman Refuse Randy.Layman ci yakimawa.gov Gregory Story Transit Gregory.Story@yakimawa.gov Anabel Chavez Utilities anabel.chavez@,yakimawa.gov Dana Kallevig Wastewater _ Dana.Kallevig@yakimawa.gov Randy Meloy Wastewater Randv.Meloy@yakimawa.gov Mike Shane Water/Irrigation Mike.Shane@yakimawa.gov Outside Distribution Name Address Notified? (Subdivision notices ONLY) Pacific Power Attn:Estimating Department 500 N Keys Rd,Yakima,WA 98901 ❑ Yes No 111 University Parkway, Suite 200 ❑ Yes jl No (Projects Adjacent to BNSF Right of Way ONLY) Yakima,WA 98901 (509)453-9166 / \ Central Washington Railroad Tim Marshall,General Manager,tmarshall@cbrr.com Kim Yeager,Real Estate Manager,kyeager aiihdlIc.com ❑ E-mail a (Shoreline notices OAT t) Department of Ecology crosepa(r"r��ecy.wa.gov ❑ E-mail Additional Parties of Record or Interested Parties Notified Name Address E-mail S he Type of Notice: f �" a / publ4 +i File Number(s): ! ppidti 0-Fp!, 21-1 Date of Mailing: DiSic94 DOC. INDEX 373 Rivera, Eva From: Crowell, Eric Sent: Thursday, August 22, 2024 4:56 PM To: Rivera, Eva Subject: Additional contacts for CPA#004-24 Eva, Please add the following contacts to the email and mailing list for CPA#004-24: Yakima Greenway Foundation 111 S. 18th St. Yakima, WA 98901 Konner@vakimagreenway.org kelliePyakimagreenway.org Eric M. Crowell Senior Planner City of Yakima 129 N. 2nd St. Yakima, WA 98901 (509) 576-6736 eric.crowell@yakimawa.gov 1 374 Rivera, Eva From: Watkins, Sara Sent: Friday, July 19, 2024 3:54 PM To: Martin, Trevor Cc: Rivera, Eva Subject: Contact information to add to notice Hi Trevor, Can you add the following people to the notice list for the Comp Plan Amendment/Rezone of the city property near Camp Hope? Jodi Daly Jodi.daly@comphc.org Michael Thorner mjt@tkglawfirm.com Thanks! Sara Watkins City Attorney (She her, hers) City of Yakima Legal Department 200 South Third Street 2'd Fl Yakirna WA 98901 P• 509.575 6030 I F 509 5'75 6160 sara.watkins(ayakimawa.gov Privileged & Confidential: Covered by the Attorney-Client&Attorney Work Product Privileges DOC. INDEX 375 Rivera, Eva From: Rivera, Eva Sent: Thursday, August 29, 2024 2:36 PM To: jodi.daly@comphc.org'; 'mjt@tkglawfirm.com'; Konner; 'Kellie Connaughton'; Boyle, Shawn; Bradburn, Trace; Chavez,Anabel; Contreras, Pedro;Corona, Silvia; Cruz, Leovardo; DeBusschere, Suzanne; Denman, Glenn; Kallevig, Dana; Layman, Randy; Markham, Aaron; Martin, Trevor; Maxey, Lisa; McPherson, Kirsten; Meloy, Randy; Preston, Bill; Rivera, Eva; Schafer, Scott; Shane, Mike; Story, Gregory;Vera,Jaime; Watkins, Sara;Zabel!, John;Ahtanum Irrigation District; Cawley, Marc; City of Union Gap -Jason Cavanaugh; Greater Yakima Chamber of Commerce;Jack Wells -Yakima County Water Resources; Linos, Irene; Office Rural Farmworker Housing - Marty Miller; United States Postal Service - David James;WA DFW; WA State Dept Agriculture - Kelly McLain;WA State Dept Archaeology Historic Pres - SEPA;WA State Dept Commerce - Review Team;WA State Dept Ecology - CRO SEPA;WA State Dept Ecology - Former Orchards;WA State Dept Ecology- Lori White;WA State Dept Ecology- SEPA Unit;WA State Dept Energy Facility Site Eval; WA State Dept Fish and Wildlife - Scott Downes;WA State Dept Fish and Wildlife - SEPA;WA State Dept Fish and Wildlife -Team Yakima;WA State Dept Health -Jamie Gardipe;WA State Dept Health - Kelly Cooper; WA State Dept Health - SEPA;WA State Dept Natural Resources - SEPA Center;WA State Dept Social Health Svcs - Larry Covey;WA State Dept Transporation- South Central Region; WA State Dept Transportation - Paul Gonseth;WA State Parks and Recreation - SEPA;West Valley School District -Joe Connolly; West Valley School District - Peter Finch;WSDOT Aviation ; Yakama Bureau of Indian Affairs - Nichole Pebeahsy;Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Nation Environmental Mgmt Program - Elizabeth Sanchey; Yakama-Klickitat Fisheries Project-John Marvin;Yakama-Klickitat Fisheries Project - John Marvin;Yakima County Building Dept - Marivel Garcia; Yakima County Commissioners;Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima County Planning Division - Jason Earles;Yakima County Planning Division - Thomas Carroll; Yakima County Public Services - Lisa Freund;Yakima County Water Resources Div - Troy Havens;Yakima Regional Clean Air Agency - Hasan Tahat;Yakima School District - Stacey Locke; Yakima School District - Trevor Greene; Yakima Valley Museum; Yakima Valley Trolleys;Yakima Waste Systems; El Sol de Yakima; Fannin, John; KAPP TV News; KDNA Radio - Francisco Rios; KEPR TV News; KIMA TV News; KIT News; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV News; KNDU TV News; KUNW-TV Univision; KVEW TV News; La Casa Hogar; La Voz; Lozano, Bonnie; NWPR - Anna King; RCDR - Maria DJ Rodriguez;Tu Decides - Albert Torres;Yakima Herald - Business; Yakima Herald Republic Newspaper;Yakima Valley Business Times;YPAC - Randy Beehler;Anne Knapp;Arthur Salido; Charles Hitchcock; Colleda Monick; Deccio,Janice; Frieda Stephens (sstrlite3995@protonmail.com); Glenn, Rick;Jeff Baker; Kevin Rangel; Leanne Hughes-Mickel; Mary Place; Maxey, Lisa; Philip Ostriem; Shelley White; Watkins, Sara Cc: Crowell, Eric Subject: NTC OF PUBLIC HEARING & DNS - CITY OF YAKIMA - CPA#004-24, RZ#004-24, SEPA# 007-24 Attachments: NTC OF PUBLIC HEARING & DNS_CPA#004-24.pdf Good afternoon, DOC. INDEX 376 Attached is a Notice of Public Hearing& DNS regarding the above-entitled project. If you have any questions about this proposal, please contact the assigned planner, Eric Crowell at eric.crowell@yakimawa.gov. Thank you! ,' Eva Rivera , : Planning Technician 'ti'` --' Phone: 509-575-6261 .. --` eva.riveraGyakimawa.gov This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. DOC. INDEX 377 - CITY OF YAKIMA NOTICE OF PUBLIC HEARING DATE:08/29/2024;TO:SEPA Reviewing Agencies, Applicant,and Adjoining Property Owners; FROM:Bill Preston, P.E.,Community Development Director; SUBJECT: Comprehensive Plan Amendment, Rezone, and Environmental Review; FILE NUMBER:CPA#004-24, RZ#004-24, SEPA#007-24; APPLICANT: City of Yakima (129 N.2nd St.,Yakima,WA 98901);PROJECT LOCATION:2300 E. Birch St.;PARCEL NUMBER: 191329-41406,-41410,& 41412;PROJECT DESCRIPTION Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential(SR)to General Commercial(GC).The intent of the rezone is to allow the operation of mental health services clinics adjacent to Camp Hope,however,that project will be reviewed in a separate process. NOTICE OF PUBLIC HEARING This rezone and environmental review will require two public hearings;one open record hearing before the Planning Commission to be followed by a closed record hearing before the Yakima City Council.A separate notice will be provided for the public hearing before the Yakima City Council.The public hearing before the Planning Commission has been scheduled for Wednesday, September 25,2024, beginning at 3:00 p.m.in the City Hail Council Chambers. Any person desiring to express their views on the matter is invited to attend the hearing to provide testimony. NOTICE QF RECOMMENDATION Following the public hearing, the Planning Commission will issue its recommendation within ten(10)business days. When available,a copy of the decision will be mailed to parties of record.The file containing the complete application is available for public review at the City of Yakima Planning Division, City Half—2nd Floor, 129 N.2nd St.,Yakima, WA. If you have questions regarding this proposal, please call Eric Crowell,Senior Planner,at DOCq (509)576-6736, or email to: eric.crowell yakimawa.gov. INDEX 378 YAKIMA HERALD-REPUBLIC El Sol de.Yakima AFFIDAVIT OF PUBLICATION Eva Rivera City Of Yakima Planning 129 N 2nd Street Yakima WA 98901 STATE OF WASHINGTON, COUNTIES OF YAKIMA The undersigned,on oath states that he/she is an authorized representative of Yakima Herald-Republic, Inc., publisher of Yakima Herald-Republic and El Sol de Yakima,of general circulation published daily in Yakima County, State of Washington. Yakima Herald-Republic and El Sol de Yakima have been approved as legal newspapers by orders of the Superior Court of Yakima County. The notice, in the exact form annexed,was published in the regular and entire issue of said paper or papers and distributed to its subscribers during all of the said period. 08/29/2024 R F / (Agent T/( Signature Subscribed and sworn to before me on a$ /29 /zo Debbie Collantes (Notary Signature)Notary Public in and for the State of Washington,residing at Yakima Publication Cost: $146.15 Order No: 84426 nt-.tI[H C l.l_ANTI 5 Customer No: 23222 Nr'tary Public PO#: St��te of 4�„lstlinntorz Cofnrlis°sri 1]1/ ign8 y Cornrn. Expires Feb ILI, 2026 DO . Page 1 INDEX LY/A.-- 379 CITY OF YAKIMA NOTICE OF PUBLIC Publication Cost: $146.15 HEARING DATE: 08/29/2024; TO: S E PA Order No: 84426 Reviewing Agencies, Applicant, and Adjoining Customer No: 23222 Property Owners; FROM: Bill Po#: Preston, P.E., Community Development Director; SUBJECT: Comprehensive Plan Amendment, Rezone, and Environmental Review; FILE NUMBER: CPA#004-24, RZ#004-24, S E PA#007-24; APPLICANT: City of Yakima (129 N. 2nd St., Yakima, WA 98901); PROJECT LOCATION: 2300 E. Birch St.; PARCEL NUMBER: 1 91 329-41 406, -41410, & -41412; PROJECT DESCRIPTION Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR) to General Commercial (GC). The intent of the rezone is to allow the operation of mental health services clinics adjacent to Camp Hope, however, that project will be reviewed in a separate process. NOTICE OF PUBLIC HEARING This rezone and environmental review will require two public hearings; one open record hearing before the Planning Commission to be followed by a nIncorl ronnrrl htarinrI htfnrA DOC, Page 2 INDEX 380 IA VIV 4JV M 1 V VVI I1 I,VIA,11 Iy .JVI VI V the Yakima City Council. A separate notice will be provided for the public hearing before the Yakima City Council. The public hearing before the Planning Commission has been scheduled for Wednesday, September 25, 2024, beginning at 3:00 p.m. in the City Hall Council Chambers. Any person desiring to express their views on the matter is invited to attend the hearing to provide testimony. NOTICE OF RECOMMENDATION Following the public hearing, the Planning Commission will issue its recommendation within ten (10) business days. When available, a copy of the decision will be mailed to parties of record. The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall — 2nd Floor, 129 N. 2nd St., Yakima, WA. If you have questions regarding this proposal, please call Eric Crowell, Senior Planner, at (509) 576-6736, or email to: eric.crowell@yakimawa.gov. (84426) August 29, 2024 Page 3 DOC, INDEX,, Uk 381 r •Rk COMMUNITY DEVELOPMENT DEPARTMENT Bill Preston, P.E., Director 17 Trevor Martin,AICP,Manager Planning Division r4`,� �' 129 North Second Street,2nd Floor, Yakima, Washington 98901 OR"'4RATV.0 `ate' Phone (509) 575-6183 • Fax (509) 575-6105 • Email: ask.planning@yakimawa.gov til1tirtNes.3 NOTICE OF PUBLIC HEARING DATE: August 29, 2024 TO: Applicant and Adjoining Property Owners FROM: Bill Preston, Community Development Director APPLICANT: City of Yakima (129 N. 2nd St., Yakima, WA 98901) FILE NUMBER: CPA#004-24, RZ#004-24, SEPA#007-24 LOCATION: 2300 E. Birch St. TAX PARCEL NUMBER(S): 191329-41406, -41410, &-41412 DATE OF APPLICATION: April 30, 2024 DATE OF COMPLETENESS: August 9, 2024 PROJECT DESCRIPTION Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR) to General Commercial (GC). The intent of the rezone is to allow the operation of mental health services clinics adjacent to Camp Hope, however,that project will be reviewed in a separate process. REQUEST FOR WRITTEN COMMENT AND NOTICE OF PUBLIC HEARING This rezone and environmental review will require two public hearings; one open record hearing before the Planning Commission to be followed by a closed record hearing before the Yakima City Council. A separate notice will be provided for the public hearing before the Yakima City Council. The public hearing before the Planning Commission has been scheduled for Wednesday, September 25, 2024, beginning at 3:00 p.m. in the City Hall Council Chambers.Any person desiring to express their views on the matter is invited to attend the hearing to provide testimony. NOTICE OF RECOMMENDATION Following the public hearing, the Planning Commission will issue its recommendation within ten (10) business days. When available, a copy of the recommendation will be mailed to parties of record and entities who were provided this notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall—2nd Floor, 129 N. 2nd St., Yakima, WA. If you have questions regarding this proposal, please call Eric Crowell, Senior Planner, at(509) 576-6736, or e-mail to eric.crowell@yakimawa.gov. Enclosed: Narratives, Project Descriptions, Site Plan, and Vicinity Map DOC. INDEX yDEX Yakima 2015 1994 382 ,` k'�Y 'y 4, DEPARTAMENTO DE DESARROLLO COMUNITARIO :•4. '.41-\ Bill Preston, P.E., Director Trevor Martin,AICP, Gerente C,�,1/4, .;,�: Division de Planificacion , • 129 Norte Calle 2, 2°Piso, Yakima, WA 98901 ����,°Rp«� Tt�� '�� Tel. (509)575-6183 • Fax (509)575-6105 • Email:ask.planning@yakimawa.gov AVISO DE AUDIENCIA PUBLICA FECHA OTORGADA: 29 de agosto, 2024 PARA: Solicitante y Propietarios Adyacentes DE: Bill Preston, Interino de Desarrollo Comunitario SOLICITANTE: City of Yakima (129 N. 2nd St., Yakima, WA 98901) No. DE ARCHIVO: CPA#004-24, RZ#004-24, SEPA#007-24 UBICACION: 2300 E. Birch St. No. DE PARCELA(S): 191329-41406, -41410, y-41412 FECHA DE APLICACION: 30 de abril, 2024 FECHA DE APLICACION COMPLETA:9 de agosto, 2024 DESCRIPCION ❑EL PROYECTO: Enmienda al Mapa del Plan Integral (CPA) y Revision Ambiental que solicita cambiar la designacibn del Mapa del Uso Futuro a tres parcelas de Residencial de Baja Densidad a Comercial de Uso Mixto y una rezonificaciOn concurrente de Residencial Suburbano (SR) a Comercial General (GC). La intencion de la rezonificaciOn es permitir Ia operaciOn de clinicas de servicios de salud mental al lado del Campamento Hope, sin embargo, ese proyecto sera revisado en un proceso separado. SOLICITUD DE COMENTARIOS ESCRITOS Y AVISO ❑E AUDIENCIA PIJBLICA: Esta rezonificacion y revision Ambiental requerira dos audiencias publicas; una audiencia de registro abierto ante la ComisiOn de PlanificaciOn seguido por una de audiencia de registro cerrado ante el Concejo Municipal de Yakima. Se proporcionara un aviso por separado para la audiencia publica ante el Concejo Municipal de Yakima. La audiencia publica ante el ComisiOn de PlanificaciOn ha sido programada para el miercoles 25 de septiembre 2024, comenzando las 3:00 p.m. en la Sala del Consejo Municipal en el Ayuntamiento. Cualquier persona que desee expresar su opinion sobre este asunto esta invitada a asistir a la audiencia para presentar testimonio. AVISO DE LA RECOMENDACION: Despues de la audiencia publica, la ComisiOn de PlanificaciOn de la Ciudad de Yakima emitira su recomendacion dentro de diez (10) dias habiles. Cuando la recomendacion sea emitida, una copia sera enviada a las personas que mandaron comentarios o que recibieron este aviso. El archivo que contiene Ia aplicaciOn completa esta disponible para inspecciOn publica en Ia Oficina de PlanificaciOn de la Ciudad de Yakima en el 129 al Norte la Calle 2da, Yakima, WA. Si tiene cualquier pregunta sobre esta propuesta, puede contactar a la Oficina de Planificacion al (509) 575-6183 o por correo electrOnico al: ask.planning{7a yakimawa.gov 1 383 x '0r� Yam''''{, COMMUNITY DEVELOPMENT DEPARTMENT •Via,, Bill Preston,P.E.,Director ,, }-•: • s Trevor Martin,AICP,Manager CJ r��_��,!. s PlanningDivision e(,,,,,,o, ",4 '�'y 129 North Second Street,2nd Floor, Yakima, Washington 98901 `{t{ ''Po RATY.U % Phone (509) 575-6183 • Fax(509) 575-6105 • Email: ask.planning@yakimawa.gov ,,„xtgc��w•�'� - WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON August 29, 2024 PROJECT DESCRIPTION: Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR) to General Commercial (GC). The intent of the rezone is to allow the operation of mental health services clinics adjacent to Camp Hope, however, that project will be reviewed in a separate process. LOCATION: 2300 E. Birch St. PARCEL NUMBER: 191329-41406, -41410, &-41412 PROPONENT: City of Yakima PROPERTY OWNER: City of Yakima LEAD AGENCY: City of Yakima FILE NUMBERS: CPA#004-24, RZ#004-24, SEPA#007-24 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. Z This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. Responsible Official: Bill Preston Position/Title: SEPA Responsible Official Phone (509) 575-6183 Address: 129 N. 2nd Street, Yakima, WA 98901 Date: August 29, 2024 Signature �� ® You may appeal this determination to: Bill Preston, P.E., Director of Community Development, at 129 N. 2nd Street, Yakima, WA 98901. No later than: September 12, 2024. By method: Complete appeal application form and payment of appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. DOC. INDEX l __ 384 A__VilarDAVIT OF MAILING STATE OF WASHINGTOIN CITY OF YAKIMA RE: CPA#004-24, RZ#004_24, S.CI'A#0Q7 CITY OF YAKIMA 24 2300E BIRCH ST I, Eva Rivera, as an employeie dispatched through the United Slates Yaks city Planning Environmental Review; a true Mails a that said notice was addressed to ci correct ' a Notice Division, have the ect copy of which is I enclApposed ere it property owners of record withinapplicant, SEP d said property owners are individ a radius A reviewing enclosed here '�aII of` feet of s ng agencies, and Planning Division; and that said y fisted on the object all notices August,2024. were mailing list property; that mailed byretained by me an the I-3� day the ol That I mailed said notices in the rnanner statements made herein are just and true. herei n set forth and that all of �- the Eva Rivera Planning Technician DOC. 385 19132941401 19132941409 19132941408 AREC 33 LLC ASAH LLC CITY OF YAKIMA PO BOX 29046 600 N 75TH AVE 129 N 2ND ST- PHOENIX,AZ 85038 PHOENIX,AZ 85043 YAKIMA,WA 98901 19132832006 19132941406 19132941410 YAKIMA CITY YAKIMA CITY YAKIMA CITY 129 N 2ND ST 129 N 2ND ST 12,9-14 2ND ST YAKIMA,WA 98901 ---YAKIMA,WA 98901 YAKIMA,WA 98901 19132941411 19132941412 19132944003 YAKIMA CITY YAKIMA CITY YAKIMA.CITY 129N2ND'ST 129N 2ND ST 129N2NDST YAKIMA,WA 98901 YAKIMA,WA 98901 -"YAKIMA,WA 98901 9 Total Parcels-City of Yakima-CPA#004- 24, RZ#004-24, SEPA#007-24 ` . Vivoet one- Erwhyi iNftlik ‘peof,1_,3 vio' 0E3111126-LLI DOC. INDEX Ahtanum Irrigation District Cascade Natural Gas Century Link Beth Ann Brulotte 8113 W Grandridge Blvd 8 South 2nd Ave, Rm#304 10705-B Gilbert Road Kennewick,WA 99336 Yakima,WA 98902 Yakima,WA 98903-9203 bethb@ahtanum.net Charter Communications City of Union Gap City of Yakima-Airport 1005 North 16th Ave Dennis Henne Jaime Vera Yakima,WA 98902 P.O. Box 3008 2400 West Washington Ave Union Gap,WA 98903 Yakima,WA 98903 dennis.henne@uniongapwa.gov jaime.vera@yakimawa.gov Yakima Valley Canal Co City of Yakima-Wastewater Division City of Yakima-Wastewater Division Robert Smoot Dana Kallevig Marc Cawley 1640 Garretson Lane 2220 East Viola Ave 2220 East Viola Ave Yakima,WA 98908 Yakima,WA 98901 Yakima,WA 98901 dana.kallevig@yakimawa.gov marc.cawley@yakimawa.gov Federal Aviation Administration Greater Yakima Chamber of Commerce Naches Cowiche Canal Association 2200 W.Washington Ave 10 North 9th Street PO Box 9635 Yakima,WA 98903 Yakima,WA 98901 Yakima,WA 98909 chamber@yakima.org NachesCowicheCanal@gmail.com North Yakima Conservation District Office of Rural and Farm Worker Housing Pacific Power 1606 Perry Street, Ste. C Marty Miller Mike Paulson Yakima,WA 98902 1400 Summitview Ave, Ste#203 500 North Keys Rd Yakima,WA 98902 Yakima,WA 98901 Martym@orfh.org United States Postal Service Yakima Valley Trolleys WA State Attorney General's Office David James PO Box 796 1433 Lakeside Court, Ste# 102 205 W Washington Ave Yakima,WA 98907 Yakima,WA 98902 Yakima,WA 98903 info@yakimavalleytrolleys.org david.r.james@usps.gov WA State Department of Agriculture WA State Department of Archaeology& WA State Department of Commerce Kelly McLain Historic Preservation Review Team PO Box 42560 1063 S Capitol Way, Ste 106 1011 Plum St SE Olympia,WA 98504 Olympia,WA 98504-8343 Olympia,WA 98504-3172 kmclain@agr.wa.gov Sepa@dahp.wa.gov reviewteam@commerce.wa.gov WA State Department of Ecology WA State Department of Ecology WA State Department of Ecology Annie Szvetecz Gwen Clear Lori White P.O. Box 47703 1250 W Alder St lori.white@ecy.wa.gov Olympia,WA 98504-7703 Union Gap,WA 98903 Upload Docs to SEPA Register crosepacoordinator@ecy.wa.gov WA State Department of Ecology WA State Department of Ecology WA State Department of Energy Facility Rhonda Luke sepaunit@ecy.wa.gov Site Evaluation Council-EFSEC FormerOrchards@ecy.wa.gov PO Box 43172 Olympia,WA 98504-3172 efsec@utc.wa.gov WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife WA State Department of Fish and Wildlife Janell Shah Scott Downes TeamYakima@dfw.wa.gov j.shah@dfw.wa.gov Scott.Downes@dfw.wa.gov OC INDEX 3k) 387 WA State Department of Fish and Wildlife, WA State Department of Health WA State Department of Health, Office of SEPA Desk Kelly Cooper Drinking Water PO Box 43200 PO Box 47820 Jamie Gardipe Olympia,WA 98504 Olympia,WA 98504 16201 E Indiana Ave, Ste#1500 R3planning@dfw.wa.gov Kelly.cooper@doh.wa.gov Spokane Valley,WA 99216 Jamie.gardipe@doh.wa.gov WA State Department of Health, Office of WA State Department of Natural WA State Department of Social&Health Drinking Water Resources, SEPA Center Services, Office of Capital Programs SEPA.reviewteam@doh.wa.gov PO Box 47015 Larry Covey Olympia,WA 98504 P.O. Box 45848 sepacenter@dnr.wa.gov Olympia,WA 98504 larry.covey@dshs.wa.gov WA State Department of Transportation WA State Department Transportation South WA State Department Transportation, Paul Gonseth Central Region Planning Office Aviation Division 2809 Rudkin Road SCplanning@wsdot.wa.gov AviationLandUse@wsdot.wa.gov Union Gap,WA 98903 gonsetp@wsdot.wa.gov West Valley School District WA State Governor's Office of Indian Affairs WA State Parks&Recreation Commission Dr. Peter Finch PO Box 40909 Jessica Logan 8902 Zier Road Olympia,WA 98504 P.O. Box 42650 Yakima,WA 98908 Olympia,WA 98504 finchp@wvsd208.org sepa@parks.wa.gov Yakama Bureau of Indian Affairs Rocco Clark Yakama Bureau of Indian Affairs Yakima Valley Trolleys P.O. Box 632 Nichole Pebeahsy Paul Edmondson Toppenish,WA 98948 P.O. Box 632 313 North 3rd Street Rocco.clark@bia.gov Toppenish,WA 98948 Yakima,WA 98901 nichole.pebeahsy@bia.gov West Valley School District Yakama Bureau of Indian Affairs Joe Connolly P.O. Box 632 Yakama Indian Nation, Yakima Tribal 8902 Zier Road Toppenish,WA 98948 Council Yakima,WA 98908-9299 Ruth Jim connollyw@wvsd208.org P.O. Box 151 Toppenish,WA 98948 Yakama Nation Environmental Management Yakama Indian Nation, Cultural Resources Program Program Yakima County Building Department Elizabeth Sanchey Johnson Meninick Marivel Garcia P.O. Box 151 P.O. Box 151 128 North 2nd Street, 4th Floor Toppenish,WA 98948 Toppenish,WA 98948 Yakima,WA 98901 esanchey@yakama.com marivel.garcia@co.yakima.wa.us Yakima County Commissioners Yakama-Klickitat Fisheries Project Commissioners.web@co.yakima.wa.us John Marvin Yakima County Health District 760 Pence Road 1210 Ahtanum Ridge Dr Ste#200 Yakima,WA 98909 Union Gap,WA 98903 marj@yakamafish-nsn.gov yhd@co.yakima.wa.us jmarvin@yakama.com Yakima County Health District Yakima County Planning Division Ryan Ibach Yakima County Public Services Jason Earles 1210 Ahtanum Ridge Dr Ste#200 Lisa Freund 128 North 2nd Street,4th Floor Union Gap,WA 98903 128 North 2nd Street,4th Floor Yakima,WA 98901 ryan.ibach@co.yakima.wa.us Yakima,WA 98901 Jason.Earles@co.yakima.wa.us lisa.freund@co.yakima.wa.us Yakima County Water Resources Division Yakima County Planning Division Troy Havens Tommy Carroll Yakima Waste Systems 128 North 2nd Street,4th Floor 128 North 2nd Street, 4th Floor Mark Lanter Yakima,WA 98901 Yakima,WA 98901 PO Box 2830 Troy.Havens@co.yakima.wa.us Thomas.Carroll@co.yakima.wa.us o Yakima,WA 98907 mark.lanter@wasteconnections.com INDEX 388 Yakima-Tieton Irrigation District Sandra Hull Yakima Greenway Foundation Yakima School District 470 Camp 4 Rd Kellie Connaughton Stacey Locke Yakima,WA 98908 111 South 18th Street 104 North 4th Ave Yakima,WA 98901 Yakima,WA 98902 kellie@yakimagreenway.org locke.stacey@ysd7.org Yakima Regional Clean Air Agency Yakima School District Hasan Tahat Jay Baucom Yakima Valley Museum 186 Iron Horse Ct#101 104 North 4th Ave Peter Arnold Yakima,WA 98901 Yakima,WA 98902 2105 Tieton Drive hasan@yrcaa.org baucom.jay@yakimaschools.org Yakima,WA 98902 lizr@yvmuseum.org Yakima School District Trevor Greene 104 North 4th Ave Yakima,WA 98902 greene.trevor@ysd7.org SEPA REVIEIWNG AGENCIES _UPDATED 06/04/2024 Type of Notice: VV._ -1119U �.1 y &vivo. f204/ File Number: 21 Date of Mailing: Ob 13 DOC. INDEX 389 Rivera, Eva From: NoReply@ecy.wa.gov Sent: Tuesday, August 13, 2024 4:08 PM To: Ask Planning Subject: Your SEPA Record Has Been Submitted! The Department of Ecology has received a new SEPA record from Yakima City at Yakima City of with a File Number of: SEPA#007-24, CPA#004-24, RZ#004-24. Your record is being reviewed by an administrator. From: Yakima City Email: ask.planning@yakimawa.gov Phone number: (509) 575-6261 DOC. 1 QDE ����, 390 In-House Distribution E-mail List Revised 08/09/2024 Name Division E-mail Address Jaime Vera Air Terminal Jaime.Vera@yakimawa.gov Silvia Corona Clerk's Office Silvia.Corona avakimawa.gov Glenn Denman Code Administration Glenn.Denman@yakimawa.gov Julia Rosales Code Administration julia.rosales@yakimawa.gov John Zabell Code Administration John.Zabell rt yakimawa.gov Pedro Contreras Code Administration Pedro.Contreras@vakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschereayakimawa.gov Lisa Maxey Community Development Lisa.Maxevavakimawa.gov_ Bill Preston Community Development/Engineering Biil.preston@yakimawa.gov Kirsten McPherson Engineering Kirsten.McPherson©yakimawa.gov Aaron Markham Fire _ Aaron.markham rr,vakimawa.gov _ Jeremy Rodriguez Fire Jeremy.Rodriguez[)a,vakimawa.gov Sara Watkins Legal Sara.Watkinsayakimawa.gov. Trevor Martin Planning trevor.martin iyakimawa.gov Eva Rivera Planning Eva.rivera rtyakimawa.gov Shawn Boyle Police Shawn.bovle t( yakimawa.gov Scott Schafer Public Works Scatt.Schafer c�i?yakimawa.gov Leovardo Cruz Refuse Leovardo.Cruz[a7,yakimawa.gov Randy Layman Refuse Randy.Layman@yakimawa.gov Gregory Story Transit Gregory,Story cr,yakimawa.gov Anabel Chavez Utilities anabel.chavez@yakimawa.gov Dana Kallevig Wastewater Dana.Kallevig@yakimawa.gov Randy Meloy Wastewater Randy.Meloy u;yakimawa.gov Mike Shane Water/Irrigation Mike.Shane@vakimawa.gov Outside Distribution Name Address Notified? (Subdivision notices ONLY) 500 N Keys Rd,Yakima,WA 98901 ❑ Yes kNo Pacific Power Attn:Estimating Department 111 University Parkway, Suite 200 ❑ Yes No (Projects Adjacent to BNSF Right of Way ONLY) Yakima,WA 98901 (509)453-9166 Central Washington Railroad Tim Marshall,General Manager,tmarshall c@cbrr.com Kim Yeager,Real Estate Manager, kyeagerct,ihdllc.com ❑ E-mail (Shoreline notices ONLY) Department of Ecology crosepa c ecy.wa.gov ❑ E-mail Additional Parties of Record or Interested Parties Notified Name Address E-mail Uoãi Dct. L )oct actt9 co WEAre, _G td.mobr @eortnco, Lk i L vnvr rnJ+@- (c;,arf m.corn Type of Notice: hp� 1�{ AA : a: -7rzq / DO IiiDEX .�µ 't.' 391 Rivera, Eva From: Rivera, Eva Sent: Tuesday, August 13, 2024 2:15 PM To: Boyle, Shawn; Bradburn, Trace; Chavez, Anabel; Contreras, Pedro; Corona, Silvia; Cruz, Leovardo; DeBusschere, Suzanne; Denman, Glenn; Kallevig, Dana; Layman, Randy; Markham, Aaron; Martin, Trevor; Maxey, Lisa; McPherson, Kirsten; Meloy, Randy; Preston, Bill; Rivera, Eva; Schafer, Scott; Shane, Mike; Story, Gregory;Vera, Jaime; Watkins, Sara;Zabell,John Cc: Crowell, Eric Subject: FW: NTC OF APP & ENVIRO. REVIEW - CITY OF YAKIMA - CPA#004-24, RZ#004-24, SEPA#007-24 Attachments: NTC OF APP & ENVIRO REVIEWCPA#004-24.pdf From: Rivera, Eva Sent:Tuesday, August 13, 2024 2:13 PM To:Anne Knapp<akaknapkin@yahoo.com>; Arthur Salido<arthursalido@gmail.com>; Charles Hitchcock <charlesphitchcock@gmail.com>; Colleda Monick<colledamonick@gmail.com>; Deccio,Janice <Janice.Deccio@yakimawa.gov>; Frieda Stephens(sstrlite3995@protonmail.com)<sstrlite3995@protonmail.com>; Glenn, Rick<Rick.Glenn@yakimawa.gov>;Jeff Baker<jbakersl@charter.net>; Kevin Rangel <rangelestates@outlook.com>; Leanne Hughes-Mickel <leanne.mickel@me.com>; Linos, Irene <Irene.Linos@yakimawa.gov>; Martin,Trevor<Trevor.Martin@yakimawa.gov>; Mary Place <placeml@charter.net>; Maxey, Lisa <Lisa.Maxey@YAKIMAWA.GOV>; Philip Ostriem <philipostriem@protonmail.com>; Rivera, Eva <Eva.Rivera@yakimawa.gov>;Shelley White<ShelleyW@johnlscott.com>; Watkins, Sara <sara.watkins@yakimawa.gov> Subject: NTC OF APP& ENVIRO. REVIEW-CITY OF YAKIMA-CPA#004-24, RZ#004-24,SEPA#007-24 Good afternoon, Attached is a Notice of Application & Environmental Review regarding the above-entitled project. If you have any questions about this proposal, please contact the assigned planner, Eric Crowell at eric.crowejl yakimawl a.gov. Thank you! Eva Rivera r: Planning Technician r . Phone: 509-575-6261 , - eva.rivera@yakimawa.gov This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. DOC. 1 INDEX - ;-.)) 392 Rivera, Eva From: Rivera, Eva Sent: Tuesday, August 13, 2024 2:11 PM To: jodi.daly@comphc.org'; 'David.moore@comphc.org'; 'mjt@tkglawfirm.com' Subject: NTC OF APP & ENVIRO. REVIEW - CITY OF YAKIMA - CPA#004-24, RZ#004-24, SEPA# 007-24 Attachments: NTC OF APP & ENVIRO REVIEW_CPA#004-24.pdf Good afternoon, Attached is a Notice of Application & Environmental Review regarding the above-entitled project. If you have any questions about this proposal, please contact the assigned planner, Eric Crowell at eI ic.crolvell@yakin1awa.go\ Thank you! Eva Rivera Planning Technician ' Phone: 509-575-6261 eva.rivera@yakimawa.gov This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. DOC. INYY" f 393 Rivera, Eva From: Rivera, Eva Sent: Tuesday, August 13, 2024 2:12 PM To: Ahtanum Irrigation District; Cawley, Marc; City of Union Gap -Jason Cavanaugh; Greater Yakima Chamber of Commerce;Jack Wells - Yakima County Water Resources; Kallevig, Dana; Kanner; Linos, Irene; Office Rural Farmworker Housing - Marty Miller; Rivera, Eva; United States Postal Service - David James;Vera, Jaime; WA DFW;WA State Dept Agriculture - Kelly McLain; WA State Dept Archaeology Historic Pres - SEPA;WA State Dept Commerce - Review Team;WA State Dept Ecology - CRO SEPA; WA State Dept Ecology - Former Orchards;WA State Dept Ecology - Lori White;WA State Dept Ecology - SEPA Unit;WA State Dept Energy Facility Site Eval; WA State Dept Fish and Wildlife - Scott Downes;WA State Dept Fish and Wildlife - SEPA; WA State Dept Fish and Wildlife -Team Yakima;WA State Dept Health -Jamie Gardipe;WA State Dept Health - Kelly Cooper;WA State Dept Health - SEPA; WA State Dept Natural Resources - SEPA Center; WA State Dept Social Health Svcs - Larry Covey; WA State Dept Transporation- South Central Region;WA State Dept Transportation - Paul Gonseth;WA State Parks and Recreation - SEPA;West Valley School District - Joe Connolly;West Valley School District - Peter Finch;WSDOT Aviation ; Yakama Bureau of Indian Affairs - Nichole Pebeahsy; Yakama Bureau of Indian Affairs - Rocco Clark;Yakama Nation Environmental Mgmt Program - Elizabeth Sanchey; Yakama-Klickitat Fisheries Project -John Marvin; Yakama-Klickitat Fisheries Project -John Marvin; Yakima County Building Dept - Marivel Garcia;Yakima County Commissioners; Yakima County Health District;Yakima County Health District - Ryan Ibach; Yakima County Planning Division - Jason Earles; Yakima County Planning Division - Thomas Carroll;Yakima County Public Services - Lisa Freund; Yakima County Water Resources Div - Troy Havens;Yakima Greenway Foundation - Kellie Connaughton; Yakima Regional Clean Air Agency- Hasan Tahat;Yakima School District - Stacey Locke; Yakima School District - Trevor Greene;Yakima Valley Museum; Yakima Valley Trolleys;Yakima Waste Systems Subject: NTC OF APP & ENVIRO. REVIEW - CITY OF YAKIMA - CPA#004-24, RZ#004-24, SEPA# 007-24 Attachments: NTC OF APP & ENVIRO REVIEW_CPA#004-24.pdf Good afternoon, Attached is a Notice of Application & Environmental Review regarding the above-entitled project. If you have any questions about this proposal, please contact the assigned planner, Eric Crowell at eric.crowell@yalcimawa.gov. Thank you! -,,, Y1 .... -- ...: Eva Rivera %4 : Planning Technician ,..4 . Phone: 509-575-6261 t'ti eva.rivera@yakimawa.gov OC. 1 IN DE"X 394 �F.Y.```+r COMMUNITY DEVELOPMENT DEPARTMENT r+,, Bill Preston,P.E., Director iii 'rr iik — IL, • Trevor Martin,AICP,Manager L. ::,..r PlanningDivision �+',�,', �' �� 129 North Second Street,2nd Floor Yakima, Washington 98901 �P`'��,°°"Pnk�T.� 'ate -I Phone (509) 575-6183 • Fax (509) 575-6105 • Email: ask. lannin @ akimawa. ov 1'',.....-,,,- - P g y g NOTICE OF APPLICATION AND ENVIRONMENTAL REVIEW DATE: August 13, 2024 TO: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners FROM: Bill Preston, Community Development Director APPLICANT: City of Yakima FILE NUMBER: CPA#004-24, RZ#004-24, SEPA#007-24 LOCATION: 2300 E. Birch St. TAX PARCEL NUMBER(S): 191329-41406, -41410, &-41412 DATE OF APPLICATION: April 30, 2024 DATE OF COMPLETENESS: August 9, 2024 PROJECT DESCRIPTION Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR) to General Commercial (GC). The intent of the rezone is to allow the operation of mental health services clinics adjacent to Camp Hope, however,that project will be reviewed in a separate process. DETERMINATION OF CONSISTENCY Pursuant to YMC § 16.06.020(A), the project considerations are determined to be consistent with applicable development regulations, as follows: 1. The type of land use: Non-Project Rezone and Comprehensive Plan Amendment 2. Level of Development: No development proposed as part of the rezone 3. Infrastructure and public facilities: The subject property is able to be served by public streets,water, sewer, garbage collection, etc. 4. Characteristics of development: The proposal shall adhere to all Title 12 and Title 15 development standards Pursuant to YMC§ 16.06.020(B), the development regulations and comprehensive plan considerations are found to be consistent, as follows: 1. The type of land use: Non-Project Rezone and Comprehensive Plan Amendment 2. Density of Development: No development proposed as part of the rezone 3. Availability and adequacy of infrastructure and public utilities: The subject property is able to be served by public facilities NOTICE OF ENVIRONMENTAL REVIEW This is to notify agencies with jurisdiction and environmental expertise and the public that the City of Yakima, Planning Division, has been established as the lead agency, under WAC § 197-11-928 for this project. The City of Yakima has reviewed the proposed project for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance(DNS) per WAC § 197-11-355. The proposal may include mitigation measures under applicable codes and the project review process may incorporate or require mitigation measures 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 §6.88.170. Required Permits: The following local, state, and federal permits/approvals may or will be needed for this project: Building Permit, Grading Permit Required Studies: N/A Existing Environmental Documents: None Development Regulations for Project Mitigation and Consistency Include: the State Environmental Policy Act, the Yakima Urban Area Zoning Ordinance, YMC Title 12—Development Standards, and the Yakima Urban Area Comprehensive Plan. Yakima DO . IN D EX zinc 395 REQUEST FOR WRITTEN COMMENTS: Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. There is a 14-day comment period for this review. This may be your only opportunity to comment. All written comments received by 5:00 p.m. on August 27, 2024, will be considered prior to issuing the final SEPA determination. Please reference file numbers (CPA#004-24, RZ#004-24, SEPA#007-24) and applicant's name (City of Yakima) in any correspondence you submit. You can mail your comments to: Bill Preston, Community Development Director City of Yakima, Department of Community Development 129 N. 2nd St.,Yakima,WA 98901 NOTICE OF DECISION A copy of the decision and the SEPA threshold determination will be mailed to parties of record and entities who were provided this notice once it is rendered. There will be a 14-day SEPA appeal period effective upon the date of mailing. PUBLIC HEARING This comprehensive plan map amendment request and concurrent rezone will require two public hearings; one open record hearing before the City of Yakima's Planning Commission to be followed by an open record hearing before the Yakima City Council. A separate public notice will be provided for each hearing in accordance with YMC Title 16. The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall—2nd Floor, 129 N. 2nd St., Yakima, WA. If you have any questions on this proposal, please contact Eric Crowell, Senior Planner at(509) 576-6736, or email to: eric.crowellCcyakimawa.gov. Enclosed: Narratives, Project Descriptions, SEPA Checklist, Site Plans, and Vicinity Map r C 1e D E X w - �-- 396 r .da l\„,,1 'o.F,Y `"Yip, DEPARTAMENTO DE DESARROLLO COMUNIIARIO L�0�-4r ' �,, Bill Preston,P.E., Director h-• `i s Trevor Martin,AICP, Gerente C�KNIIIIIIPIF ►•° Division de Plani icacion a f0�'/ 129 Norte Calle 2,2°Piso, Yakima, WA 98901 0k,,,,,D, ,a ` Tel. (509) 575-6183 • Fax(509) 575-6105 • Email: ask.planning@yakimawa.gov AVISO DE APLICACION Y REVISION AMBIENTAL El Departamento de Desarrollo Comunitario de la Ciudad de Yakima ha recibido una aplicaciOn por parte de un propietario/solicitante y este es un aviso sobre esa solicitud. InformaciOn sobre la ubicaciOn de la propiedad en cuestiOn y la solicitud es la siguiente: FECHA OTORGADA: 13 de agosto, 2024 PARA: Agencias de Revision Ambiental, Solicitante y Propietarios Adyacentes DE: Bill Preston, Director de Desarrollo Comunitario SOLICITANTE: Cuidad de Yakima No. DE ARCHIVO: CPA#004-24, RZ#004-24, SEPA#007-24 UBICACION: 2300 E. Birch St. No. DE PARCELA: 191329-41406, -41410, &-41412 FECHA DE APLICACION: 30 de abril, 2024 FECHA DE APLICACION COMPLETA:9 de agosto, 2024 DESCRIPCION DEL PROYECTO: Enmienda al Mapa del Plan Integral (CPA) y Revision Ambiental que solicita cambiar la designacion del Mapa del Uso Futuro para tres parcelas de Residencial de Baja Densidad a Comercial de Uso Mixto y una rezonificacion concurrente de Residencial Suburbano (SR) a Comercial General (GC). La intenciOn de la rezonificaciOn es permitir la operaciOn de clinicas de servicios de salud mental adyacentes al Campamento Hope, sin embargo,ese proyecto sera revisado en un proceso separado. DETERMINACION DE LA CONSISTENCIA: Conforme al Codigo Municipal YMC §16.06.020(A), las consideraciones del proyecto se determinan consistentes con las siguientes normas de desarrollo aplicables: 1. El tipo de uso terrenal: Rezonificacion no relacionada con el proyecto y Enmienda al Mapa del Plan Integral 2. Nivel de desarrollo: No se propone ningun desarrollo como parte de Ia rezonificacion 3. lnfraestructura e instalaciones publicas: La propiedad puede ser servida por calles publicas, agua, drenaje, recolecciOn de basura, etc. 4. Caracteristicas del desarrollo: La propuesta se adherira a todas las normas de desarrollo del titulo 12 y del titulo 15. Conforme al Codigo Municipal YMC §16.06.020(B), los reglamentos de desarrollo y las consideraciones del plan comprehensivo son coherentes, de la siguiente manera: 1. El tipo del uso terrenal: Rezonificacion no relacionada con el proyecto y Enmienda al Mapa del Plan Integral 2. Densidad del desarrollo: No se propone ningun desarrollo como parte de la rezonificaciOn 3. Disponibilidad y adecuaciOn de infraestructura y servicios publicos: AVISO DE REVISION AMBIENTAL: Esto es para notificar a las agencias con jurisdiccion y experiencia ambiental y al publico que la Ciudad de Yakima, Division de Planificacion, se establece como la agencia principal, de acuerdo con la Ley Estatal de Politica Ambiental de Washington (SEPA) bajo WAC §197-11-926 para la revisiOn de este proyecto. La Ciudad de Yakima ha revisado el proyecto propuesto para posibles impactos ambientales adversos y espera emitir una DeterminaciOn de No-Significancia (DNS) para este proyecto conforme al proceso DNS opcional en WAC § 197-11-355. La propuesta puede incluir medidas de mitigacion bajo los cOdigos aplicables y el proceso de revisiOn del proyecto puede incorporar o requerir medidas de mitigacion independientemente de si se prepara un EIS (DeclaraciOn de Impacto Ambiental). Una copia de Ia determinacion de umbra) posterior se puede obtener por solicitud y se puede apelar de acuerdo con el COdigo Municipal de Yakima YMC §6.88.170. D . C, Y2krmv IN DEX 397 Permisos Requeridos: Los siguientes permisos/aprobaciones locales, estatales, y federales pueden o seran necesarios para este proyecto: Permiso de Construccion, Permiso de nivelaci6n Estudios Requeridos: N/A Documentos Ambientales Existentes: Ninguno Los Reglamentos de Desarrollo para la Mitigacion y Consistencia de Proyectos Incluyen: La Ley Estatal de Politica Ambiental de Washington, La Ordenanza de Zonificacion del Area Urbana de Yakima, Los Estandares de Desarrollo del Titulo 12, y el Plan Integral del Area Urbana de Yakima. SOLICITUD DE COMENTARIOS ESCRITOS: Se anima a las agencias, tribus, y el publico a revisar y comentar sobre el proyecto y sobre sus probables impactos ambientales. Habra un periodo de catorce dias para hacer sus comentarios. Este podria ser su unica oportunidad para comentar. Todos los comentarios recibidos por escrito antes de las 5:00 p.m. el 27 de agosto, 2024 serer' considerados antes de emitir la determinaci6n final de la SEPA. Por favor de hacer referencia al nUmero de archivo(CPA#004-24, RZ#004- 24, SEPA#007-24) o al nombre del solicitante (City of Yakima) en cualquier correspondencia que envie. Envie sus comentarios sobre esta propuesta a: Bill Preston, Community Development Director City of Yakima, Department of Community Development 129 N. 2nd St.,Yakima,WA 98901 AVISO DE LA DECISION FINAL: Se enviara por correo una copia de la decision y de la determinaciOn del umbral SEPA a las partes registradas y a las entidades a las que se haya facilitado esta notificacion una vez que se haya dictado. Habra un periodo de apelaciOn SEPA de 14 dias a partir de Ia fecha de envio. AUDIENCIA PUBLICA: Esta solicitud de enmienda del mapa del plan integral y la rezonificacion concurrente requeriran dos audiencias publicas; una audiencia de registro abierto ante Ia Comisibn de Planificacion de la Ciudad de Yakima seguida de una audiencia de registro abierto ante el Concejo Municipal de Yakima. Se proporcionara un aviso pUblico por separado para cada audiencia de acuerdo con el Titulo 16 de YMC. El archivo que contiene Ia aplicacion completa este disponible para inspecci6n publica en la Oficina de Planificacion de la Ciudad de Yakima en el 129 al Norte la Calle 2da, Yakima, WA. Si tiene cualquier pregunta sobre esta propuesta, puede contactar a la Oficina de Planificacion al(509)575-6183 o por correo electronico al: ask.planninga@yakimawa.gov Adjunto: Narrativa, Descripciones del proyecto, Lista SEPA, Plan del Sitio, Mapa g 398 RIM. DEPARTMENT OF COMMUNITY DEVELOPMENT #711 I'• % Bill Preston, Director P! cirr caF ri�n Planning Division n n n g Trevor Martin, AICP, Manager 129 North Second Street,2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning July 24, 2024 FILE NUMBER: CPA#004-24, RZ#004-24, SEPA#007-24 APPLICANT: City of Yakima APPLICANT ADDRESS: 129 N. 2nd St., Yakima, WA 98901 PROJECT LOCATION: 2300 E. Birch St. TAX PARCEL NO: 191329-41406, -41410, & -41412 DATE OF REQUEST: April 30, 2024 SUBJECT: Notice of Complete Application To Whom It May Concern: The application for your Comprehensive Plan Amendment, Rezone, and Environmental Review for 2300 E. Birch St. was received on April 30, 2024. As of July 24, 2024, your application is considered complete as required by the City of Yakima's Municipal Code (YMC) and site plan checklist, as referenced in YMC §§ 15.23.030 and 16.10.050. Continued processing of your request will include, but is not limited to, the following actions: 1. A Notice of Application and Environmental Review will be sent to all property owners within a 300-foot radius of your site. This notice will include a request for public comments during a comment period as is required by the City of Yakima. Notice of Application is scheduled to be issued on July 26, 2024. 2. The City will issue its threshold determination as required by SEPA. The threshold determination will also include a notice of public hearing which will identify the date, time, and location when this matter will be reviewed by the Yakima Planning Commission. 3. A subsequent hearing will be scheduled for final review and consideration by the Yakima City Council. For any questions regarding this matter, please contact me at eric.crowellAyakimawa.gov. Sincerely, gz4. 772. ersowefi Eric Crowell Senior Planner Yakima 2015 r1 Dm X 1994 . � _ 399 \ , CCITY OF YAKIMA ` , , LAND USE ACTION INSTALLATION `-/ CERTIFICATE File Number: CPA#.004-24, RZ*OoL! 24- SEPA#007 2L/ Applicant/Project Name: r .Ty Of Yakima. Site Address: 2300 E. Birch S+ Date of Posting: -Sun e. 11, 2024 Location of Installation (Check One): j Land Use Action Sign is installed per standards described in YMC §15.11.080(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (f not pre-approved by the Planning Manager) may not be acceptable by the Planning Division and is subject to relocation(at the owner's expense)to a more visible site on the property. The alternative location is: The required notice of application will be sent to the applicant and property owners within a 300-foot radius after the Planning Division has received this Land Use Action Installation Certification. Failure to post a Land Use Action sign and return this form signed in a timely manner may cause a delay in the application review process. I hereby testify that the installed sign fully complies with the Land Use Action sign installation standards (see pg. 2), that the sign will be maintained until a decision has been rendered, and that the sign will be returned within 30 days from the date the final decision is issued. g lit X. ���(}Ve.ee Applicant's Signature Date Eric Crowe( Applicant's Name(Please Print) Applicant's Phone Number Please fill out and sign the above certification after posting and deliver to the City of Yakima Planning Division via email to ask.planning@yakimawa.gov or in person/by mail to: City of Yakima, Planning Division, 129 North 2nd Street,Yakima,WA 98901. Page - 1 INDEX Revised 08/2024 4.4 L ..... 400 CITY OF YAKIMA CPA#004-24, RZ#004-24, SEPA#007-24 EXHIBIT LIST CHAPTER F Public/Agency Comments DOC DOCUMENT DATE # F-1 Comment from James Carmody 09/17/2024 F-2 Comment from Stephen Nugent,WSDOT 08/29/2024 F-3 Comment from Rud Hefner, CFO of RWC International 08/27/2024 F-4 Comment from Konnor Hopkins,Executive Director of the 08/27/2024 Yakima Greenway F-5 Documents Submitted by Konnor Hopkins at Study Session 09/11/2024 F-6 Letter from Michael F. Shinn, Halverson Northwest Law 09/25/2024 401 HALVERSON NORTHWEST Raymond G. TmothyD.Alln LAW GROUP Alan D.Campbell++ J.Jay Carroll Paul C.Dempsey"" James S.Elliott Robert N.Faber F.Joe Falk,Jr.+ Mark E.Flckes Carter L.Fjeld+ Lawrence E Martin' Terry C.Schmalz+ Linda A.Sellers Michael F.Shinn Stephen R.Winfree+ *Also OR Bar Member Also State Bar of CA Member +Of Counsel ++Retired September 25, 2024 Via Email Only (Eric.Crowell(d vakimawa.gov) Eric Crowell City of Yakima Senior Planner Planning Division 129 North Second Street, 2nd Floor Yakima, WA 98901 Re: Request for Comprehensive Plan Amendment for Rezone File Nos. CPA#004-24, RZ#004-24, SEPA#007-24 Dear Mr. Crowell: On behalf of the Yakima Greenway Foundation, we request that this letter and its attachments become part of the record in the above-referenced matter. The Yakima Greenway Foundation (hereinafter the "Greenway") objects to the scope of the proposed land use changes expressed in the applications under review for the reasons set forth herein. A. The Contents of the Applications. The City of Yakima ("City"), as property owner, through Eric Crowell, filed three land use applications with the City of Yakima Planning Department on April 30, 2024, a Comprehensive Plan Amendment, Rezone and Environmental Checklist to make way for rezoning three City parcels from Suburban Residential (SR)to General Commercial (GC). Although labeled a "Non-Project Rezone and Comprehensive Plan Amendment" there was one reason for these requests, expressed in the narrative portions of the application 1 Mr. Crowell signed the Land Use Applications on behalf of the City and is the identified contact for the City of Yakima Planning Division's Findings of Fact, Conclusions and Recommendations made available to the public on September 23, 2024. halversonNW.com HALVERSON I NORTHWEST LAW GROUP P.C. Yakima Office:405 E.Lincoln Avenue I PO Box zz55o I Yakima,WA 98907 I p)5o9•248.6o3o I f)509.453.6880 Sunnyside Office:910 Franklin Avenue,Suite r I PO Box zoo I Sunnyside,WA 98944 I P)509.837.5302 I f)509.837.z465 D C. INDEX # . _.402 September 25, 2024 Page 2 materials, and the recently issued staff recommendation, as evidenced by the following statements: Comprehensive Healthcare received a grant from the Washington State Department of Commerce to purchase and install container buildings for the purpose of providing mental health services. The organization would like to operate these buildings next to Camp Hope, however, cannot currently do so as Offices and Clinics is not a permitted use in the SR zoning district. * Amending the comprehensive plan map to change this property from Low Density Residential to Mixed Commercial would allow a concurrent rezone to GC that would permit future operation of mental health services buildings next to Camp Hope. * * * The existing low barrier homeless shelter would be able to be served with permanent mental health care services. * * Comprehensive Healthcare intends to locate container buildings at the site for the purpose of providing mental healthcare services adjacent to Camp Hope. The Camp is allowed pursuant to RCW 35.21.915, however permanent buildings are otherwise required to comply with the zoning ordinance. Offices and Clinics is not a permitted use in the SR zoning district, which necessitates the change to GC, where Offices and Clinics are a Class (1) permitted use. Comprehensive Healthcare has entered into a MOU (R-2023- 112) to locate permanent mental health services clinics adjacent to Camp Hope, however no project is currently proposed as part of this comp plan amendment and rezone request. * * * In 2023, a Memorandum of Understanding (MOU) between the City of Yakima and Comprehensive Healthcare was DOC. INDEX 403 September 25, 2024 Page 3 approved by the Yakima City Council (R-2023-112) to facilitate a process to rezone property from SR to GC to allow the organization to place permanent mental healthcare facilities adjacent to Camp Hope that would specifically serve people staying at the existing Camp Hope facility. This would be an accessory service to the already established housing community. The services offered by Comprehensive Healthcare would be exclusive to the people staying at Camp Hope and would not be open to the general public to access. One of the other steps required by the MOU was to facilitate a short plat exemption in order to rearrange various property lines to locate Comprehensive Healthcare and Camp Hope on their own parcels that would correspond with their lease agreements. The intention of the lot line adjustment is to delineate a specific area for the services to be located in coordination with the existing Camp Hope facility. This resulted in the proposed rezone area now containing four parcels instead of three, with different parcel numbers. * The rezone area is approximately 7.57 acres in size and is zoned Suburban Residential (SR). This area includes Camp Hope, wastewater facilities, some vacant land, and a parcel that serves as a lease area for future development proposed by Comprehensive Healthcare. * * The MOU with Comprehensive Healthcare places the units on the western property line, the furthest possible onsite area away from the Yakima Greenway, outside the area initially described in the License Agreement with the Yakima Greenway. The proposed area for rezone is adjacent existing General Commercial — zoned property. (See attached Exhibit 1, Notice of Application and Environmental Review, pages 5 of the Comprehensive Plan Amendment Application, 7 of the Rezone Application, and 8 of the Environmental Checklist, and Exhibit 2, City of Yakima Findings of Fact, Conclusions & Recommendation, pages 2, 4). The maps accompanying the Environmental Checklist purport to depict an area of approximately 7.57 acres. The Notice of Application (Exhibit A) identifies three parcels for rezoning, 191329-41406, -41410 and -41412 whereas the recent staff DOC. INDEX .�,._ 404 September 25, 2024 Page 4 recommendation replaces parcel 191329-41412 with 191328-32006 and adds parcel 191328-44003. Nevertheless, the staff recommendation makes it clearer that the property intended for rezone and placement of Comprehensive Healthcare's mental health care facilities are to be located upon one (or both) of the newly created parcels 191329-41410 (.43 acres) and that portion of parcel 191329-44003 north of E. Viola Avenue of approximately equal size (= .43 acres) as these are adjacent to Camp Hope, on the western property line, the furthest possible onsite area away from the Yakima Greenway and adjacent to existing General Commercial zoned property (which would be parcel 1913259-41409 immediately to the west, owned by Asah, LLC). Attached as Exhibit 3 is an aerial photograph depicting Camp Hope and collectively attached as Exhibit 4 are three GIS portal maps showing the two parcels apparently intended for siting Comprehensive Healthcare next to the General Commercial zoned property of Asah, LLC. Given Yakima planning staff's representation that the accessory services offered by Comprehensive Healthcare "would be exclusive to the people staying at Camp Hope and would not be open to the general public to access" (Exhibit 2, pg. 2), the Greenway does not object to the rezoning of parcel 191329-41410 and that portion of parcel 191329- 44003 north of E. Viola Avenue.2 What the Greenway does object to is rezoning other property within the Greenway Overlay potentially depriving the Greenway of the land use protections intended via the inclusion of the Greenway Overlay as part of the Yakima Urban Area Comprehensive Plan. B. The Greenway Overlay. As recognized in the City of Yakima staff recommendation, since the area considered for rezone is within the Greenway Overlay, the land use review for a future mental health care clinic that would be operated by Comprehensive Healthcare would undergo a Type 2 review which requires a public comment period. The "Greenway Overlay" is synonymous with the Yakima River Regional Greenway which is an area selected in 1977 by the Washington State Legislature as part of a uniquely valuable recreation, conservation and scenic resource in the State of Washington. RCW 79A.05.750. Known as the "Washington State Yakima River Conservation Area", the purpose recognized by the state legislature for this property is for development of recreational areas and their related facilities and to preserve, as much as possible, the river wetlands in their natural state. RCW 79A.05.775. The City adopted the Yakima River Regional Greenway plan as part of its zoning ordinance, recognizing the Greenway Overlay (GO) in YMC Chapter 15.03.010, .020. The Greenway Master Plan was last updated in 1995 and was adopted by reference as part of the Yakima Urban Area Comprehensive Plan in April 1997. According to the 1995 Master Plan Update, commercial development in the area of the property intended to be rezoned "must be placed in the Greenway with a great deal of 2 The Greenway notes that the occupants of the adjoining commercially zoned property, RWC International, which runs a commercial truck and bus dealership, does object and the Greenway sympathizes with its concerns as safety/security of Greenway users is also of paramount concern to the Greenway Board. DOC. INDEX ��_ 405 September 25, 2024 Page 5 planning and consideration for the other needs of the Greenway. For this reason, commercial development has been encouraged only in those areas already zoned or developed commercially. All development should comply with Greenway design standards in order to maintain the integrity of the Greenway and a park like appearance throughout the corridor." In April of 2018, the Public Works Director for the City submitted land use applications for a Comprehensive Plan Map Amendment, Rezone and for Environmental Review with regard to nearby parcels also sought to be rezoned from Suburban Residential (SR) to General Commercial (GC). Following Yakima Planning Commission consideration, it concluded that the proposed rezone was not compatible with the surrounding neighborhood, but following assembly of a 6-person committee with interested representatives from the Arboretum, experts on programs and housing, City, County and community members and representatives, as well City staff and legal counsel, they concluded that the property under consideration was potentially suitable for some form of transitional housing with appropriate mitigations, support services and outreach opportunities. This led to a Land Use Agreement between the City and the Greenway entered into on November 7, 2019, and recorded under Yakima County Auditor's File No. 8038153 on December 19, 2019. In particular, the Agreement contained a provision concerning future oversight and development within the Greenway Overlay which read as follows: The parties understand and acknowledge that while efforts are being made to address and resolve the community's housing crisis, that public recreation areas such as the Yakima Greenway, which are not designed to meet the housing needs of the homeless, are sometimes resorted to for refuge. The City agrees that the Yakima Greenway is an area of concern and consideration for homeless clean-up activities conducted by the City. The parties further agree that for land use applications involving property within the Greenway Overlay Zone staff shall provide direct notice to the Yakima Greenway, as a private group with a known interest in land use proposals within the Greenway Overlay. RCW 36.706.110(4)(c). Attached hereto as Exhibit 5 is a copy of the Land Use Agreement executed by the parties. Rezoning any more area than necessary for placement of the Comprehensive Healthcare facilities on the two parcels identified is a precipitant to commercial development which would be deemed compatible even under a Type 2 review standard, jumping over the considerations agreed to by the City and Greenway in the Land Use Agreement that any commercial development in the area be placed with a great deal of planning and consideration to protect the Yakima River Conservation Area. DOC. INDEX 406 September 25, 2024 Page 6 The City staff findings focus on the Comprehensive Healthcare project with statements such as, "[t]he intent is to create an area of GC zoning that would facilitate a future project to establish a future mental health care clinic that would be operated by Comprehensive Healthcare." That is the circumstance the City relies upon to address the requirement of changed circumstances since the last time the Comprehensive Plan was considered. In addressing the cumulative impacts for evaluation of the proposed amendments, staff responds, "the impact should be minimal because the property under consideration is intended for a specific purpose [Comprehensive Healthcare]. The proposed Commercial Mixed-Use Category will allow the current rezone to GC, which is the needed zoning for an Offices and Clinics used at this location. There is already an existing use on the site [Camp Hope], and the potential services on the site would be an accessory use to the existing housing facility." Under suitability of the property for the uses permitted in the proposed zoning district, staff concludes that, "[p]roperties directly to the west of the site are zoned GC." Again, focusing all the attention on the two parcels earmarked for Comprehensive Healthcare. Addressing the public need for the proposed change, staff comments that, "[t]he public need for this proposed change is to provide land for a potential future clinic use that will serve people staying at Camp Hope. The clinic facility will be an accessory use and be used specifically for the residents of Camp Hope. Locating mental health services on this site enables service providers to meet them on location and more effectively address mental health issues. Comprehensive Healthcare and the City of Yakima are attempting to bridge this gap by meeting people, using existing services, on site." These remarks, provided for findings that support the comprehensive plan and rezone changes do not support changes beyond the scope of the area earmarked for use by Comprehensive Healthcare. In other words, they do not support changing the land use designations for approximately 6.7 additional acres where circumstances have not changed, where the cumulative impacts have not been considered, and where the public need for the proposed change is not even attempted to be justified. The partnership forged through the Land Use Agreement between the City of Yakima and the Greenway was intended to foster discussion at the beginning stages for land use applications involving property within the Greenway Overlay Zone. That is why the City agreed to provide "direct notice"to the Yakima Greenway as a private group with a known interest in land use proposals within the Greenway Overlay. Not only was the Greenway not informed of the Memorandum of Understanding apparently agreed to in the Fall of 2023, but the Greenway did not receive direct notice of the land use applications under consideration until after they had been vetted and filed by City representatives. It was not until the City staff recommendations issued on September 23, 2024, that Greenway representatives were able to understand which properties were involved and what conditions were being proposed. Nevertheless, because of the sensitivity of preserving the Yakima River Regional Greenway, preserving its recreational areas and its river DOC. INDEX _.w 407 September 25, 2024 Page 7 wetlands in its natural state, zoning changes beyond the scope of those proposed for Comprehensive Healthcare should wait another day. Sincerely, Halverson I Northwest Law Group P.C. Mich el F. Shinn M Sijlf E closures cc: Konner Hopkins Kellie Connaughton my� ro. 408 Exhibit I DOC. INDEX 409 vim�:..—cs. fit? ,Y.r ' COMMUNITY DEVELOPMENT DEPARTMENT 441) ��`',„ Bill Preston,P.E.,Director ',w, Trevor Martin,AICP,Manager t Planning Division ' ," T 129 North Second Street,2nd Floor Yakima, Washington 98901 ",,,`,,01,6r�„ 'ems Phone(509)575-6183 • Fax(509)575-6105 • EmaiI:ask.planning@yakinaawa.gov NOTICE OF APPLICATION AND ENVIRONMENTAL REVIEW DATE: August 13, 2024 TO: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners FROM: Bill Preston, Community Development Director APPLICANT: City of Yakima FILE NUMBER: CPA#004-24, RZ#004-24,SEPA#007-24 LOCATION: 2300 E. Birch St. TAX PARCEL NUMBER(S): 191329-41406, -41410, &-41412 DATE OF APPLICATION: April 30,2024 DATE OF COMPLETENESS: August 9, 2024 PROJECT DESCRIPTION Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR)to General Commercial (GC).The intent of the rezone is to allow the operation of mental health services clinics adjacent to Camp Hope, however,that project will be reviewed in a separate process. DETERMINATION OF CONSISTENCY Pursuant to YMC § 16,06.020(A), the project considerations are determined to be consistent with applicable development regulations, as follows: 1. The type of land use: Non-Project Rezone and Comprehensive Plan Amendment 2. Level of Development: No development proposed as part of the rezone 3. Infrastructure and public facilities:The subject property is able to be served by public streets,water, sewer, garbage collection, etc. 4. Characteristics of development:The proposal shall adhere to all Title 12 and Title 15 development standards Pursuant to YMC§16.06.020(B),the development regulations and comprehensive plan considerations are found to be consistent, as follows: 1, The type of land use: Non-Project Rezone and Comprehensive Plan Amendment 2. Density of Development: No development proposed as part of the rezone 3, Availability and adequacy of infrastructure and public utilities: The subject property is able to be served by public facilities )NOTICE OF ENVIRONMENTAL REVIEW This is to notify agencies with jurisdiction and environmental expertise and the public that the City of Yakima, Planning Division, has been established as the lead agency, under WAC § 197-11-928 for this project. The City of Yakima has reviewed the proposed project for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance(DNS) per WAC § 197-11-355, The proposal may include mitigation measures under applicable codes and the project review process may incorporate or require mitigation measures 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§6.88.170, Required Permits:The following local, state,and federal permits/approvals may or will be needed for this project: Building Permit, Grading Permit Required Studies: N/A Existing Environmental Documents: None Development Regulations for Project Mitigation and Consistency Include: the State Environmental Policy Act, the Yakima Urban Area Zoning Ordinance, YMC Title 12—Development Standards, and the Yakima Urban Area Comprehensive Plan. OC. Yakima can ai 17:to IV 2015 1004 410 REQUEST FOR WRITTEN COMMENTS: Agencies, tribes, and the public are encouraged to review and comment on the proposed project and Its probable environmental impacts. There is a 14-day comment period for this review. This may be your only opportunity to comment. All written comments received by 5:00 p.m. on August 27, 2024, will be considered prior to issuing the final SEPA determination. Please reference file numbers (CPA#004-24, RZ#004-24, SEPA#007-24) and applicants name (City of Yakima) in any correspondence you submit. You can mail your comments to: Bill Preston,Community Development Director City of Yakima,Department of Community Development 129 N.2nd St.,Yakima,WA 98901 NOTICE OF DECISION A copy of the decision and the SEPA threshold determination will be mailed to parties of record and entities who were provided this notice once it is rendered. There will be a 14-day SEPA appeal period effective upon the date of mailing. PUBLIC NEARING This comprehensive plan map amendment request and concurrent rezone will require two public hearings; one open record hearing before the City of Yakima's Planning Commission to be followed by an open record hearing before the Yakima City Council, A separate public notice will be provided for each hearing In accordance with YMC Title 16. The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall—2nd Floor, 129 N.2nd St., Yakima,WA. If you have any questions on this proposal, please contact Eric Crowell, Senior Planner at(509) 576-6736, or email to:erlc.crowelliy kimawa.gay. Enclosed: Narratives, Project Descriptions, SEPA Checklist, Site Plans, and Vicinity Map DOC. NDEX 411 iovt..y. `''.,, DEPARTAMENTODEDESARROLLOCOMLINITARIO Bill Preston,P.E. Director .1-+ { Trevor Martin,AICP, Gerente [.1 i Division de Planificacion ',,,"., ° . /, . 129 Norte Calk 2,2°Piso, Yakima, WA 98901 '`O"+�,,nrg '� = Tel (509)575-6183 ffi Fax(509)575-6105 • Email:ask,planning@yakunawa.gov AVISO DE APLICACION Y REVISION AMBIENTAL El Departamento de Desarrollo Comunitario de la Ciudad de Yakima ha recibido una aplicacien por parte de un propietario/solicitante y este es un aviso sobre esa solicitud. Informaci&n sobre la ubicaciOn de la propiedad en cuestiOn y la solicitud es Ia siguiente: FECHA OTORGADA: 13 de agosto, 2024 PARA: Agendas de RevisiOn Ambiental, Solicitante y Propietarios Adyacentes DE: Bill Preston, Director de Desarrollo Comunitario SOLICITANTE: Cuidad de Yakima No.DE ARCHIVO: CPA#004-24, RZ#004-24, SEPA#007-24 UBICACION: 2300 E. Birch St. No.DE PARCELA: 191329-41406, -41410, &-41412 FECHA DE APLICACION: 30 de abril, 2024 FECHA DE APLICACION COMPLETA:9 de agosto, 2024 DESCRIPCION DEL PROYECTO: Enmienda al Mapa del Plan Integral (CPA) y Revisi6n Ambiental que solicita Gambier la designacibn del Mapa del Uso Futuro pars tres parcelas de Residencial de Baja Densidad a Comercial de Uso Mixto y una rezonificaciOn concurrente de Residencial Suburbano (SR) a Comercial General(GC). La intenci&n de Ia rezonificaciOn es permitir la operaci&n de clinicas de servicios de salud mental adyacentes al Cam pamento Hope,sin embargo,ese proyecto sera revisado en un proceso separado. DETERMINACION DE LA CONSISTENCIA, Conforme al Codigo Municipal YMC §16.06.020(A), las consideraciones del proyecto se determinan consistentes con las siguientes normas de desarrollo aplicables: 1. El tipo de use terrenal: RezoniflcaciOn no relacionada con el proyecto y Enmienda al Mapa del Plan Integral 2. Nivel de desarrollo: No se propane ningun desarrollo como parte de la rezonificaciOn 3. Infraestructura e instalaciones publicas: La propiedad puede ser servida por caller publicas,agua, drenaje, recoleccian de basura, etc. 4. Caracterlsticas del desarrollo: La propuesta se adherir6 a Codas las normas de desarrollo del titulo 12 y del titulo 15. Conforme al COdigo Municipal YMC§16,06.020(B), los reglamentos de desarrollo y las consideraciones del plan comprehensivo son coherentes, de la siguiente manera: 1. El tipo del use terrenal: RezonificaciOn no relacionada con el proyecto y Enmienda al Mapa del Plan Integral 2. Densidad del desarrollo: No se propane ningun desarrollo como parte de la rezonificaci6n 3. Disponibilidad y adecuaciOn de infraestructura y servicios publicos: AL►I$O DE REVISION AMBIENTAL: Esto es pare notificar a las agencies con jurisdicciOn y experiencia ambiental y al publico que Ia Ciudad de Yakima, Division de Planificaci6n, se establece como la agencia principal,de acuerdo con la Ley Estate!de Politica Ambiental de Washington (SEPA) bajo WAC§197-11-926 para la revisiOn de este proyecto. La Cludad de Yakima ha revisado el proyecto propuesto pars posibles impactos ambientales adversos y espera emitir una Determinaci&n de No-Significancia (DNS) para este proyecto conforme al proceso DNS opcional en WAC § 197-11-355. La propuesta puede incluir medidas de mitigacion bajo los cOdigos aplicables y el proceso de revision del proyecto puede incorporar o requerir medidas de mitigaci6n independientemente de si se prepare un EIS(Declaraci&n de Impacto Ambiental). Una copia de la determinaci&n de umbral posterior se puede obtener por solicitud y se puede apelar de acuerdo con el COdigo Municipal de Yakima YMC§6.88.170. DOCe Yakima INDEX Iv 2015 1994 �, 412 Permisos Requeridos: Los siguientes permisos/aprobaciones locales, estatales, y federates pueden o seren necesarios pars este proyecto: Permiso de Construction, Permiso de nivelaci6n Estudios Requeridos: N/A Documentos Ambientales Existentes: Ninguno Los Reglarnentos de Desarrollo pars la Mitigation y Consistoncia de Proyectos Incluyen: La Ley Estatal de Politica Ambiental do Washington, La Ordenanza de ZonificaciOn del Area Urbana de Yakima, Los Estandares de Desarrollo del Titulo 12,y el Plan Integral del Area Urbana de Yakima. SOLICITUD DE COMENTARIOS ESCRITOS: Se anima a las agencias, tribus, y el publico a reviser y comentar sobre el proyecto y sobre sus probables impactos ambientales. Habra un periodo de catorce Was para hacer sus comentarios. Este podria ser su unica oportunidad para comentar. Todos los comentarios recibidos por escrito antes de las 5:00 p.m. el 27 de agosto, 2024 seran considerados antes de emitir la determinaci6n final de la SEPA. Por favor de hacer referencia al numero de archivo(CPA#004-24,RZ#004- 24, SEPA#007-24) o al nombre del solicitante (City of Yakima) en cualquier correspondencia que envie. Envie sus comentarios sobre esta propuesta a: Bill Preston, Community Development Director City of Yakima, Department of Community Development 129 N.2nd St.,Yakima,WA 98901 AVISO DE LA DECISION,FINAL:Se enviara por correo una copia de la decision y de Ia determinaci6n del umbral SEPA a las partes registradas y a las entidades a las que se haya facilitado esta notificacien una vez que se haya dictado. Habra un periodo de apelaciOn SEPA de 14 dias a partir de la fecha de envlo. AUDIENCIA PUBLICA: Esta solicitud de enmienda del mapa del plan integral y la rezonificacion concurrente requeriran dos audiencias pUblicas; una audiencia de registro ablerto ante la Comisien de Planificacien de la Ciudad de Yakima seguida de una audiencia de registro abierto ante el Concejo Municipal de Yakima. Se proporcionara un aviso publics) por separado para cada audiencla de acuerdo con el Titulo 16 de YMC. El archivo que contiene la aplicacion complete este disponible para inspecciOn publica en la Oficina de PlanificaciOn de la Ciudad de Yakima en el 129 al Norte la Calle 2da, Yakima, WA. Si tiene cualquier pregunta sobre esta propuesta,puede contactara Ia Oficina de Planificacibn al(509)575-6183 o por correo electrOnico al: ask,planning{t yakimwp.cov, Adjunto: Narrative, Descripciones del proyecto, Lista SEPA, Plan del Sitio, Mapa DOC INDEX 413 Supplemental Application For:.AW ! AI I COMPREHENSIVE PLAN gal„ R� airs� �,, �, 44111Ciro pl YAKfMA AMENDMENT �1 y (-3 a r;l ;� 11PI a n f n g YAKIMA MUNICIPAL CODE,CHAPTER 16.10 -" ,ih{7VIAIG to ADMINISTRATION OF DEVELOPMENT PERMIT REGULATIONS �t"� PART II-APPLICATION INFORMATION 1.TYPE OF APPLICATION: DComprehensive Plan Text Amendment m Future Land Use Map Amendment 2.EXISTING ZONING OF SUBJECT PROPERTY: m SR El R-1 El R-2 ❑R-3 ❑B-1 ❑B-2 ❑HB El SCC ❑LCC ❑CBD El GC ❑AS ❑RD El M-I ❑M-2 3.DESIRED ZONING OF SUBJECT PROPERTY: El SR El R-1 ❑R-2 El R-3 ❑B-I ❑B-2 ❑HB ❑SCC ❑LCC El CBD L GC El AS ❑RD El M-1 ❑M-2 4.EXISTING FUTURE LAND USE DESIGNATION: Low Density Residential El Mixed Residential ❑Community Mixed-Use El Commercial Mixed-Use ❑CBD Commercial Core El Regional Commercial ❑Industrial 5.DESIRED FUTURE LAND USE DESIGNATION: 0 Low Density Residential ❑Mixed Residential ❑Community Mixed-Use m Commercial Mixed-Use ❑CBD Commercial Core El Regional Commercial ❑Industrial 6.PUBLIC FACILITIES AND SERVICES AVAILABLE: m Transportation m Rights-Of-Way ❑Police And Fire Protection m Parks And Trails ❑Schools ❑Water Z Sewer m Storm Drainage ®Electricity ®Natural Gas m Telephone ❑Cable TV PART III-REQUIRED ATTACHMENTS I.MAPS:Maps of the subject property indicating roads,any area designated as critical areas,the future land use designation of adjacent properties,and current&proposed future land use designations. Maps are to be provided in both an 8-1/2"by 11"and 11"by 17"Format and to a standard engineering scale(e.g. 1:20). 2.SI.IBMITTAL FOR POLICY/REGULATORY AMENDMENTS:Identification of the proposed amendment indicating the section and paragraph location for the current Comprehensive Plan provision sought to be changed,if any, and including,for text amendments,the specific text sought to be added or amended.(attach) 3.WRITTEN NARRATIVE(required.see attached):(stating the reasons for the request for the amendment and explaining how the proposed amendment meets the criteria in YMC§16.10.040) 4. TRAFFIC CONCURRENCY(may be required) 5. ENVIRONMENTAL CHECKLIST(required) 6. SITE PLAN 7. AUTHORIZATION: I hereby authorize the submittal of this Comprehensive Plan Amendment Application to the City of Yakima for review. X. C.0 eet April 30,2024 Property Owner Signature(required) Date Note: if you have any questions about this process,please contact us City of Yakima,Planning Division, 129 N.2nd St., Yakima,WA or 509-575-6183 Revised 7/2023 Page 14 DOE. INDEX - - . . 414 APR 3 0 2024 Supplemental Application For: 4��.•4NPilitt;i� DIV .ter I swim 4•Ar, 11X COMPREHENSIVE PLAN AMENDMENT YAKIMA MUNICIPAL CODE CHAPTER 16.10 Panning PART IV-NARRATIVE(SUBMIT ANSWERS ON SEPARATE SHEET OF PAPER IF NEEDED) I.Does your proposal address circumstances that have changed since the last time the relevant comprehensive plan map or text was considered? If so,how? Comprehensive Healthcare received a grant from the Washington State Department of Commerce to purchase and Install container buildings for the purpose of providing mental health services.The organization would Ilke to operate these buildings next to Camp Hope;however cannot currently do so as Offices and Clinics is not a permitted use in the SR zoning district. 2, Does your proposal better Implement applicable comprehensive plan policies than the current relevant comprehensive plan map or text? If so,howl Policy 5.3.3.Support programs that offer assistance to homeless individuals and families. Amending the comprehensive plan map to change this property from Low Density Residential to Mixed Commercial would allow a concurrent rezone to GC that would permit future operation of mental health services buildings next to Camp Hope. 3. Does your proposal correct an obvious mapping error? If so,what is the error? No. 4. Does your proposal address an identified deficiency in the Comprehensive Plan? If so,what is the deficiency? As traditional residential uses are not anticipated to be developed on this Suburban Residential-zoned property,changing its future land use to Commercial Mixed-Use will allow more options for future development on the property. 5. Is the proposed Comprehensive Plan Amendment coordinated with, and take into consideration, the comprehensive plans adopted by Yakima County or cities with which the City of Yakima has,in part,common borders or related regional issues as may be required by RCW 36.70A.100? If so,how? N/A 6. Is the proposed Comprehensive Plan Amendment consistent with the Growth Management Act(GMA),RCW Ch.36.70A,and the Yakima County-Wide Planning Policy(CWPP)? If so,how? This proposal is consistent with the GMA and the CWPP by encouraging growth in urban areas where public facilities and services exist(RCW 36.70A.020(1)). 7. Have the cumulative impacts of all comprehensive plan amendments been considered in the evaluation of the proposed amendment? If so,how? Yes.This will remove 7.57 acres of Low Density Residential future land use designation.However,there are not any anticipated traditional residential uses for this area,and the City will retain excess residential land required to meet its 2040 growth target. 8. For Future Land Use Map changes please provide descriptive information regarding the property,including the status of existing land use,access to sewer and water,as well as the availability of public facilities such as schools,fire and police services. Existing land uses Include Camp Hope and the City of Yakima Wastewater Treatment Plant.All parcels have access,to sewer, public streets,and full city services. Revised 7/2023 Page 15 DOC 415 �srr ■+a►+q� Supplemental Application For: " . 'V REZONES � oz r I a n i�MA YAKIMA MUNICIPAL CODE CHAPTER 15.23 ffy ; may, +, PLANNINO PART II-APPLICATION INFORMATION 1.EXISTING ZONING OF SUBJECT PROPERTY: Z1 SR ❑R-1 El R-2 ❑R-3 ❑B-1 []B-2 ❑HB ❑SCC ❑LCC ❑CBD 0 GC ❑AS ❑RD ❑M-1 ❑M-2 2.DESIRED ZONING OF SUBJECT PROPERTY: ❑ SR ❑R-1 ❑R-2 0 R-3 ❑B-1 ❑B-2 ❑HB ❑scc ❑LCC ❑CBD GC ❑AS ❑RD ❑M-i ❑M-2 3.ZONING OF ADJOINING PROPERTY(check all that apply): m SR ❑R-1 ❑R-2 ❑R-3 ❑B-1 ❑B-2 ❑HB ❑scc ❑LCC ❑CBD VI GC ❑AS ❑RD ❑M-1 ❑M-2 4.EXISTING FUTURE LAND USE DESIGNATION: 171 Low Density Residential ❑Mixed Residential ❑Community Mixed-Use ❑Commercial Mixed-Use ❑CBD Commercial Core ❑Regional Commercial ❑Industrial 5.PROPOSED FUTURE LAND USE DESIGNATION; m_ Is there a proposed change to the Future Land Use Map? Yes If so what is the proposed future land use designation? ❑Low Density Residential ❑Mixed Residential ❑Community Mixed-Use Commercial Mixed-Use ❑CBD Commercial Core ❑Regional Commercial ❑Industrial 6,PUBLIC FACILITIES AND SERVICES AVAILABLE: m Transportation 7 Rights-Of-Way 7 Police And Flre Protection I71 Parks And Trails ❑Schools ❑Water IZI Sewer Storm Drainage Electricity 7 Natural Gas QJ Telephone ❑Cable TV PART III-REQUIRED ATTACHMENTS I.WRITTEN NARRATIVE(required):(stating the reason for the request for the rezone,explaining how the proposed amendment meets the proposed rezone request) 2.ENVIRONMENTAL CHECKLIST(required) 3.TRAFFIC CONCURRENCY(may be required) 4 SITE PLAN(required if the rezone is associated with land use development) 5 AUTHORIZATION: I hereby authorize the submittal of this Rezone or Text Amendment Application to the City of Yakima for review, Property Owner Signature(required) Date Revised 7/2023 Page 16 DO0 INDEX 416 #Atom 1 •gW % Supplemental Application For: 1111016, REZONES Apo CITY OF YAKIMA YAKIMA MUNICIPAL.CODE CHAPTER 15.23 " �) �014 p�a n n n CITY OF YlKPLANNiNG a..,t. PART IV--NARRATIVE(SUBMIT ANSWERS ON SEPARATE SHEET OF PAPER IF NEEDED) 1. How is the subject property suitable for uses permitted under the proposed zoning? • The existing low barrier homeless shelter would be able to be served with permanent mental healthcare services. What is the status of existing land use? The existing land uses consist of Camp Hope,the City of Yakima Wastewater Treatment Plant,and vacant land. 2. How is the rezone request in compliance with and/or how does the request deviate from the Yakima Urban Area Comprehensive Plan? The request currently deviates from the Comprehensive Plan as the property needs to be rezoned to General Commercial(GC)in order to allow the proposed future use,however GC is not an implementing zone of the underlying future land use category of Low Density Residential.Changing the future land use to Commercial Mixed-Use would allow the property to be rezoned to GC. 3. Are there adequate public facilities,such as traffic capacity,sewer services,potable water,stormwater drainage,schools,fire andµ police services,and other public services and infrastructure existing on and around the subject property? Comprehensive Healthcare's proposal is not part of this rezone.The parcels to be rezoned are served by E.Birch St.,E.Viola Ave.,and S.24th St.Wastewater currently serve the parcels,however if the property Is redeveloped In the future,water will need to be extended. 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? Future development will require extension of water service. 4. How is the proposed zone change compatible with the existing neighboring uses? The change to GC is compatible with the GC zoning to the north.The area has close access to SR 24 and 1-52,and commercial zoning is more in keeping with the high traffic nature of the aroa. What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space traffic flow alteration,etc.? None at this time.If the rezone Is approved,the Offices and Clinics proposal will go through a subsequent land use review process,and will be required to comply with all relevant zoning requirements. 5. What is the public need for the proposed change? W� Comprehensive Healthcare intends to locate container buildings at the site for the purpose of providing mental healthcare services adjacent to Camp Hope.The camp is allowed pursuant to RCW 35.21.915,however permanent buildings are otherwise required to comply with the zoning ordinance.Offices and Clinics is not a permitted use In the SR zoning district,which necesSltates the change to GC,where Offices and Clinics are a Class(1)permitted use. Revised 7/2023 Page 17 DOC . NDEX 417 `W.ri ►ti ENVIRONMENTAL CHECKLIST STATE ENVIRONMENTAL POLICY ACT(SEPA) p C Y hrA (AS TAKEN FROM WAC 197-11-960) YAKIMA MUNICIPAL CODE CHAPTER 6.88 PURPOSE OF CHECKLIST Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant.This information is also helpful to determine if available avoidance,minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal.Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use"not applicable"or"does not apply"only when von can explain why it does not sooty and not whelr the answer is unknown. You may also attach or incorporate by reference additional studies reports.Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later In the decision-making process. The checklist questions apply to all parts ofygur 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 you 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 For non-project proposals(such as ordinances,regulations, plans and programs),complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D).Please completely answer all questions that apply and note that the words"project","applicant",and"property or site"should be read as"proposal,""proponent,"and"affected geographic area," respectively.The lead agency may exclude(for non-projects) questions in Part B— Environmental Elements—that do not contribute meaningfully to the analysis of the proposal. A.BACKGROUND INFORMATION(To be completed by the applicant) iIMn0-+. 1. Name Of Proposed Project(If Applicable); '._'il)1{czn East Birch Street 2. Applicant's Name&Phone: 11, City of Yakima Planning Division/(509)575-6183 C��77}}yt o; VV r'-i f �r (i�lti 3. Applicant's Address: A+ tK 129 N.2nd St.,Yakima,WA 98901 4. Contact Person&Phone: Eric Crowell,Senior Planner/(509)576-6736 5. Agency Requesting Checklist: City of Yakima 6. Proposed Timing Or Schedule(Including Phasing,If Applicable): 2024 CPA process 7.- Do you have any plans for future additions,expansion,or further activity related to or connected with this proposal?If yes,explain: Comprehensive Healthcare has entered into a MOU(R-2023-112)to locate permanent mental health services clinics adjacent to Camp Hope, however no project is currently proposed as part of this comp plan amendment and rezone request. 8.- List any environmental information you know about that has been prepared,or will be prepared,directly related to this proposal: Comprehensive Plan Amendment application Revised 7/2023 DO . Page 8 INDEX tre 418 A.BACKGROUND INFORMATION(To be completed by the applicant.) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal?If yes,explain: Comprehensive Plan Amendment and Rezone A P�ry t� l 20?4 c r rOr" � pp a^ j isFt WI �y {�re .i 10. List any government approvals or permits that will be needed for your proposal,if known: Comprehensive Plan Amendment and Rezone 11. Give a brief,but 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.): This proposal will amend the future land use designation from Low Density Residential to Commercial Mixed-Use.Amending the future land use designation from Low Density Residential to Commercial Mixed-Use will allow for a subsequent rezone to General Commercial(GC),which will allow Comprehensive Healthcare to locate a mental healthcare clinic on a designated portion of the site proposed to be rezoned,subject to a subsequent land use review. 12. Location of the proposal.Give sufficient information for a person to understand the precise location of your proposed project,including a street address,if any,and section,township,and range,if known.If a proposal would occur over a range of area,provide the range or boundaries of the site(s).Provide a legal description,site plan,vicinity map,and topographic map,if reasonably available.While you should submit any plans required by the agency,you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist: 2300 E.Birch St.,in the vicinity of E.Viola Ave.and S.24th Ave.See attached maps and legal descriptions. Revised 7/2023 DOC. Page 19 INDEX 419 B. ENVIRONMENTAL ELEIVIEN'TS(To be completed by the applicant) 1. General description of the site(✓one): �,, ;.a flat 0 rolling ❑ hilly ❑ steep slopes ❑ mountainous El other: 41)24 2. What is the steepest slope on the site(approximate percent slope)? € )' '• ) 6((IrLT,1 <1% Nfii4r 3. 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 agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. The underlying geology consists of Alluvium Deposits with areas that are either considered somewhat excessively drained or somewhat poorly drained.No project is proposed with this rezone and comp plan amendment. 4. Are there surface indications or history of unstable soils in the immediate vicinity?If so,describe. None known. 5. Describe the purpose,type,total area,and approximate quantities and total affected area of any filling,excavation,and grading proposed.Indicate source of fill. None. 6. Could erosion occur as a result of clearing,construction,or use?If so,generally describe. No. 7. About what percent of the site will be covered with Impervious surfaces after project construction(for example,asphalt or buildings)? Not known.Future projects will be required to comply with the applicable lot coverage standard. 8. Proposed measures to reduce or control erosion,or other impacts to the earth,if any: None at this time. AIR I. What types of emissions to the air would result from the proposal during construction,operation,and maintenance when the project is completed?If any,generally describe and give approximate quantities if known. None. 2. Are there any off-site sources of emissions or odor that may affect your proposal?If so,generally describe. No. 3. Proposed measures to reduce or patrol emissions or other impacts to air,if any: None at this time. Revised 7/2023 DOC. Page 110 INDEX 420 RECOVED �.1 i)14 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) i��q PTVr� SURFACE WATER LANNING PM - 1, Is there any surface water body on or in the Immediate vicinity of the site(including year-round and seasonal streams, saltwater,lakes, ponds,wetlands)? If yes,describe type and provide names. If appropriate,state what stream or river it flows into. The Yakima River Is located approximately 750 feet to the east of the property. 2. Will the project require any work over,in,or adjacent to(within 200 feet)the described waters?If yes,please describe and attach available plans. No. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected.Indicate the source of fill material. None. 4. Will the proposal require surface water withdrawals or diversions? Give general description,purpose, and approximate quantities if known. No. 5. Does the proposal lie within a 100-year floodplain?If so,note location on the site plan. The property is located within the floodplain of the Yakima River.The area to be utilized by Comprehensive Health Is outside of the floodplain. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. GROUND WATER 1. Will groundwater be withdrawn from a well for drinking water or other purposes? If so,give a general description of the well,proposed uses and approximate quantities withdrawn from the well.Will water be discharged to groundwater?Give general description,purpose,and approximate quantities if known. No. 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. None. Revised 7/2023 Page 111 DOC. INDEX �.? _.. 421 61,1 } F F B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) V J r� GI TY (}r ''itKi'Rm WATER RUNOFF(INCLUDING STORM WATER) t'LA tij1,<<►ftij 1. Describe the source of runoff(including storm water)and method of collection and disposal,if any(include quantities,if known).Where will this water flow?Will this water flow into other waters?If so,describe. None.All future projects will retain stormwater on site. 2. Could waste materials enter ground or surface waters? If so,generally describe. No. 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site?If so,describe. No. 4. Proposed measures to reduce or control surface,ground,and runoff water,and drainage pattern impacts,if any: None at this time. PLANTS 1. Check(1)types of vegetation found on the site: Deciduous Trees: Evergreen Trees: Wet Soil Plants: Water Plants: Other: ❑Alder ❑Fir ❑Cattail ❑Milfoil m Shrubs ❑Maple ❑Cedar ❑Buttercup ❑Eelgrass I Grass ❑Aspen ❑Pine ❑Bulirush ❑Water Lily ❑Pasture ❑Other ❑Other ❑Skunk Cabbage ❑Other ❑Crop Or Grain ❑ Other ❑Orchards,vineyards,or other permanent crops ❑Other types of vegetation 2. What kind and amount of vegetation will be removed or altered? None at this time. 3. List threatened or endangered species known to be on or near the site. None known. 4. Proposed landscaping,use of native plants,or other measures to preserve or enhance vegetation on the site,if any: None at this time. 5. List all noxious weeds and invasive species known to be on or near the site. None known. Revised 7/2023 Page 112 O . 1 NE . 422 D. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) ANIMALS 1. List any birds or other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds:hawk, heron, eagle, songbirds, other: mammals:deer, bear, elk, beaver, other: + 4» fish:bass,salmon, trout, herring,shellfish, other: None. ,4ir' 2024 City , 2. List any threatened or endangered species known to be on or near the site. None known. 3. Is the site part of a migration route?If so,explain. Unknown. 4. Proposed measures to preserve or enhance wildlife,if any: None. 5. List any invasive animal species known to be on or near the site. None known. ENERGY AND NATURAL RESOURCES 1. What kinds of energy(electric,natural gas,oil,wood stove,solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating,manufacturing,etc. None at this time. 2. Would your project affect the potential use of solar energy by adjacent properties?If so,generally describe. No. 3. 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: None at this time. Revised 7/2023 DO C. Page 113 INDEX 423 R. EN:VIRONMENTAL ELEMENTS(To be completed by the applicant) • ENVIRONMENTAL HEALTH 1. 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. r" ,, No. +1k:. E,1% 2. Describe any known or possible contamination at the site from present or past uses. M'l4" jj + None known. L ��t,t,: D)iv-+E.�i 3. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None. 4. Describe any toxic or hazardous chemicals that might be stored,used,or produced during the project's development or construction,or at any time during the operating life of the project. None. 5. Describe special emergency services that might be required. None. 6. Proposed measures to reduce or control environmental health hazards,if any: None. NOISE t. What typos of noise exist In the area,which may affect your project(for example:traffic,equipment,operation,other)? General traffic associated with 1-82,SR 24,and adjacent commercial and industrial uses. 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. None at this time. 3. Propoaed measures to reduce or control noise impacts,if any: None. Revised 7/2023 DOC. Pagel 14 INDEX 424 trk. )1> B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) /k kJ /1,1Z4 CV ng LAND AND SHORELINE USE PLANUIIS 1. What is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties?If so,describe. The current use of the site is for Camp Hope and the City of Yakima Wastewater Treatment Plant,Surrounding uses are commercial and industrial.This proposal Is only to rezone the property;the development proposal will be reviewed separately. 2. Has the project site been used as working farmlands or working forest lands?If so,describe.How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal,if any?If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? No. 3. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations,such as oversize equipment access,the application of pesticides,tilling,and harvesting?If so,how: No. 4. Describe any structures on the site. There are numerous fabric tent and steel structures that are part of Camp Hope. 5. Will any structures be demolished?If so,what? No. 6. What is the current zoning classification of the site? Suburban Residential(SR) 7. What is the current comprehensive plan designation of the site? Low-Density Residential 8. If applicable,what is the current shoreline master program designation of the site? The area proposed to be rezoned does not have a shoreline environmental designation. 9. Has any part of the site been classified as a critical area by the city or county?If so,specify. The floodplain partially located on the property Is considered to be a critical area within shoreline jurisdiction,however no project is proposed as part of this comp plan amendment and rezone. 10,Approximately how many people would reside or work in the completed project? None.No project is proposed as part of this comp plan amendment and rezone. 11.Approximately how many people would the completed project displace? None. Revised 7/2023 Page I 15 425 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) :. r 4 CoptRICO LAND AND SHORELINE USE 12. Proposed measures to avoid or reduce displacement impacts,If any. ' Pie t) N/A � 13. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans,if any: Future development will be compliant with applicable codes. 14. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance,if any: N/A HOUSING 1. Approximately how many units would be provided,if any?Indicate whether high,middle,or low-income housing. None, 2. Approximately how many units,if any,would be eliminated?Indicate whether high,middle,or low-income housing. None. 3. Proposed measures to reduce or control housing impacts,if any: None. AESTHETICS 1. What Is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s)proposed? N/A 2. What views in the immediate vicinity would be altered or obstructed? N/A 3. Proposed measures to reduce or control aesthetic impacts,if any: None. Revised 7/2023 DO . Page 16 �--� _ 426 D. ENVIRONMENTAL ELEMENTS.(To be completed by the applicant) • LIGHT AND GLARE 1. What type of light or glare will the proposal produce?What time of day would it mainly occur? . None. ; � �`'..Qt' ON (2( 2 N/A Could light or glare from the finished project be a safety hazard or interfere with views? kf.JFjtfr4a €bt5 3. What existing off-site sources of light or glare may affect your proposal? Lighting from existing commercial and industrial sites. 4. Proposed measures to reduce or control light and glare impacts,if any None at this time. - - - RECREATION 1. What designated and informal recreational opportunities are in the immediate vicinity? Yakima Area Arboretum Yakima Greenway 2. Would the proposed project displace any existing recreational uses?If so,describe. No. 3. Proposed measures to reduce or control impacts on recreation,including recreation opportunities to be provided by the project or applicant,if any; None. HISTORIC AND CULTURAL PRESERVATION 1. Arc there any buildings,structures,or sites,located on or near the site that are over 45 years old listed in or eligible for listing in national,state,or local preservation registers located on or near the site?If so,specifically describe. No. Revised 7/2023 DOC. Page 1 17 it Lz. 427 B. ENVIRONMENTAL ELEMENTS(To be''completed by the applicant) • HISTORIC AND CULTURAL PRESERVATION 2. Are there any landmarks,features,or other evidence of Indian or historic use or occupation?This may include human burials or old cemeteries.Are there any material evidence,artifacts,or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources, Unknown. , _§ M fr rF•SPVi 3 (? 1.1124 rFy; 3. Proposed measures to avoid,minimize,or compensate for loss,changes to,and disturbance to resources. Please include plans for the above and any permits that may be required. None at this time. TRANSPORTATION 1. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system.Show on site plans,if any. E.Birch St. E.Nob Hill Blvd./SR 24 E,Viola St. 1-82 S.24th Ave. 2. Is the site or affected geographic area currently served by public transit? If so,generally describe. If not,what is the approximate distance to the nearest transit stop? Yakima Transit Route 6 is located approximately within 0.6 miles of the site. 3, How many parking spaces would the completed project or non-project proposal have?How many would the project or proposal eliminate? None at this time. 4, Will the proposal require any new or improvements to existing roads,streets, pedestrian bicycle or state transportation facilities,not including driveways?If so,generally describe(indicate whether public or private). None at this time. 5. Will the project or proposal use(or occur in the immediate vicinity of)water,rail,or air transportation?If so,generally describe. No. 6, How many vehicular trips per day would be generated by the completed project or proposal?If known,indicate when peak volumes would occur and what percentage of the volume would be trucks(such as commercial and non-passenger vehicles). What data or transportation models were used to make these estimates? Unknown. DO Revised 7/2023C. �„�,X Page I 18 INDEX 428 B. ENVIRONMENTAL ELEMENTS(To be completed by the applicant) TRANSPORTATION 7. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area?If so,generally describe: No. t tiCtiV 4.1s APR 3 2024 8. Proposed measures to reduce or control transportation impacts,if any: O }' UP None at this time. "ttA}/; V#Lt�ti� LiE.S`. PUBLIC SERVICES 1. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit,health care,schools,other)?If so,generally describe: Future projects made viable by this rezone will allow for increased healthcare services in the community,and will be able to directly serve individuals and families at Camp Hope. 2. Proposed measures to reduce or control direct impacts on public services,if any. None. UTILITIES 1. Check(✓)utilities currently available at the site: ®electricity 0 natural gas 0 water 0 refuse service m telephone ®sanitary sewer❑septic system ❑other 2. 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. General urban services are available to serve the site. C. SIGNATURE(To be completed by the applicant.) The above answers are true and complete to the best of my knowledge. 1 understand that the lead agency is relying on them to make Its decision. 7/Z. Go 04/30z* Property Owner or Agent Signature Date Submitted Eric Crowell Senior Planner,City of Yakima Planning Division Name of Signec Position and Agency/Organization ~� v PLEASE COMPLETE SECTION"D"ON THE NEXT'PAGES. IF THERE IS NO PROJECT RELATED TO THIS ENVIRONMENTAL REVIEW Revised 7/2023 DOC. Page 119 INDEX 429 D. SUPPLEMENTAL SECTION FOR NONPROJECT ACTIONS ONLY_{to be completed:by the applicant) 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 that would likely result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air;production,storage,or release of toxic or hazardous substances;or production of noise? Not likely. 40, Proposed measures to avoid or reduce such increases are: kf:riT(tr• Future proJect(s)will conform to applicable environmental and zoningstandards. �'" 1' " '''a:• ,1 g r s 2. How would the proposal be likely to affect plants,animals,fish,or marine life? Not likely. Proposed measures to protect or conserve plants,animals,fish,or marine life are: None. 3. How would the proposal be likely to deplete energy or natural resources? Not likely. Proposed measures to protect or conserve energy and natural resources are: None. 4. flow 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? Not likely. Proposed measures to protect such resources or to avoid or reduce impacts are: None. Revised 7/2023 yyppD`yp'xO��1C,qq Page 120 �( fires f4�, r.`icro -�-� 430 • D. SUPPLEMENTAL SECTION FOR NONPRNECT ACTIONS ONLY(to be completed by the applicant) 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? Not likely.The area proposed for future development does not have a shoreline environmental designation.; .. �„ } r ll2/i te Proposed measures to avoid or reduce shoreline and land use impacts are: None at this time.Any future development within shoreline Jurisdiction will be required to go through the appropriate shoreline review,If applicable. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Unknown. Proposed measures to reduce or respond to such demand(s)are: Future project(s)may required a traffic study as part of the development plan.Specific mitigation measures are unknown at this time. 7. Identify,if possible,whether the proposal may conflict with local,state,or federal laws or requirements for the protection of the environment. No conflicts. DOC. Revised 7/2023 INDEX Page 1 21 431 1�. 3 ;V .r, f 1 JfY - / " {fir` f� �a O W 3 _?4.____ ` •v .�,�� yA �, — fir f CV C9: �y�rore "a, a:6 o A ;� .. iC...) , 1 F J . t c E /5.. -,L ,.. ... 0 ›-8 „.."' Le F I: \:,,* U N a)CIS t./ tt '� c2 o Ir Cl) S i1 �` a` of - €f .v - E E L I ! d' FF t a i#Sst: E 0 u ; ;� °n m a F� N ^ --- -.fix." 1•. �.y ,k o+•k .a a' _-_'._.....:t.r,.z..7.....w..-.: _:po>n q �,.I ill F £ .tom" . 1 v Y•.' 76EN O COajcu rf r "' n t t'- f t +Y 1 U O ds" c w x. I a+ v ))}f R L # / 7 <, is 'Q..1 Y M. O L „ x. , 1 7.it s-`t . -j L9`__ ry �n„ .:'LI t'J 14g •{ N i 'N tt I !1 .s( i i r1 G 4wr o m w 1 Co 3 i Ls �iI i TA O ., (k -` #i ,� F 11 y x , v i m o ' c k '., - 'C N i••}.— yr, 1 I �:y w ;fit - i _ - _ Cyr,) N _ ,....` . . 4;- '" ip , . ..i, ,., 0.,„ , 1„,... ..... [ i [ I z ,,,,,..,,,,,, : .),),. I 4`'''' 1' t iti • ''.''' ' ; ' 441111 ' ' I I lit I- FL1 1+: a � rr R' co H 1 , M E'Wi rY `. . ` ems E_.�. N 1- r I � '� .. 1 r. :;,; -- :; .jai# ' r of a D1. 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O is ai 2 m -- W t^ c `t 114 RI >• tio c ro 'E Lei CO L VI i V :+ "11 p c ru -E, Em* O 14 oC. .• E H o a P. ��.�- �� o f iii U '.�-4� �J Z -7_ ._ - cCI a s'R , _ p E `LT.( — aF CO fo . sa _ o •° u 2 o o_ o INDEX "�� - 435 Nm F' 01 % v I,4`,0 n'j.0) i� }� Z 0 �o`t4'1' mi ■li u c ■N >_ ■` EC �. U d Y ; --y- F!- - Y. • E ra CO itser 11 r 1 ,r tr l . a �'� r :.r ' „r { it - s�.•fi�, O O T4 C a t_ .$fir E u ski ! 3 , ftl S 15 ti� �. 4r? Y tlt� I� I .l ' # 1 a L jj,,,, r �( 'F f 1 i r O C co v 41 Y N itlrww iii }.. ',/,.lf J sal 1:' S# - wiA J L v U d 1 } h /l 1 M-�� ›••I Cal { . 1 iIfrl+r�.j' •1.: i —^ o F1 d, .. 4y� L O W r" .. _. r -• of O U N U o • • ..__. . L• Lr,ir v.r CO ,1Viv I , _ „` n co• cli t2 �y � M N 6 Z ,- o O 7 N Q1 �.,� r. cii Eu ,E C N E L O N N n .c ii b N D 4 a •Di v U ,d 436 Project Name: CITY OF YAKIMA ,,.7;i:**A. �i Site Address: 2300 E BIRCH ST 110W CITY C 1 YAKIMA { File Number(s): CPA#004-24,RZ#004-24, SEPA#007-24 P i a n n i n Proposal: Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential(SR)to General Commercial(GC)to allow the operation of mental health services clinics adjacent to Camp Hope. ó VICINITY MAP t \ •1-_r I \ y \ \ 0 aa' w i N • , ;, Mkitn. _ .I-umana r ., oclaty c -`._.ate. --r z E N ii�lFliilxf3lvr .wnr' 111.""41'‘4°'44444*14%,„,,INsH4444.6"Ittelllit-ftd---- --� _,. d __,-- , '1,4 -,:_;! .-""'----.... .., , 4 i003 rr.cvN.\co u.Mauica •,,. /l ' \\\\N ... LGhSi t r labile Fleet m+ I Servi e i ‘,1 . ... \ ,.., _ r I L i i .,,,! [ /if Map Disclaimer:Information shown on this map is for planning and illustration purposes only.The City of -t`r4'R'1 1-•• Yakima assumes no liability for any errors,omissions,or inaccuracies in the information provided or for any itl, i}, `l'41.i action taken,or action not taken by the user In reliance upon any maps or information provided her in ',...1.. Date Created: 5/7/2024 r , C. ` '*>w»ro'.,'' INDEX # .,,y. 437 Exhibit 2 DOC. 438 -0.1' -4``' '9, COMMUNITY DEVELOPMENT DEPARTMENT 1 )%, Bill Preston,P.E., Director ' '+1t Trevor Martin,AICP,Manager C� Planning Division , ',: 129 North Second Street,2nd Floor, Yakima, Washington 98901. 1, Ko,i1, ',„ � Phone(509) 575-6183 • Fax(509)575-6105 • Email:ask.planning@yakimawa.gov CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS, &RECOMMENDATION for REQUEST FOR COMPREHENSIVE PLAN AMENDMENT&REZONE File Numbers: CPA#004-24, RZ#004-24&SEPA#007-24 APPLICANT: City of Yakima APPLICANT ADDRESS: 129 N. 2nd St., Yakima, WA 98901 PROJECT LOCATION: 2300 E. Birch St, TAX PARCEL NUMBER: 191329-41406, -41410, &-41412 [old] 191328-32006, 191329-41406, -41410, &-44003[new] DATE OF REQUEST: _ _ April 30, 2024 DATE OF RECOMMENDATION: September 25, 2024 STAFF CONTACT: Eric Crowell, Senior Planner I. DESCRIPTION OF REQUEST: Proposed change to the Future Land Use map designation for three parcels from Low Density Residential to Commercial Mixed-Use and a concurrent rezone from Suburban Residential (SR)to General Commercial (GC). The intent of the rezone is to allow the operation of mental health services clinics adjacent to Camp Hope, however, that project will be reviewed in a separate process. II. SUMMARY OF RECOMMENDATION: The Administrative Official recommends approval of the Rezone, subject to conditions. III. FACTS: A. Processing 1. The applications for a Comprehensive Plan Amendment, Rezone, and Environmental Review were received on April 30, 2024. 2. The applications were deemed complete for processing on July 24, 2024, 3. The applications are being processed under YMC Ch. 16.10 (Comprehensive Plan Amendment Procedures), YMC Ch. 15.23(Amendments and Rezones), and YMC Ch. 6.88 (Environmental Review). 4. Pursuant to YMC Ch. 1.42 and YMC § 15.23.030, the Planning Commission has the authority to hold a public hearing and provide a recommendation to the City Council on a Rezone request. DOC- Yakima 6 439 5. Public Notice: In accordance with YMC § 15.11.080 and YMC § 16.05.010, notice was provided for this application as follows: a. The subject property was posted with a land use action sign on June 11, 2024. b. A Notice of Application and Environmental Review was sent to the applicant, SEPA agencies, and adjoining property owners within 300 feet of the subject property on August 13, 2024. c. A Notice of Public Hearing and Determination of Nonsignificance (DNS)was sent to the applicant, SEPA agencies, and adjoining property owners within 300 feet of the subject property on August 29, 2024. No appeals were filed. d. A legal notice was provided in the Yakima Herald-Republic on August 29, 2024. B. Background and History In 2023, a Memorandum of Understanding (MOU) between the City of Yakima and Comprehensive Healthcare was approved by the Yakima City Council (R-2023-112) to facilitate a process to rezone property from SR to GC to allow the organization to place permanent mental health care facilities adjacent to Camp Hope that would specifically serve people staying at the existing Camp Hope Facility. This would be an accessory service to the already established housing community. The services offered by Comprehensive Healthcare would be exclusive to the people staying at Camp Hope and would not be open to the general public to access. One of the other steps required by the MOU was to facilitate a short plat exemption in order to rearrange various property lines to locate Comprehensive Healthcare and Camp Hope on their own parcels that would correspond with their lease agreements. The intention of the lot line adjustment is to delineate a specific area for the services to be located in coordination with the existing Camp Hope facility. This resulted in the proposed rezone area now containing four parcels instead of three, with different parcel numbers. The new parcel boundaries were recorded in August 2024. Those boundary changes did not alter the overall proposed rezone area. C. Current Zoning and Land Use 1. The rezone area is approximately 7.57 acres in size and is zoned Suburban Residential (SR). This area includes Camp Hope,Wastewater facilities, some vacant land, and a parcel that serves as a lease area for future development proposed by Comprehensive Healthcare. City of Yakima DC. CPA#004-24, RZ#004-24, SEPA#007-24 INDEX 2 DO C. '� -. Pi- /INDEX r �0 440 2. The surrounding properties contain uses and zoning as follows: Direction Zoning Future Land Use North GC Commercial Mixed-Use South SR Low Density Residential East GC Commercial Mixed-Use SR Low Density Residential West GC Commercial Mixed-Use 3. Existing Infrastructure a, The property is accessed by E. Birch St. and E. Viola Ave., both of which are Local Access streets, b. The property is served by City of Yakima sewer and water. IV. FINDINGS: A. Comprehensive Plan Amendment Approval Criteria: The Yakima Comprehensive Plan 2040, Future Land Use Map designates this area - as Low -ensityResidential. In accordance wit- the provisions of the Yakima Municipal Code, the following criteria must be considered in the review of any proposed amendment to the Yakima Comprehensive Plan. Pursuant to YMC § 16.10.040 (1), to alter the Future Land Use Map or other plan policy map, or effect a Comprehensive Plan Text Amendment, the proposed amendment must do one or more of the following: 1. Address circumstances that have changed since the last time the relevant Comprehensive Plan or text was considered: Staff Response: The intent is to create an area of GC zoning that would facilitate a future project to establish a future mental healthcare clinic that would be operated by Comprehensive Healthcare, which is part of a MOU adopted between the organization and the City of Yakima in 2023. The potential clinic facility would be processed administratively, outside of the Comprehensive Plan Amendment process. Since the area is within the Greenway Overlay, the land use review will undergo a Type 2 review, which requires a public comment period. Previously, in 2018, Land Use Petition Act(LUPA) Determination appeal was filed, stating a portion of the requested Comprehensive Plan Amendment and Rezone could not be completed that year for the following reason: "Without a site plan to consider, the proposed concurrent Rezone from Suburban Residential (SR) to.General Commercial(GC) is not consistent with the Yakima Urban Area Zoning Ordinance and Yakima Comprehensive Plan 2040." There are some substantially different circumstances for the current application: City of Yakima DOC eOC° CPA#004-24, RZ#004-24, SEPA#007-24 3 INDEX u pcfn 441 • The applicant has requested an amendment to alter a site with an existing use, and existing site plan. The applicant will apply for the specific land use at a later date. • The applicant has taken the location of the Greenway into account, and the MOU with Comprehensive Healthcare places the units on the western property line, the furthest possible onsite area away from the Yakima Greenway, outside of the area initially described in the License Agreement with the Yakima Greenway. • The proposed area for rezone is adjacent existing General Commercial zoned property. 2. Better implement applicable Comprehensive Plan policies than the current relevant Comprehensive Plan map or text: Staff Response: The purpose of the Commercial Mixed Use future land use designation is to promote the greater integration of mixed uses that offer great development choices to property owners, increased housing options, strengthened commercial retail areas, and lively pedestrian-oriented development. This proposal implements the following goals and policies: Goal 2.1:Establish a development pattern consistent with the Community's Vision Policy 2.1.3: Review proposed Future Land Use designation changes for consistency with YMC Ch. 16.10 and the following criteria: • Does the proposal conform to lgcational criteria set forth for the desired designation? Yes, the site, after future expansion has occurred, will have access to a primary arterial corridor(SR-24), via S. 24th St., consistent with Policy 2.2.4.8. • Is the site physically suited for thefiroposed designation? Yes. The site is suitable for commercial development and is adjacent to other commercial uses. Utilities are available in the general area and will need to be extended to the site. • Is the desired zone one of the implementing zones of the land use designation? Yes, the proposed General Commercial(GC) zone is an implementing zone of the Commercial Mixed Use land use designation. • is the proposal a spot zone or a similar change that may create instability with the surrounding neighborhood? No, the proposal is consistent with the Commercial Mixed Use area to the north and west. Policy 2.1.7:Allow new development only where adequate public services can be provided. Policy 2.1.10:Require properties to assume zoning consistent with the City's Future Land Use Plan, as adopted or amended where appropriate. Policy 2.2.4.8: Commercial Mixed Use location criteria—Existing and planned City of Yakima C,)0C. CPA#004-24, RZ#004-24, SEPA#007-24 �� � , 4 OC I N D EX ��., ,..,..... 442 commercial centers and primary arterial corridors.. Goal 2.5: Arterial corridors and other mixed use centers. Enhance the character, function, and economic vitality of Yakima's arterial corridors and mixed-use centers. Policy 2.5.1:Allow for a mixture of compatible land uses along corridors and within mixed-use designation areas: 3. Correct an obvious map error: Staff Response: Not applicable. An obvious mapping error did not occur. 4. Address an identified deficiency in the Comprehensive Plan: Staff Response: The proposal does not address an identified deficiency in the plan, rather, as traditional residential uses are not anticipated to be developed on this Suburban Residential-zoned property, changing its future land use to Commercial Mixed-Use will allow more options for future development on the property. As citied in the comments received from the Yakima Greenway, the development of commercial space should be examined with great care. Changing the Comprehensive Plan designation and rezoning the area will encourage future conversations for development. Proposed Comprehensive Plan amendments shall be coordinated with, and take into consideration,the comprehensive plans adopted by Yakima County or cities with which the City of Yakima has, in part, common borders or related regional issues as may be required by RCW 36.70A.100: Staff Response: This proposal is consistent with RCW 36.70A.100. This application is part of the annual amendment cycle for the Yakima Comprehensive Plan which the City of Yakima coordinates with adjacent jurisdictions. Proposed CPAs must be consistent with the Growth Management Act(GMA), Ch. 36.70A RCW, and the Yakima County Wide Planning Policy(CWPP). The proposal is consistent with the GMA and the CWPP by encouraging growth in urban areas where public facilities and services exist(RCW 36.70A.020(1)). Cumulative impacts of all CPAs, including those approved since the original adoption of the Comprehensive Plan, shall be considered in the evaluation of any proposed amendments. Staff Response: The impact should be minimal because the property under consideration is intended for a specific purpose. The proposed Commercial Mixed- Use category will allow the concurrent rezone to GC, which is the needed zoning for an Offices and Clinics use at this location. There is already an existing use on the site, and the potential services on the site would be an accessory use to the existing housing facility. The existing site would not be expanded as a result of this CPA and Rezone. Da DOT. City of Yakima Q N ;; r,,, .� CPA#004-24, RZ#004-24, SEPA#007-24 r ( '� °;` 5 443 B. Rezone Approval Criteria: In accordance with the provisions of YMC § 15,23.030 (D) (1-7), recommendations to approve or deny proposed rezones shall include the following consideration: 1. The testimony at the public hearing: A Notice of Application was mailed to SEPA agencies and all property owners within 300 feet of the subject properties on August 13, 2024, wherein the public was invited to submit written comments on the SEPA application. Notice of the public hearing was sent on August 29, 2024, wherein the public was invited to submit written and/or oral comments at the public hearing on this proposed rezone. Three comments were received. Any testimony at the hearing can be considered by the Planning Commission, 2. The suitability of the property in question for uses permitted under the proposed zoning: The subject property is suitable for uses permitted in the GC zoning district. Properties directly to the west of the site are zoned GC. 3. The recommendation from interested agencies and departments: No agencies or departments have registered any opposition to this rezone, 4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of this title: The proposed GC zoning district is an implementing zone of the Comprehensive Plan 2040 designation of Commercial Mixed-Use and is compatible with several goals and policies and indicated in section IV(A) of this report. 5. The adequacy of public facilities, such as roads, sewer,water and other required public services: This property is able to be served by all public utilities necessary to support future development, 6. The compatibility of the proposed zone change and associated uses with neighboring land uses: The proposed rezone is compatible with existing neighboring land uses. The majority of adjacent uses are owned by the City of Yakima and are encumbered by the 100-year floodplain. The 1995 Greenway Master Plan update establishes this area as the Northwest Section of the Riverside Conservation Area, the purpose of which is for "commercial development and wastewater treatment plant,"The comments for this area in the plan state: "Encourage future commercial development to adhere to Greenway design standards. Existing commercial development and Wastewater Treatment Plant should be screened from 1-82 and Jewett Pathway with additional plantings." City of Yakima DX CPA#004-24, RZ#004-24, SEPA#007-24 � �'� �~' j\�\ 6 INDEx , 444 7. The public need for the proposed change: The public need for this proposed change is to provide land for a potential future clinic use that will serve people staying at Camp Hope. The clinic facility will be an accessory use and be used specifically for the residents of Camp Hope. Locating mental health services on the site enables service providers to meet them on location and more effectively address mental health issues, According to the American Psychological Association, one of the primary challenges facing mental healthcare is the lack of access to mental health services. Many people report unmet needs due to factors like insufficient facilities, long wait times, and high costs, Comprehensive Healthcare and the City of Yakima are attempting bridge this gap by meeting people, using existing services, on site. C. Development Services Team (DST) Review A DST meeting was not held to discuss this rezone, and the following comments were received: 1. Water/Irrigation a. The following are general comments: i. There's an existing looped 12-inch public waterline in S. 22nd St. There's an existing two-inch water services and 1 1/2-inch meter to the site off of S. 22nd St. ii. There is no existing waterline in S. 24th St. iii. There are two existing fire hydrants in S, 22nd St. iv. Maximum available flow from the looped six-inch waterline is 1,600 gpm, v. All new fire hydrants or fire sprinkler service requirements to be determined by Codes and the Fire Department. vi. The site is not within the City of Yakima's irrigation service area. D. Public Comments The following comments from the public were received, with staff responses: 1, Yakima Greenway Foundation The Yakima Greenway Foundation has reviewed the application materials associated with the proposed "Non-Project Rezone and Comprehensive Plan Amendment."The YGF is familiar with the subject parcels as the subject parcels lie within the Washington State Yakima River Conservation area (Greenway Overlay). This area was selected in 1977 by the Washington State Legislature as part of a uniquely valuable recreation, conservation, and scenic resource in the State of Washington. RCW 79A.05.750. With the intention to develop recreational areas and their related facilities and to preserve, as much as possible, the river wetlands in their natural state. The City of Yakima DOC. CPA#004-24, RZ#004-24, SEPA#007-24 110E'v INDEXw �....,w.,..., 445 Yakima Greenway Master Plan was updated in 1995 and was adopted by reference as part of the Yakima Urban Area Comprehensive Plan.According to the 1995 Update commercial development in the area of the subject parcels must be placed in the Greenway with a great deal of planning and consideration for the needs of the Greenway. For this reason, commercial I development has been encouraged only in areas already zoned commercial and rezoning additional land to commercial is strongly discouraged. It was with these considerations in mind that the City of Yakima and YGF carefully crafted a Land Use Agreement for properties within the Greenway Overlay which was recorded December 19, 2019 under AFN 8038153(a copy of which is attached). It does not appear as though the applicant was aware of this Agreement in the formulation of its CPA, RZ or SEPA applications and checklist. Significant time and effort went into the Agreement's formulation. Before significant land use changes are made to pave the way for a permanent mental healthcare facility the conditions of the Agreement must be factored in(.] - Staff Response:The land use agreement was the result of a negotiated settlement between the City of Yakima and the Yakima Greenway Foundation (R-2019-099)following the 2018 rezone of what was then three parcels located in the vicinity of SR 24 and S. 24th St. This was followed by a lot line adjustment in 2020 that resulted in one parcel that corresponds with that legal description (191329-41411). The parcels being considered for this rezone are not part of that land use agreement. After performing a review of the application, the YGF is concerned about a commercial rezone of the subject parcels and its impact on the Yakima Greenway as commercial use is inconsistent with the Washington State Yakima River Conservation Area. it is concerning to the Yakima Greenway that a "Non-Project"rezone does not honor"a great deal of planning and consideration for the needs of the Greenway."The narrative section of the Comprehensive Plan Amendment application section 4 states "As traditional residential uses are not anticipated to be developed on this Suburban Residential-zoned property, changing its future land use to Commercial Mixed-Use will allow more options for future development of the property. The YGF is not aware of any cooperative planning that has taken place to ensure this future commercial use is beneficial to a state designated conservation area and is concerned that while the application states that this rezone will have no risk of environmental health hazards, there is a great risk of additional hazard waste spill and trash into the Yakima.River as services and population grow in and around Camp Hope as well as the continued and fi^ increased risk of fire. The Yakima River has seen an increase in degradation due to human caused fires, illegal camping, litter, and drug paraphernalia. Additional Commercial property within this area will only increase the rate of Lt: Dt City of Yakima CPA#004-24, RZ#004-24, SEPA#007-24D0 8 INDEX ..�.� 446 this damage to the river and riparian areas, Increased commercial and urban pressure continues to be detrimental to the Yakima River and the efforts to further preserve and protect the Yakima River and surrounding sensitive natural areas, we must reduce our impaot to this 000system rather than continue to add to it. The application provided to the YGF has been provided as a Non-Project Application. However, through the City of Yakima and Comprehensive Healthcare a project has been identified for the parcels noted in application. Per the application the City of Yakima has already entered into a MOU with Comprehensive Healthcare to operate a permanent mental health services clinic. Staff Response:This is a non-project rezone as the MOU separated the rezone from the land use review process for the intended use: "In the event the property is successfully rezoned, Comprehensive will need to submit an application for its new facility to the City for approval, prior to using it for any use other than those allowed under RCW 35.21.915." No land use application has been submitted, nor has the Planning Division approved any use at this site. If the rezone is approved, Comprehensive will be required to submit a Type (2) Review application, which includes a 14-day public comment period. In previous land use agreements between the YGF and City of Yakima conditional uses were permitted as "Establishments providing nursing, dietary and other personal services to convalescents, invalids, or aged persons but not mental cases or cases for contagious or communicable diseases which area customarily treated in sanitariums or hospitals." Staff Response: This is the definition listed in the zoning ordinance for "Convalescent and Nursing Homes."The resolution that approved the MOU specifically referred to Comprehensive's proposal as being for medical clinics, which per the zoning ordinance is categorized as "Offices and Clinics." Even if the proposed rezone area was subject to the land use agreement, Offices and Clinics is not a prohibited use listed in that agreement. 2. RWC Group RWC International is a commercial truck and bus dealership and lease and rental company with eight locations in the Pacific Northwest; including Yakima. We employ 256 employees in the PNW and specifically 29 in Yakima. Our Yakima business is located at 1509 S. 22nd Street, Yakima and is owned by Asah, LLC which is our real estate holding company. Our property'is adjacent to Camp Hope. We are heavily invested in the PNW and continue to increase our investment each month. We received your notification dated August 13, 2024, advising us of the intent City of Yakimar ° CPA#004-24, RZ#004-24, SEPA#007-24 O ° INDEX 9 INDEX # 447 to change the zoning on property that is adjacent to Camp Hope and install container buildings to act as mental health clinics. We strongly object to this zoning change and the opening of mental health clinics, Our employees and customers already feel endangered from the gathering of homeless people that congregate in the area and at that exit. This is detrimental to our business operations and devalues our property. The area has no sidewalks and is not designed for pedestrians. The introduction of more pedestrians in this area will also contribute to making it more dangerous for both the pedestrians and the vehicles. The area in general is a commercial business area and not conducive to pedestrians. Combining large, commercial trucks with mental health patients is not a good arrangement. Staff Response: If the rezone is approved, Comprehensive Healthcare will be required to submit a Type(2) Review, which includes a public notice sent to property owners within 300 feet of the subject property, which will provide opportunity for public comments during review of the actual medical clinic. 3. Washington State Department of Transportation The subject property is adjacent to State Route 24 (SR 24), a limited access highway with a posted speed limit of 35 miles per hour. WSDOT has acquired all access rights to the highway and along South 24th Street a distance of approximately 318 feet southerly of the highway centerline. Direct access to SR 24 or within the limits of our access control boundary is prohibited. We are not opposed to the proposed rezone and look forward to working with the City in response to future development proposals on the subject property. As developments are proposed, they will be subject to review for their impacts to the WSDOT system. Impacts that are determined to be significant will require mitigation and it is anticipated that all costs will be borne by the developer(s). Of particular concern to WSDOT are multi-modal impacts to the SR 24, retention and treatment of stormwater, outdoor lighting, noise sensitivity, fencing, and signage. Staff Response: Land use review will be required for any future development proposed to take place on this property, which may or may not require additional agency review. V. CONCLUSIONS A. The Planning Commission has jurisdiction to issue a recommendation on this Comprehensive Plan Amendment and Rezone application to the City Council. B. The proposed Comprehensive Plan Amendment and Rezone is consistent with the goals and policies of Yakima Comprehensive Plan 2040. D C. City of Yakima INDEX CPA#004-24, RZ#004-24, SEPA#007-24 Doc. � 10 INDEX ' (.G _ 448 C. SEPA review resulted in the issuance of a DNS on August 29, 2024. The appeal period for this determination ended on September 12, 2024. No appeal was filed. D. No adverse impacts have been identified from granting this approval that cannot be mitigated at the time of future development. E. Public notice for this hearing was provided in accordance with zoning ordinance requirements. Three comments were received. F. Pursuant to the Memorandum of Understanding (R-2023-112), if the rezone is not approved, the City will not appeal the decision. VI. RECOMMENDATION The Community Development Department recommends approval of this Comprehensive Plan Amendment request from Low Density Residential to Commercial Mixed-Use in order to accommodate this Rezone request from Suburban Residential (SR)to General Commercial (GC). DOC. INDEX City of Yakima "`, "C" CPA#004-24, RZ#004-24, SEPA#007-24 i1 iLa�S p�, 11 449 Exhibit 3 DOC. i DE X 450 ' -imliMIIMININAS Mil I Camp Hope ma •. - . Write a descriplion for your map. ' , if-- -v,",...,--'.-,.. 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PHOTOS J LI '..10t!tlFORib, r';`;1'„Or.SO..3>>t1241S.I SS:i5Pfsssi 'i,lwriNi Parcel Address: 2210 E BIRCH ST,YAKIMA,WA 98901 I Parcel Owner(s): YAKIMA CITY f'ri,rc.r- Parcel Number: 1912941470 Parcel Size:10.43 Acre(s) -a Property Use: 99 Other Undeveloped Land Dct,nice �ax Code Area(TCA): 333 e Tax Year:2024 ' Improvement Value: $0 Land Value:$209500 . Print Detailed CurrentUse Value: $0 CurrentUse Improvement:50 MAP _ r r New Construction: 50 Total Assessed Value:$209500 - a ricsio557IAL IEIFORMAf!O: SEcrrlONI MASS Bathrooms Garage iguality Year Built Stories Main SqFt Upper SgFt Bsmt SgFt Bedrooms Carport Section v'Ta�z; (full/3/4,1/2) (bsmtratt/blhn) No Residence Information Found. 1ii1,40`) f SALE"INS0r` vtATIGN Cltr SECTiriN MASS Excise (Sale Date (Sale Price [Grantor 'Portion No Sales Information Found. Ad�l!•Cltr NE-•caU -- - I"-snail• 1"=z00it CliSCI_AIME.V'. - 5`5/(Iti 3E.GIr While the information is intended to be accurate,any manifest errors are unintentional and subject to correction. Please let us know ,1n:lft I",200ft about any errors you discover and we will correct them. To contact us call either(509)574-1100 or(800)572-7354,or email us. OVER!Are IN1ONP,11:rli.r: Zoning: SR Jurisdiction:Yakima(Urban Area Zoning Ordinance) Urban Growth Area: - Yakima Future Landuse Designation:(LD)Low Deniaity Residential(Yakima Urban Area Plan) FEMA 100 Year: F C M,.Slip I FIRM Panel Number:53077C1053D ,C1ownloarl Map' is*xµ UC +Latitude:46°34'54.647" I+Longitude:120"28'10.539" [Range:19 Townshlp:13 Seclion:29 '°" ° Narrative Description:That portion of Tract 40 of GOODWIN'S FIVE ACRE TRACTS,according to the official plat thereof,recorded In Volume""A""of1i Plats,Page 18,records of Yakima County,Washington,descrtbBeglnning at the Southwest corner of said Tract 40;thence North 07°15'41""East,al 9 the West line thereof 67.59 feet to the True Point of Beginning;thence South 897.42'44""East 80North 07°15'41""East 238.88 feet;thence North 897, '47"14""West 80.00 feet to said West line;thence South 07°15'41""West,along said West line,a distance of 236.12 feet to the Tru ,r www.yakimap.com/servlet/com.esri.esrimap.Esrimap?name=YakGISH&Cmd=Search&TAB=TabAssessor&SEARCH—BY=Parcel&SearchTextParcel=l... '453 9/24/24,10:12 AM Yakima County GIS Yakima County Assessor I Yakima County GIS -Washington Yakima County GIS IVALLEY TITLE GUARANTEE Land Yakima Information Portal County I wWW.VTGC()COM(500)248-4442 Assessor Planning I Real Estate FAQ Help Legend I Search I Tools Overview I ` _. Search Sy:t Parcel Number v its rye Parcel* i f 41107 _,� 4161/¢Iya, 114111I si Enter a complete or partial PARCEL _ - - Ii1412 - NUMBER.Pascal Numpere must be at • ,:71'N a`•-.., least E characters.Cldr the Search Moo to continue GOO DWI✓V FIVE AC.tr A TS ; -'0 NEVILL Search I seu \\\\ „ y n _ MapScak:1 Inch 400 ft � c) J . o .1.1. 1\ i10e 3200E Overlays Aerial Photography._VI 11 0 Q&MA 0 Critical Areas 0 Contours 0 Utilities I e VP.. r , \\\\\ik,\ *\\ MepStita Small SAC`Oxl110: v 44\,\‘\.\\:‘ \\ . , .ra• Maps brought to you by: Valley Title Guarantee Tllle Insurance& Escrow Service I'�'l`') r',. .} www.v(gco,corn Co rl,ht C Yakima Count GIS " . -.r� (5Q8) 246 4442 I Eaati q ns(1I) I Northing[OJ MEW 0 Ck O J Qo @ one Inch•400 Feet , ,,.1,, a I I Longitude(E) I Latilude(N) Click Map to: Get Information Feet 200 400 600 _.__.__ —. Pl OPFR'I•?INFORMATION AS OF 9I2:7-i 11:10,15 PM PRINTING Parcel Address: 2220 E VIOLA AVE.YAKIMA WA 98902 Parcel Owner(s): YAKIMA CITY f'i i n tr,r- Parcel Number: 19132944003 ]Parcel Size:09.87 Acre(s) Friendly Pacp Property Use: 48 Utilities IA.XANI)A r�,l,iAE 4'i IiI(ii rArlr�t! Dc(1ile,.1 eu r,'t VIM mil int.ma.r PIAN/ Tax Code Area(TCA): 333 Tax Year:2024 Improvement Value: $9094700 Land Value:$3893700 Print Detailed CurrentUse Value: $0 CurrentUse Improvement:$0 MAP New Construction: $0 Total Assessed Value:$12988400 RESIREN NAL INFORMATION; _ SECTION!MAPS QualityYear Built Stories Main S Ft UpperBathrooms Garage q SqFt Bsml SqFt Bedrooms Carport Section Map (full/3/4,1/2)-{bsmt/att/bllin)l p No Residence information Found. 1 in-400ft `-3 sALE INFOi2MAIS0iN1 _ Citr SEC 1-12N1 MAl'S Excise 1Sale Date Sale Price 'Grantor (Portion I w No Sales Information Found, NW-(itr, NE-Cltr DISCLAIMER 1""=200ft i I"=200f"; Qtr While the information is intended to be accurate,any manifest errors are unintentional and subject to correction. Please let us know 1 =2apr" 0fi SE-Qtr t 1".2DOft about any errors you discover and we will correct them. To contact us call either(509)574-1100 or(800)572-7354,or email US. oVCrn.A(INFODMAlioNI -- Zoning: SR - Jurisdiction:County Urban Growth Area: Yakima Future Landuse Designation:(Yakima County Plan 215) 0 5=y FEMA 100 Year: FEMA Map FIRM Panel Number:53077C1054D Download falap� �'r° h0IC 'I 7"-"ri o ATIO,N INFORMAIID , �i . )(r)„.._,v'x +Lalitude:46°34'53.325" I+Longllude:-120e 28'10.598" 1Rango:19 Township:13 Section:29 Narrative Description:The Southeast?`/.of the Southeast?%of Section 29,and the Northeast?1/4 of the Northeast 114 of Section 32,and that portion of r the Northwest?V4 of the Northwest7'%of section 33 and the WuSouthwest?'h of Section 28,lying Westerly of the West bank of the Yakima River and Southerly of State Highway no.I I-A,all In Township 13 North,Range 19 East,W.M.;EXCEPT right ofalong the North side of the Southeast 71/4 of the Southeast 7%.of said Section 29;AND EXCEPT State Highway right of way on the East side thereof;AND EXCEPT that portion thereof lying NoSoutherly line of a strip or parcel of land 40 feet in width,being 20 feet on each side of a centerline thereof described as follows:Beginning at a www.yakimap.con/servletIcom.esrLesrimap.Esrimap?name=YakGISH&Left=1646894&Bottom=454328&Right=1649237&Top=456252&TAB=TabAsse... 1/4rJ4 9/24/24, 10:18 AM Yakima County GIS Yakima County GIS-Washington Yaft'n1e C:ountyAssassor I First American Title Yakima County GIs IWWW,fIfStAm.GOm Land Information Portal YiltirrWc.8w41Y i .[4( 509.248.7550 Assessor Planning Real Estate FAQ Help Legend I Search I Tools Overview Search By:I Parcel Number v 4 / t-r- -- ._] — - _ ; Parcel*: 1 1 um: I d1411 I 414d1i - 4 „ Enter a complete or partial PARCEL 41412 1` Numbers must be et ti 2 — --:- -f•--__- --- least 8NUMBER.Parcel c meters.Oh*the Ssarcn �/�� button to continue. LL' GOODWIN FIVE ACRE T A fi T5 -ONN� Search' ir,, g, \\II. - ..____y _ — -- MapScale: 1 Inch=400 ft. ,,01:11.11N ____ __ -- ; : : , 0 — 111i41455 3200 t Overlaysl v Aerial Photography- o 0---�FEMA ❑CriticarAreas 0 Contours O tjtiliU$y Ave _ r,•,, " ---_— Small t800x60 ) v1 s •r w , MapSite:L j i. 1 N, Maps brought to you by: N `r Valley Title Guarantee •- / Title Insurance 8 Escrow Service 1'1$11>1.1 1— A" 44®13 Off. � ;-� © ' tv�r, ,Vt-ACO-Corn Co. rl•ht C Yakima Count G1s .4' . (509)248-4442 J r Easbng(ft):Northing(t) 0�. `One Inch•400 Feet _-.�*3 � ) ,,, Lngitude(1N):Lastude(N tuck trap to: Get Information) Feet 200 400 600 -- --PW)PE.R7'I t't lO f(.S.j J _ i if)rt A t `)r'%:i - I 1 J r:s Pi,,I Pf=1INTINl. ?.; Parcel Address: 1509 S 22ND ST,YAKIMA,WA 98901 ' . "' Parcel Owner(s): ASAH LLC t r I :`'r' FremIlr 'lcjc ' `rParcel Number. 19132941409 Parcel Size:14,48 Acre(s) - • Property Use: 64 Service Repair I - - _ t,Ci1feci Y,•, , ra ef•:�,: , :CAit-'rv, -,:wNrINFCJf2MATION .047 'i-t Tax Code Area(TCA): 333 Tax Year:2024 — vrr.uxnumr Improvement Value: $1169400 Land Value:$583500 riot Ur?[:1ilr;t1 CurrentUse Value: $0 CurrentUse Improvement:$0 MAP New Construction: $0 T Total Assessed Value:$1752900 rtESIDENhIAL li'IFORMAIION SEC ICON P;10 Cl Bathrooms Garage Quality Year Built Stories Main SqFt Upper SgFt Bsmt SOFT Bedrooms carport Section Map I(fuii/3/4,1/2) (bsmt/attibitin) _ No Residence Information Found. 1 u1-4001t SAI•l INFORMATION Qtr:SEC SIoN„i,v,,..; Excise Sale Date Sale Price Grantor Portion E033812 10/27/2021 $1600000 WOODPECKER TRUCK&EQUIPMENT INC N NWtltrl NE•Otr -- - 1"-200t1 1"-200tt ❑ISC;t-AtMER While the information is intended to be accurate,any manifest errors are unintentional and subject to correction. Please let us know SYY•i}tr SE-Qlr 1"-20041, 1"=200it about any errors you discover and we will correct them, To contact us call either(509)574-1100 or(800)572-7354,or email us. j , - . ,,`r'ir; .a;;stArit1N Zoning: GC _ Jurisdiction:Yakima(Urban Area Zoning Ordinance) Urban Growth Area: Yakima _ Future Landuse Designation:(Yakima County Plan 2015) FEMA 100 Year: FE-MA Mop FIRM Panel Number:53077C1053D ilr,4,nloacl .faf:] Doc. are ,,,,:a;lsir,moi,.Mf0 n^I � -1.Latitude:46°34'54.937" ]s Lbngllude:-120°28'15,269" IRange:19 Townshlp:13 Sectlon:29 I)1id'p,,r)LX Narrative Description:Section 29 Township 13 Range 19 Quarter SE:Plat GOODWIN'S FIVE ACRE TRACTS(A-18):described as follows:All that portion of Tracts 34 and 39,Commencing at a point 1337 feetcenter of Section 29,said point being the 18th corner shown on the Plat of Fairview Addition No. 0° _ --^(fin` 2,thence South 89"25'00""East along the centerline extended to the East line of thfor State Highway No.3,as conveyed by Auditor's file no. 1900830,and the Point of Beginning;thence North 00"45'30""East along said right of way tine 388 feet,thence South 89"21he East line of said tract 34,thence Southeasterly along said East line of said Tract 34 and 39 to the centerline of said Viola Avenue extended,Thence North 89^25'00""West to www.yakimap.tom/servleUcom.esri.esrimap.Esrimap?name=YakGISH&Left=1646894&Bottom=454328&Right=1649237&Top=456252&TAB=TabAsse... -- Exhibit 5 Doc. 1 N DEX 456 Yakima County Auditor's File No. 8038153 Recorded 12/19/19 Return Address: Michael F. Shinn Halverson I Northwest Law Group P.C. PO Box 22550 Yakima, WA 98907 Document Title: Land Use Agreement Grantors: City of Yakima, a municipal corporation; Yakima Greenway-Foundation a-Washington nonprofit tolparation; Grantees: City of Yakima, a municipal corporation; Yakima Greenway Foundation, a Washington nonprofit corporation; The Public Legal Description (abbreviated): Ptn SW%S 28 and SE% S 29, T 13 N R 19 EWM Additional legal(s) on page(s) 12 Assessor's Tax Parcel IDs#: 191329-41400; 191329-41404; 191328-32005 DOCo • IND Ex 457 LAND USE AGREEMENT This Land Use Agreement (the "Agreement") is entered into by and between the CITY OF YAKIMA, a municipal corporation ("City"), and the YAKIMA GREENWAY FOUNDATION, a Washington nonprofit corporation ("Yakima Greenway"). RECITALS A. On, or about, April 30, 2018, the Wastewater Division of the City of Yakima through the Public Works Director for the City submitted land use applications for a Comprehensive Plan Map Amendment ("CPA"), Rezone, and for Environmental Review (the "Land Use Applications") with regard to a portion of Yakima County Assessor Tax Parcel Numbers 191329-41400, -41404, and 191328-32005 located in the vicinity of Highway 24 and South 22nd Street in Yakima, Washington. The request was to change the selected 2.5 acres from low-density to commercial mixed use on the Future Land Use Map of the Comprehensive Plan and to concurrently rezone the property from Suburban Residential (SR)to General.Commercial (GC).--The-property-in question has now-been— surveyed and the legal description for the approximately 2.5 acres is set forth on the attached Exhibit "A". B. The "Subject Property" (described in Exhibit "A") lies within the Yakima River Regional Greenway, sometimes identified as the "Greenway Overlay". A map depicting the site is also attached as Exhibit "B". This area was selected in 1977 by the Washington State Legislature as part of a uniquely valuable recreation, conservation, and scenic resource in the State of Washington. RCW 79A.05.750. Known as the "Washington State Yakima River Conservation Area", the purpose recognized by the state legislature for this property is for development of recreational areas and their related facilities and to preserve, as much as possible, the river wetlands in their natural state. RCW 79A.05.775. The City adopted the Yakima River Regional Greenway Plan as part of its zoning ordinance, recognizing the Greenway Overlay (GO), in YMC Chapter 15.03.010, .020, The Greenway Master Plan was last updated in 1995 and was adopted by reference as part of the Yakima Urban Area Comprehensive Plan in April 1997. According to the 1995 Master Plan Update, commercial development in the area of the Subject Property "must be placed in the Greenway with a great deal of planning and consideration for the other needs of the Greenway. For this reason, commercial development has been encouraged only in those areas already zoned or developed commercially. All development should comply with Greenway design standards in order to maintain the integrity of the Greenway and a park like appearance throughout the corridor." Greenway design standards are set forth in Appendix Ito the 1995 Yakima Greenway Master Plan Update. C. The City faces a severe housing crisis and lack of affordable housing especially for its very low income population. The Subject Property was identified as a possible location for homeless housing, however, the Wastewater Division intended the application submitted to be considered as a non-project CPA and Rezone. Following a DOC.Use Agreement- 9 ° 458 SEPA review and Determination of Non-Significance issued on July 5, 2018, the City's land use applications then proceeded to open record public hearings on August 8, 2018 before the Yakima Planning Commission, Following a continuation of the public hearing to September 12, 2018, on September 26, 2018, the Yakima Planning Commission adopted Findings and Conclusions that while the Comprehensive Plan Amendment was consistent with applicable approval criteria and YMC Section 16,10.040, nevertheless, the proposed rezone was not considered compatible with the surrounding neighborhood. The said recommendation of the Yakima Planning Commission was deliberated on by the Yakima City Council and on November 6, 2018, the City indicated approval of both the Comprehensive Plan Amendment and Rezone. In order to allow time for a survey to be completed of the 2.5 acre site, on, or about, December 4, 2018, the Yakima City Council adopted Ordinance No. 2018-053 approving both the Comprehensive Plan Amendment and Rezone, with an effective date of January 6, 2019. D. Following the enactment of Ordinance No. 2018-053,the Yakima Greenway timely filed a Petition for Review of Land Use Decision ("LUPA Petition") in Yakima County Superior Court, Cause No. 18-2-04570-39, on December 21, 2018, and a Petition for Review_before-the Growth-Management Hearings-Board-of Eastern Washington ("GMHB Petition") on, or about, January 31, 2019. The LUPA Petition case in Yakima County Superior Court has been stayed pending review by the Growth Management Hearings Board, pursuant to Order entered therein on February 7, 2019. Proceedings before the Growth Management Hearings Board have been extended in accordance with RCW 36.70A.300(2)(b) to enable the parties to discuss alternate dispute resolution. A status report is due in the GMHB Petition case, Case No. 19-1-0001 on December 4, 2019. E. On, or about, August 5, 2019, a 6-person committee appointed by the Yakima City Council issued a report to the City Council to discuss and make recommendations concerning housing facilities that could be located on the Subject Property. That committee, consisting of representatives from the Arboretum, experts on programs and housing, City, County and community members and representatives, as well as City staff and legal counsel addressed three topics before the Council: (1) the nature of housing which may be appropriate and needed on the Subject Property; (2)the services potentially available on that site; and (3) the physical attributes of development at that location, including site-screening and other related topics. The Committee concluded that the Subject Property may not be optimal for housing,that there is no public transit available, the location was not walkable from town or close to services, and its proximity to the Wastewater plant was not ideal for housing. The Committee further acknowledged that the property was within the Greenway Overlay of the Yakima Zoning Ordinance and that the process outlined in the Yakima Municipal Code regarding the Greenway Overlay Zone would be required for any development of the property. Nevertheless,the Committee viewed the Subject Property as potentially suitable for some form of transitional housing with appropriate mitigations, support services, and outreach opportunities. The Yakima Greenway viewed several aspects of the Committee's report as compatible with the policies of the Yakima Greenway as long as certain safeguards are implemented and adhered to. DOC- Land Use Agreement-2 IN "" ` • 459 F. The parties have discussed the needs of the City, limitations on future use of the Subject Property, and additional mitigation proposals including Yakima Greenway use of City property adjacent and/or near the Subject Property for Yakima Greenway development and Yakima Greenway users and as a result of those discussions the parties have developed a strategy to protect and safeguard the Yakima Greenway which also helps address the shortage of affordable housing in Yakima for the very low income population. This Agreement, represents the culmination of the parties' discussions In this regard. AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in this Agreement, the parties agree as follows: 1. Prohibited Uses. In order for the Yakima Greenway to dismiss its LUPA Petition and GMHB Petition, the parties have first identified specifically prohibited uses of the Subject Property, The uses prohibited are in addition to those prohibited under Table 4- 1 of-Y_M.0 -Section/-5,04.030-in-the-GG zone,—and-as-it-may be amended. Additional prohibited uses of the Subject Property even though potentially allowed under said Table 4-1 in the GC zone are set forth on the attached Exhibit"C". 2. Conditions. Table 4-1 of YMC Section 15.04.030 allows for Group Homes, Adult Family Home, Boarding House, Convalescent and Nursing Homes, and Mission,1 I The following definitions currently apply to the Health and Social Service Facilities listed in this paragraph: "Group Home" means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children provided special care in a home like environment. This definition includes homes of this nature for six or fewer persons, excluding house parents,which are protected by state or federal laws as residential uses," "Adult Family Home"means a regular family abode,licensed by the state,in which a person or persons provide personal care, special care,room,and board,to more than one, but not more than six adults who are not related by blood or marriage to the person or persons providing the services," "Boarding House"means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semi-permanent basis. "Convalescent or Nursing Home" means an establishment providing nursing, dietary and other personal services to convalescents, invalids, or aged persons, but not mental cases or cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals." "Mission" means a facility typically owned or operated by a public agency or nonprofit corporation, providing a variety of services for the disadvantaged, typically including, but not limited to, temporary housing for the homeless,dining facilities, health and counseling activities, whether or not of a spiritual nature,with such services being generally provided to the public at large. Missions are subject to a Type 3 review and require an accompanying development agreement incorporating applicable development standards and mitigations imposed by hearing examiner. (Footnote continued on next page.) Land Use Agreement-3 DOC. INDEX '�_.- ''. .._.�.... 460 hereinafter referred to as"Care Facilities", under the land use category Health and Social Service Facility with varying review standards in the GC zone. For all Care Facilities, not prohibited under paragraph 1., above, there shall exist minimum standards to address issues of health and safety, operations and management, and facility design, which the parties hereto agree shall also be incorporated into a development agreement appurtenant to any such project development. A. Health and Safety. To promote health and safety to residents of any "Care Facilities" project targeted for the Subject Property as well as the public at- large, the following mitigation measures shall be required to be provided by the project developer: (i) the facility must have reasonable occupancy rules and regulations, adherence to which Is mandatory for continued residency, such rules to include, for example, prohibiting criminal activity, discharge of firearms, illegal drug use and trafficking, gang activities, prostitution and gambling, and shall also include limitations on the number of occupants, visitors,-and-noise-limitations;— (ii) any such developer must provide reasonable security in terms of construction, lighting, fencing and access as well as arranging for security staffing; (iii) any such developer shall assist with enhancing security for the benefit of the public within the Greenway Overlay, by reasonably providing for increased lighting in dark areas, particularly near the SR 24 underpass, and Robertson Landing shall be lighted and fenced for Greenway user safety; and, (iv) any such developer shall be required to insure reasonable means of transportation for occupants for medical, dental, treatment and therapy needs. Both parties acknowledge that at the time of entering into this Agreement the City's Planning Commission has recommended removing the definition of"boarding house"and adding a new definition to the categories of Health and Social Service Facilities, namely, congregate living facility,"It is anticipated these changes will be proposed to Table 4-1 of YMC Section 15.04.030 at a public hearing on December 3, 2019, If/when approved,the parties agree that the term "boarding house" herein will be replaced with the term "congregate living facility"defined as follows. "Congregate living facility" means an establishment providing both lodging and meals, or the ability for residents of the facility to cook their own meals, for persons residing in the facility on a permanent or semi-permanent basis. This definition includes facilities commonly known as boardinghouse or dormitories, except that dormitories provided In conjunction with a proposed or existing educational facility shall be an accessory use to that facility. DOC- • Land Use Agreement-4 a , 461 I E • B. Operations and Management. • (I) the facility must have a 24-hour on-site manager with experience in managing a Care Facility; (ii) besides an enforceable set of rules and regulations for its occupants, the facility must operate with reasonable procedures for maintenance, trash and debris removal, and weed and pest control; and (iii) the density of occupancy shall not exceed the allowed density of the facility meeting all Title 15 and City of Yakima development requirements. C. Facility Design and Compatibility Requirements. For any such Care Facility the Design Standards adopted as Appendix I to the Yakima Greenway Master Plan Update 1995 shall be adhered to as much as possible, - _provided, however—that—design--flexibilit-y—shaft be--promoted where it enhances the natural beauty of the Yakima Greenway and promotes access and recreational usage by the public and facility occupants of the Greenway Overlay, The conditions for approval of a Care Facility on the Subject Property is intended to allow for on-site support services such as medical, dental and therapy providers, employment training and housing placement and •• coordination with other systems for residents of the facility. In this regard, the parties have been made aware of a Portland, Oregon housing development known as "The Blackburn Center" and Bellevue, Washington shelter sometimes referred to as the"Eastside Men's Shelter"which provide models for further development facility design considerations, operations and program management, health and safety and mitigation of impacts on surrounding property. 3, Mitigation Measures; Yakima Greenway Use of City Owned Property Within Close Proximity to the Subject Property. The parties agree to enter into a Greenway License Agreement, in the form attached hereto as Exhibit"D" which will allow the Greenway possession and use of a portion of City owned property adjacent to the Subject Property,the Yakima Greenway and the Wastewater Treatment Plant, hereinafter referred to as the "License Property." As part of the License, the Greenway shall not construct any permanent structures on the License Property without prior approval by the City, which may be withheld in the discretion of the City. Further, the Greenway acknowledges that any improvements made to the License Property will be at Greenway's cost,will be adequately maintained by the Greenway, and, if abandoned upon termination • of the Agreement, will become the property of the City of Yakima. A map depicting the License Property, with access roads and future projects to which use of the License Property is allowed, is attached as Exhibit "2"to the License. Doc.D EX I I Land Use Agreement-6 462 4. Future Oversight and Development Within the Greenway Overlay. The parties understand and acknowledge that while efforts are being made to address and resolve the community's housing crisis, that public recreation areas such as the Yakima Greenway, which are not designed to meet the housing needs of the homeless, are sometimes resorted to for refuge. The City agrees that the Yakima Greenway is an area of concern and consideration for homeless clean-up activities conducted by the City. The parties further agree that that for land use applications involving property within the Greenway Overlay Zone staff shall provide direct notice to the Yakima Greenway, as a private group with a known interest in land use proposals within the Greenway Overlay. RCW 36.70B.110(4)(c). 5. Development Review Process. This Agreement contemplates that City Ordinance No. 2018-053 will remain in effect and that the Subject Property is rezoned GC. Except as otherwise specifically set forth in this Agreement, development of the Subjeot Proporty shall not be subject to ordinance, resolution, rule, regulation, standard, directive, condition, or other measure that is in conflict with the law on the effective date of this Agreement or that reduces the rights-provided by--this-Agreement unless agreed to - - in writing by the parties or imposed by the City through the exercise of substantive SEPA authority. Without limiting the generality of the foregoing, any changes in the law which would accomplish the following result on the Subject Property shall be deemed to conflict with the provisions of this Agreement: A. New legislation changing permitted land uses or the class or type of review of allowed uses in the General Commercial (GC) zone; B. New legislation redefining the terms for allowed uses within the General Commercial (GC) zone. The City, nevertheless, reserves the authority to impose new or different regulations to the extent required to prevent a serious threat to public health and safety. 6. Effective Date. The Effective Date of this Agreement shall be the date of the last, required and acknowledged signature hereto. 7. Resolution of Pending Litigation. Upon final execution of this Agreement, properly approved by the parties hereto, the LUPA Petition and GMHB Petition filed under Yakima County Superior Court Cause No. 18-2-04570-39 and GMHB case number 19- 1-0001 shall be dismissed and orders of dismissal with prejudice without an award of fees or costs to any party, shall be entered. The parties agree that no future litigation shall be commenced by the Yakima Greenway regarding the City's request for Comprehensive Plan Amendment and Rezone which resulted in the adoption of Ordinance No. 2018-053; provided, however, that the parties are,free, consistent with the terms herein, to seek judicial remedies if necessary to enforce or interpret the provisions of this Agreement. Land Use Agreement-6 DO "`. ._� 463 • 8. General Provisions. A. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. B. Amendment; Modifications. Any amendment to this Agreement must be approved by each of the following: (a) the City; and (b) the Yakima Greenway, their successors or assigns. C. Binding on Successors; Assignment; Enforcement. (i) Binding Agreement. This Agreement shall be effective, binding upon and inure to the benefit of the successors and assigns of the Yakima Greenway and the City. (ii) Assignment. The City has the right to assign or transfer all or any portion of its interest in the Subject Property to other parties. Consent by the Yakima-Greenway-shall-not--be -required-for-any-transfer-of-rights - — pursuant to this Agreement, Upon transfer, however, the transferee shall take any interest in the Subject Property subject to all obligations under this Agreement as to the property transferred. (iii) Enforcement of Agreement. The City, and the Yakima Greenway, may enforce the terms and conditions of this Agreement in any court or tribunal with jurisdiction. Venue for any such action shall lie in Yakima County, Washington. D. Recording. This Agreement shall be recorded with the Yakima County Auditor and shall be binding on the parties, their successors and assigns. E. Interpretation. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's and the Yakima Greenway's right to resolve land use disputes by agreement. This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall imply to the interpretation or enforcement of this Agreement. F. Severability. If any provision of this Agreement is determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law. If a court finds unenforceable or Invalid any portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent with the court decision, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification of this Agreement has been completed. If the parties do not Land Use Agreement- 7 DOC. N D X 464 mutually agree to modifications within forty-five (45) days after the court ruling, then either party may initiate the dispute resolution proceedings in subsection 8.G., for determination of the modifications which implement the intent of this Agreement and the court decision. G. Disputes; Default and Remedies. (i) Dispute Resolution. In the event of any dispute relating to this Agreement, all parties upon the request of any other party shall meet within seven (7) days of the request to seek in good faith to resolve the dispute. The City shall send the appropriate department director and persons with information relating to the dispute and the Yakima Greenway shall send a representative and any consultant or other person with technical information or expertise related to the dispute. (ii) Default and Remedies. No party shall be in default under this Agreement unless it has failed to perform under this Agreement for a _period_of-thirty-(30)-days-after-written-notice-of'default-from-any-other--- party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is something that cannot be reasonably cured within the thirty (30) days, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall not be deemed a default. Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation, damages, specific performance or writs to compel performance or require action consistent with this Agreement. H. No Third Party Beneficiary. This Agreement is made and entered into for the sole protection of the parties, their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 1, Integration. This Agreement represents the entire Agreement of the parties. There are no other agreements, oral or written, except as expressly set forth in this Agreement. J. Authority. 'The City and Yakima Greenway each represent and warrant that they have the respective power and authority, and are duly authorized to execute, deliver and perform their obligations under this Agreement. K. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. DOC° I Land Use Agreement- 8 465 I , • L. Notice. All communications, notices and demands of any kind which a party under this Agreement requires or desires to give to any other party shall be in writing and either (I) delivered personally; (ii) sent by electronic-mail transmission with request for receipt confirmation from the recipient (with return e-mail receipt serving as proof of delivery); or(iii) deposited in the US mail, certified mail, postage prepaid, return receipt requested and addressed as follows: If to Yakima Greenway: Yakima Greenway Foundation c/o Kellie Connaughton 111 South 18th Street Yakima, WA 98901 (509) 453-8280 kellie cx.yakimagreenway.org with_a-copy-to; Halverson I Northwest Law Group P.C. Michael F. Shinn PO Box 22550 405 E. Lincoln Avenue Yakima, WA 98907 (509) 248-6030 rnshinn@hnw.law If to the City: City of Yakima City Manager 129 N. 2nd Street Yakima, WA 98901 (509) 575-6040 with a copy to: City of Yakima Jeff Cutter Yakima City Attorney Legal Department 200 South Third Street, 2nd Floor Yakima, WA 98901 (509) 575-6030 ieff.cutter@sakimawa.gov LOC. Land Use Agreement-9 INDEX • 466 Notice by hand delivery or e-mail shall be effective with proof of receipt, if deposited in the mail, notice shall be deemed delivered forty-eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. I. Cooperation. The parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority to implement the intent of this Agreement. The City and Yakima Greenway agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. In this regard, the parties pledge to work cooperatively towards further updating the Yakima Greenway Master Plan and revisiting YMC Chapter 15.03 with regard to the Greenway Overlay and the adequacy of current land use legislation for the protection of the Yakima River Regional Greenway. IN WITNESS WHEREOF, this Agreement has been entered into between the City and the Yakima Greenway, and is effective as of the '711'`day of jJOV b•er, 2019. YAKIMA GREENWAY FOUNDATION, a Washington non profit corporation (Yakima Greenway) By: (� L 7 lien S. Jackson,0 esident CITY OF YAKIMA, a political subdivision of the State of Washington By: ;� h4t&4v /� ,,tr ►airtralu -'may Manager Approved as to Form: CITY CONTRACT NC: RT SOLUTION NO: r �l ��+ Je r, City Attorney [ACKNOWLEDGEMENTS ON FOLLOWING PAGE] Land Use Agreement- 10 DOC. INDEX 467 STATE OF WASHINGTON ) County of Yakima ) I certify that I know or have satisfactory evidence that ELLEN S. JACKSON, is the person who appeared before me and is the PRESIDENT of YAKIMA GREENWAY FOUNDATION, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (s)he is authorized to execute the same instrument on behalf of the corporation. Given under my hand and official seal this —r day of D h .r , 2019. MELANIE S BROWN Ltn tL&lad)- 8... .8tatOti- . NOTARY PUBUC0183181 NOTARY PUBLIC in and for the State STATE OFWASHINGTON of Washington, residing at t.f)Ol -k COMMISSION EXPIRES APRIL 19,2023 My commission Expires: 4-iI- ?a STATE OF WASHINGTON ) County of Yakima ) �(.-) I certify that I know or have satisfactory evidenpOciat ,rfrlij rntivi,y1446- is the person who appeared before me and is the`CITY MANAGER of THE CITY O YAKIMA, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (s)he is authorized to execute the same instrument on behalf of the corporation. Given under my hand and official seal this day of NID‘f , 2019. onowilllWINO (!(,et , NOTARY 'l:LIC in and fo ate ttOTA�YtP of Washington, residing at � ,ApUBLIG 9 My commission Expires: 1y J� � t ir�rr`1�WAs � '�ii�iiirr�lllilf�nti\���� Land Use Agreement-11 D : C. DEX 468 Exhibit"A" Legal Description of Subject Property That part of the Southwest quarter of Section 28 and the Southeast quarter of Section 29, Township 13 North, Range 19 East, W.M., described as follows: Commencing at the East quarter corner of said Section 29; Thence North 89°17'40"West along the North line of the Southeast quarter of said Section 29 a distance of 205.60 feet to the Northerly extension of the ' -Line" shown on Washington State Department of Transportation (WSDOT) right of way plans "SR 82 SR 24 Interchange" dated March 26, 2004; Thence South 0°25'20"West along said "W-Line"and its Northerly extension 396.05 feet; Thence South 89°34'40" East 70.00 feet the Easterly right of way line of South 22nct Street as shown on said WSDOT right of way plans and the Point of Beginning; Thence North 0°25'20" East along said right of way line 138.99 feet to an angle point in the Southerly right of way line of State Route 24; —Thence North-59°34'05"—East-along-said-right of-way-line-86.13-feet to-a-point-on-a-curve-- concave to the Southwest, the center of said curve bearing South 18°19'49" West 1575.00 feet; Thence Southeasterly along said curve consuming a central angle of 17°23'43" an arc length of 478.18 feet; Thence North 71°25'18" West 21.68 feet to the point of curvature of a curve concave to the South and having a radius of 45.00 feet; Thence Southwesterly along said curve consuming a central angle of 86°38'41" an arc length of 68.05 feet; Thence South 21°56'01" West 39.49 feet to the point of curvature of a curve concave to the Northwest and having a radius of 400.00 feet; Thence Southwesterly along said curve consuming a central angle of 23°37'37" an arc length of 164.95 feet; Thence South 45°33'39" West 25.92 feet to the point of curvature of a curve concave to the Northeast and having a radius of 82.00 feet; Thence consuming central angle of 126°10'43" an arc length of 180.58 feet; Thence North 8°15'39"West 73.57 feet to the point of curvature of a curve concave to the Southwest and having a radius of 125.00 feet; Thence consuming a central angle of 61°58'27" and arc length of 135.21 feet; Thence North 70°14'06" West 72,45 feet to the Point of Beginning; Situate in Yakima County, Washington. Land Use Agreement- 12 DO o a 469 Exhibit"B" Site Map [Original Map on File with City of Yakima] Land Use Agreement- 13 DO . DEX a„C —�- 470 Exhibit "C" Prohibited Uses 1. Low barrier emergency shelter, 2. Halfway house. 3. Treatment centers for drug and alcohol rehabilitation. 4. Correctional facilities. 5. A tavern, bar, nightclub, cocktail lounge, liquor store, discotheque, dance hall or any other establishment selling alcoholic beverages for on-premises consumption; provided, however, the foregoing shall not prohibit the operation of a restaurant where the sale of alcoholic beverages therein comprises less than thirty (30°%percent of the restaurant's grossreLenues. 6. A service station, automotive repair shop, truck stop or vehicle fueling station, 7. A flea market or pawnshop. 8. A dry cleaning plant, central laundry or laundromat (which shall not preclude a "drop off' and "pick up" dry cleaning service where all dry cleaning processes shall be located outside of such premises). 9. A piercing pagoda or tattoo parlor or similar establishment. 10. An adult type bookstore or other establishment selling, renting, displaying or exhibiting pornographic or obscene materials (including without limitation: magazines, books, movies, videos, photographs or so called "sexual toys") or providing adult type entertainment or activities (including, without limitation, any displays of a variety involving, exhibiting or depicting sexual themes, nudity or lewd acts. 11. A massage parlor or any establishment purveying similar services. 12. A mobile home or trailer court, labor camp, junkyard or stockyard. 13. A landfill, garbage dump or for the dumping, disposing, incineration or reduction of garbage. 14. A gambling establishment of any kind including, without limitation, a casino, bingo parlor or betting parlor (but lottery tickets may be sold and • Land Use Agreement- 14 D Co IN 471 government sponsored lottery and similar gaming devices may be operated incidental to non-casino and non-hotel primary business at the premises). 15. An assembling, manufacturing, industrial, distilling, refining or smelting facility. 16. A storage warehouse or storage facility, except for storage incidental to a permitted use. 17. Any use which regularly emits a noxious odor, loud noises or sounds which can be heard or smelled outside of the occupant's premises. 18. A "so called" head shop. 19. A store or facility for the retail, wholesale or medical distribution of marijuana, or the sale or distribution of drugs or drug products by any business other than a licensed pharmacy. I E i I DOC. Land Use Agreement- 15 D EX 472 Exhibit"D" License Agreement • DOC. MD Z Land Use Agreement- 16 - -~ 473 Return Address: Michael F. Shinn Halverson I Northwest Law Group P.C. PO Box 22550 Yakima, WA 98907 Document Title: Greenway License Grantor: City of Yakima, a municipal corporation; Grantee: Yakima Greenway Foundation, a Washington nonprofit corporation; The Public . Legal Description (abbreviated): A portion of the West '/Z of the SW '/4 of Section 28, T. 13 N., Range 19 E.W.M. Additional legal(s) on page(s) 6, Exhibit 1 Assessor's Tax Parcel IDs#; 191328-32005 DOC. INDEX 474 GREENWAY LICENSE PARTIES: Licensee: Yakima Greenway Foundation, a nonprofit corporation ity: City of Yakima, Washington, a municipal corporation SUBJECT PROPERTY: City owns and holds fee title to the following parcel: See Exhibit"1" Yakima County Assessor's Parcel No. 191328-32005 RECITALS: Licensee desires to improve the Subject Property_in_the_future_to_provide-for additional recreational opportunities for residents of the Yakima area and visitors to Yakima, said property being adjacent to and capable of complimenting the current recreational opportunities offered by the Yakima Greenway. City desires to provide for additional recreational opportunities and beautify the area adjacent to Highway 24 and the Yakima Greenway, in partnership with the Yakima Greenway to benefit the residents of Yakima and visitors to the City of Yakima and Yakima County. City and Licensee desire to enter into this License Agreement to allow Licensee to use the Subject Property to improve, beautify, and utilize the property for recreational purposes for the public, pursuant to the terms and conditions of this License Agreement. AGREEMENT: 1. Definitions. "City" shall mean the City of Yakima. "Licensee" shall mean the Yakima Greenway Foundation. 2. Term and Termination. The term of this License shall be for twenty-five (25) years commencing on the date of execution of this License by all parties. For the initial License term, the City may terminate this License only for a public purpose. After the initial twenty-five year period, this License shall automatically renew for additional one-year terms, but may be terminated by either party by giving six (6) months advance written notice prior to the next renewal date. C. Greenway License-1 § co 475 3, Grant of License/Premises. The City hereby grants to Licensee, a license for the purposes stated herein upon the Subject Property described above and in the attached Exhibit"1". An aerial photograph depicting the Subject Property is also attached as Exhibit "2". Fee interest in the Subject Property is owned by the City. 4. License Fee. There will be no License Fee for use of the Subject Property because the property is being used for public recreation, public benefit and public use. 5. Use of Premises. Licensee may use the premises for recreational pathways, gazebos, picnic shelters, benches, boardwalks, informational signs, lighting, parking lots (of any material), play structures, athletic fields, and similar improvements. All plans for the Subject Property must first be approved by the Public Works Director or its designee, of the City. In using the Subject Property, the Licensee shall comply with all policies and regulations promulgated by the City relative to the location, operation and maintenance of improvements located thereon. In so doing, the Licensee agrees to comply with all applicable federal, state, and local laws, ordinances, regulations, and environmental requirements. The Licensee further agrees to hold the City harmless from _ claims_or_suits resulting_fr_om_any failure_on the-part of-Licensee-to comply-with-these- - -- requirements. 6. Repair and Maintenance. Licensee shall maintain and repair all of its improvements authorized upon the Subject Property and shall inspect the Subject Property and provide routine maintenance and repair in keeping with Its supervision of all properties It controls within the Yakima Greenway Overlay, so as to allow safe public access and use. Licensee agrees to exercise reasonable care in keeping the Subject Property free of debris and waste within a reasonable time and in a good and workmanlike manner. 7. No Requirement for Immediate Development or Improvements. Licensee is not required to Install any improvements of a temporary, or permanent, nature during the term of the License. One of the intended benefits of the License is to buffer current uses in the Yakima Greenway Overlay from activities as may be permitted pursuant to that certain Land Use Agreement entered into by the City and the Yakima Greenway Foundation on, or about, November 7, 2019, and to provide Licensee with additional inventory of useable recreational property to aid Licensee in securing future state or federal funding for the placement of recreational improvements thereon. 8. Joint Use. It is understood that the Subject Property may be used jointly by Licensee and the City and that each party will conduct operations in a reasonable manner so as not to unreasonably interfere with the operations of the other. 9. Reservation of Rights to Maintain and Grant Utility Franchises and Permits. The City reserves the right for utility franchise and permit holders to enter upon the premises to maintain existing facilities and, for itself, to grant utility franchises, easements and/or permits across the premises (including easements for the City's wastewater facilities if necessary). Such installations will be accomplished in such a DOC. Greenway License-2 D,E 476 manner as to minimize any disruption to the Licensee. Licensee will contact the City before any improvements are placed or constructed in order to protect legally installed underground utilities. Exhibit "3" attached hereto depicts the current easements for utilities and access, as well as a projected easement for wastewater purposes. 10. City's Right of Entry and Inspection. City reserves the right to enter upon the premises at any time without notice to the Licensee for the purpose of conducting any activity associated with City operations. City shall in no way be responsible for any incidental or consequential damages due to such entry and inspection and any subsequent loss of use by Licensee. City may from time to time go upon the Subject Property for the purpose of inspecting any excavation, construction, or maintenance work being done by the License, 11. Hold Harmless/indemnification. Licensee, its successors or assigns, will protect, save and hold harmless the City, its authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Licensee, its assigns, agents, contractors, licensees, invitees, -employees,-or-any person--whomsoever,—arising-out-of-or-in-connection-with-any acts or activities authorized by the Licensee, resulting from acts or activities occurring on the Subject Property. Licensee further agrees to defend the City, its agents or employees in any litigation, including payment of any cost or attorney's fees, for any claims or actions arising out of or in connection with acts or activities authorized by this License. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the City or its authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of (a)the City, its agents, or employees; and (b) the Licensee, its agents or employees, and involves those actions covered by RCW 4,24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Licensee or its agents or employees. 12. Liability Insurance Required. Within five (5) business days of the execution of this License Agreement, Licensee shall file with the City evidence of comprehensive public liability insurance, or equivalent approved policy, with limits of not less than two million dollars combined single limit for bodily injury and property damage, with the City of Yakima, its elected and appointed officials, officers,employees and agents named as an insured party, insuring against liability from injury or damage resulting from Licensee's occupancy of, activities on, or construction or maintenance of any facilities on the Subject Property, which insurance shall be maintained in effect during the term of this License Agreement. 13. Nondiscrimination. Licensee, for itself, and successors and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that no person, on the grounds of race, color, creed, national origin, marital status, age, sex, or the presence of any sensory, mental or physical handicap shall be excluded from participation in, be denied the benefits of, or be otherwise unlawfully subjected to discrimination in the use of the Subject Property now, or hereafter, and that Greenway License-3 '` ' "X• 477 In connection with the construction of any improvements on the Subject Property and the furnishing and services thereon, no such discrimination shall be practiced in the selection of employees or contractors, or by contractors in the selection and retention of their subcontractors, that such discrimination shall not be practiced against the public in their access to and use of any facilities provided for public accommodation constructed or operated on, over, or under the Subject Property by Licensee. The breach of any of the above nondiscrimination covenants shall be a material act of default entitling the City to terminate this License in accordance with the procedures set forth herein. 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed to be delivered three (3) days after having been deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set forth below or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to the City: City of Yakima 129 N. 2nd Street Yakima, WA98901— Attention: City Manager Copy to: City of Yakima 129 N. 2nd Street Yakima, WA 98901 Attention: City Attorney If to Licensee: Yakima Greenway Foundation c/o Kellie Connaughton 111 S. 18th Street Yakima, WA 98901 15, Modification. This instrument contains all the agreements and conditions made between the parties hereto and may not be modified orally or in any manner other than by an agreement In writing signed by all parties hereto. No failure on the part of any party to enforce any covenant or provision herein contained, nor any waiver of any right thereunder by any party, unless in writing, shall discharge or invalidate such covenant or provision or effect the right of said party to enforce the same in the event of any subsequent breach or default, 16. Assignability. Licensee's obligations under this License cannot be assigned without the prior written consent of the City. // • // Greenway License-4 478 IN WITNESS WHEREOF the parties have caused this License to be executed by the duly authorized officers on the dates set forth below. CITY: LICENSEE: CITY OF YAKIMA, WASHINGTON YAKIMA GREENWAY FOUNDATION a municipal corporation a nonprofit corporation / __Figiori ,... _ikarati..... im ..." WOJA ,--` 0.,(.14071. 2 11Mfrt -'z, If Feu" 't Manager Ellen S. Jackson, Pr 'dent Dat-'of Execution: LLB [0rr Date of Execution: i U " 0 z�,i �1 ATTESTATION `` + STATE OF WASHINGTON 1 ) - ' - - )-ss. N i County of Yakima ) i 1 On this { day of• , 201911 certify that I know or have satisfactory 8 _, evidence that j yl �[AI� p City Manager of the City of Yakima, is the 1 person who+sap. ddred before me, and said person acknowledged that they are authorized to si � � ent on behalf of the City of Yakima, and acknowledged it to be their fre [ At for the uses and purposes mentioned in the instrument. 4 (c7, �OTARy ; 3. PUBLIC NOTARY UBLIC in and f r t State of f 9*. f'` ttz Washington, residing at: rrf� ..1,§1" �,0 My commission expires: g"" STA ''bi l i ,e INGTON ) ) ss, County of Yakima ) On this C) day of OCR O t r , 2019, I certify that I know or have satisfactory evidence that (fl 1-en Ja.C4C`aC Y'.y President of the Yakima Greenway Foundation, is the person who appeared before me, and said person acknowledged that they are authorized to sign this instrument on behalf of the Yakima Greenway Foundation, and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument, ( /'r th MELANIE S BROWN NOTARY PUBLIC in and for,he State of NOTARY PUBLIC#153181 Washington, residing at: STATE OF WASHINGTON My commission expires: -c COMMISSION EXPIRES APRIL 19, 2023 ;: Greenway License-5 DOC. • F 'v 479 Exhibit"1" Legal Description of Subject Property That portion of the West half of the Southwest quarter of Section 28, Township 13 North, Range 19 East, W.M. lying Westerly of the following described line: Beginning at the Northwest corner of said subdivision; thence South 87°16'50" East, along the North line thereof, 434,00 feet; thence South 0°00' East 1856.31 feet to a point herein described as Point "A" and the True Point of Beginning of the herein described line; thence North 46°06' East 219.00 feet; thence North 42°31' East 89.00 feet; thence North 34°46' East 125.00 feet; thence North 31°47' East 200.00 feet; thence North 26°50' East 339.00 feet; thence North 37°30' East 20 feet, more or less, to the South right-of-way line of State Highway No. 11-A and the terminus point of the herein described line; EXCEPT that portion thereof lying Westerly of the following described line: Beginning at the before mentioned Point"A"; thence North 33°46' West 114.00 feet; thence-along-a-curve to-the-right-having a central angle of 33°61'01", a radius of-145.00 feet and a length'of 85.67 feet; thence North 0°05' East 324,00 feet; thence North 1°48' West 112.00 feet; thence along a curve to the right having a central angle of 29°48'00", a radius of 295.00 feet and a length of 153,43 feet; thence North,28°00' East 136.00 feet; thence along a curve to the left having a central angle of 26°45'00", a radius of 150.00 feet and a length of 70.03 feet; thence North 1°15' East 429 feet, more or less, to the South right-of-way line of State Highway No. 11-A and the terminus point of the herein described line; AND EXCEPT that portion thereof lying Northerly of the South right-of-way line of State Highway No. 11-A, Containing 11 acres, more or less. OC. )N EX Greenway License -6 480 Exhibit"2" Aerial Photograph of Subject Property [Original Map on File with City of Yakima] DOC. INDEX Greenway License-7 481 Exhibit"3" Current and Projected Easements DOC. Greenway License-8 482 -_ fr \ H 4 s \ a// r -----it MOWr— — 'N VOW M tee:p+t li H x 374.ed Hz Q R+tµu 3 _ }r i,etbt, L - ......... 15513.51' -R CIO*E-----�. r I 1 \,N," \ A g41 \\*<.i 11 _ 5 r, Ot s. N , b, 1 Fray 1 �•� - ,R \ .. . Ti nn L, > ,A Pilmraippgip F. T h,1.045m. 0,g- xxv l . z 411 k; # fR11� 1 Nil 8 y4 to Teti igir . K os so 11Vgig%01440fq ti R ii V149; nir g 1 546RY 4. Illq IJflib* - h! hj i ENGINEERING-SURVEYING-PLANNING AUDITOR'S CERTIFICATE „,,, ,,.,.,, SURVEYOR'S CERTIFICATE A 621 NORTH 2Okh AVENUE, SUITES s w V�@`+ YAKIMA, WASHINGTON 98802 FILED FOR RECORD THIS—DAY OF %7AYto*r �'Qf- T IS MAP CORRECTLY REPRESENTS A (5091 575-8090 _ 20,AT_M.,UNDER A.F.NO. y/1 r p,..� 'O' SURVEY NAVE UT ME OR UNDER MY OMT31 OY, JOE ' RECORDS OF YAKIIIA COUNTY,WASHINGTON, `r "T DIRECTION IN CONFORMANCE WITH THE PRELIMINARY RECORD OF OURVEY REoENRCMENTS OF THE SURYEY p1M12/11/2OIs PEN OF PARCEL NE�. 191320-32005 /. RECORDING ACT AT TIC REQUEST ; l' OF DANA RALLEVIO IN NOVEMBER,2015, ,lai NO, 19257 —PREPARED FOR— ����yy_ CO9RTYAUBITOR by _ .... Slur!N0• CITY OF YAI(IMA WASTEWATER `` lout.u . ��JOSEPH W,BAKER DATE OF 1 W I/2,SW 1/4, SM. 28,T-13 N, R•-111 E,WN BY DEPUTE - - CERTIFICATE NO, 44333, 483 AFTER RECORDING RETURN TO; City of Yakima Clerks Office 129 North 2nd Street Yakima,WA 98901 TERRACE HEIGHTS SEWER DISTRICT EASEMENT FOR SANITARY SEWER FACILITIES THIS AGREEMENT,made this �v R day of bt'UzxrN 20 0 7___b_y_and between trio City of Yakima.a Washington municipal corporation',hereinafter called the Grantor, and the Terrace Heights Sewer District,Yakima County,Washington,a municipal corporation, hereinafter called the Grantee,in consideration of $ Roca the cost determined by applying the agreed upon value of twenty five cents($ .25)per square foot to the thirty nine thousand six hundred(39,600)total square feet of the granted easement set forth herein or,in the alternative to the twenty five cents($0.25)per square foot calculation,an actual professional appraised value per square foot for the total easement set forth herein so.long.as that value is provided to the City within thirty days of execution of this easement agreement,said consideration to be paid to Grantor within thirty(30)days of execution of this easement agreement,provides the following: WIT'NESSETH: For valuable consideration,receipt of which is hereby acknowledged and included herein, the Grantor,its successors and assigns,hereby grants and conveys to the Grantee,its successors and assigns, a non-exclusive easement and right-of-way twenty(20)feet in width and one thousand nine hundred eighty(I,980)feet in length,more or less,as depicted on the engineer's site map attached hereto and incorporated herein as Exhibit"A", over,under,upon and through a portion of that certain real property situated in the County of Yakima,State of Washington,for the purpose of construction,reconstruction,operation,maintenance and repair,replacement, enlargement and removal of two twelve-inch diameter wastewater force mains,which real property and easement are more particularly described as follows: Reference Surveys Book 43,Page 68,AFN 7362543 &Book 48,Page 83,records of Yakima County, Washington. Fexc.sa 1ak32ce) ..32130bq- St. •°-, -rmIsA5h'i Ira C. Page 1 of 3 NDEX 1111111111111 II 111111 II 756481Q3� 11 ae1 ° 4 � II I � I 1 YRKIM CITY CLERK EAS R35,�9 Yakima Co. WR 38P 484 A tract of land being that part of Parcel 191328-32005& 191329-44003,as described in •• Auditor's File Numbers 2512820 and 2526733,Sections 28 and 29,Township 13 North,Range • 19 East,W.M.,Yakima County,Washington,more particularly described as follows: • Beginning at the Center Quarter corner of said Section 28,a brass cap monument,LCR AFN 7036414,from which the South Quarter corner(LCR 2M-808)of said Section 28 bears South 00°50'57"West,2610,62 feet;thence South 65°43'45"West, 1967,82 feet,to a point on the Southerly Right-of-Way line of SR 24,Engineers Station 86+90.00, 85.00 feet right,per WSDOT Job Number 04Y014,Alignment and Right-of-Way Plans,the TRUE POINT OF BEGINNING;thence North 79°28'32"West,along said SR 24 Right-of-Way line, 14.14 feet; thence South 34'28'32"East, 18.29 feet;thence South 33°46'06"West,492.00 feet;thence North 88°05'16"West,665.90 feet;thence North 87°27'37"West,712,80 feet;thence North • 41°21'28"West,6.88 feet;thence North 87°26'46"West,64,77 feet;thence South 02°50'40" West,48.43 feet;thence South 87°09'20"East, 15.00 feet;thence North 02°50'40"East,28.50 feet;thence South 87°26'46"East,41,36 foot;thence South 41'21'28"East,6.88 feet;thence South 87°27'37"East,721.42 feet;thence South 88°05'16"East,677,13 feet;thence North ------ --33°46'06''-East,516.67 feet,to the Southerly Right-of-Way-lirwa-f STt.24 thence North 34°28'32"West,along said SR 24 Right-of-Way line, 11.84 feet;thence North 79°28'32"West, along said SR 24 Right-of-Way line, 14.14 foot to the TRUE POINT OF BEGINNING, TOGETHER WITH the right to enter upon,over and along said real property hereinbefore described,to construct,inspect,repair,alter,modify,replace,remove and update the sanitary sewer facilities,provided that such shall be accomplished in a manner that existing and future private improvements shall not be disturbed or destroyed,or in the event that they are disturbed or destroyed,they will be replaced or repaired,as nearly as practicable,to as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantee shall leave the easement property in a level graded condition following sewer force main installation. Grantee shall remain solely responsible for the existing asbestos-cement wastewater line that is to be abandoned on Grantor's property when the new sewer force mains are placed into service. The existing asbestos-cement line shall remain in place and Grantee shall provide en accurate site map identifying the location of said abandoned line to the Grantor. Any cleanup work associated with the abandoned wastewater line that may be required at any time in the future shall be provided solely at the cost and responsibility of Grantee, lithe Grantor should sell said easement property or construct permanent surfaces upon said easement property identified hereinabove,Orrantee shall have the option of relocating the sewer force mains away from the easement property that is subject to sale or construction of permanent surfaces,at its sole cost and labor, or shalt be solely responsible for the repair of said permanent surfaces should it become necessary for Grantee to remove said surfaces for repair to its lines. - Page 2 of 3 DOC. 1 Pp' 2Q 41 1011'p' �I I I� I IR ggt.A+ YAKIMR CLERK EN f3J,09 Yakima�Cc, WR 88P 485 Any such repairs to permanent surfaces shall restore said permanent surfaces to as good a condition as is practicable to match the condition they were in immediately before the work Grantee performs. Other than construction of permanent surfaces,the Grantor shall not place or construct any building, wall,fence,rockery nor plant large shrubs or trees within the boundaries of said easement area. The permanent rights herein granted to the Grantee shall continue with the land and be in force until such time as the Grantee,its successors and assigns,shall permanently abandon the same and upon such written removal or abandonment,all rights hereby granted shall terminate. THE GRANTORS warrant that the Grantors have good title to the above property and warrants the Grantee title to the easement conveyed herein, IN WITNESS WHEREOF,the Grantors have executed this instrument the day and year first written above. R. Zals,Jr.,Yakitna City Manager STATE OF 4:94/6 fcr1 ) ss County of_ 1 ' On this day of $I�tkAl before me personally appeared j2 -- • -. f5�. , and to me known to be the M _ and of the corporation that exeout-d the foregoing instrument,and acknowledged said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that • ktS city l#i-M PS ,is authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year in this cer'leate above written. STATE Of'WASHINGTON MICHELLE L, WILTSEY print f, NOTARY PUBLIC Notary Public and for the State of COMMISSION EXPIRES residing in Mil— County. MARCH ]s, 2010 My Commission expires: . 1 Pe/e • Page 3 of 3 1 I of 55O803 DOC. ! II11111 Pe ea a 4 @I?�87/E@@T 93 1 39P YAKlt1A CITY CLERK ER8 $354e Yakima Co, WA 114 486 i . • tt % ,+. % ', . '/ i // p ill -irs ": . , .. ,f ill 1 . .---„;.i.-. .-y,viiit_.e?. ., , .. , ,, _ b . , } w r . 1!.9/.:,.:1:,:-.4..-:/-,-"..././::...‘/. ./1 ' // lio '1 46•.5 4''',. . ' r" i-- dHO . dF10 i "`� '"dHp i 1 l I �.� I I r`� I .. , I ..> ,. ! .kgN R I.-:. , . • . ,. . q rdg . . 0,.,. tH . .... `k ,, 1 ,L,,, .1----n-It ., •:4.:-,itr-_ . •0 ii. 11 1 I' f e EXEIIBTT °A° ' nJ r 7550603 111 ill ff 11111111111111.11 Age 4 4• VAY t ran r i 7V nz re ,,,. Jil9�r�?rz907 of 93�39P 487 Hello my name is Konner Hopkins Executive Director of the Yakima Greenway Foundation, I am joined today by employees and members of our board of directors. Our organization has been responsible for the preservation and enhancement of the Yakima river from the Selah to Union gap reach since 1974 as you know we have since expanded and now operate parks, pathways and other natural areas from Naches to Union Gap. Our purpose includes conservation, recreation and education as they relate to the Yakima river and its tributaries. We understand and greatly sympathize with the displaced and unhoused population that resides in our community. Due to our expansive system of natural and improved parks we are intimately familiar with this community and are reminded every day of the crises these individuals face.We cannot overstate our desire for the Yakima community to find humane and sensible solutions for this group of people. The Greenway Overlay, adopted by the City of Yakima and Yakima County which covers the subject parcels states that commercial properties must be placed in the Greenway Overlay with a great deal of planning and consideration for the needs of the Yakima Greenway. For this reason, commercial development has been encouraged only in areas already zoned commercial and rezoning additional land to commercial is strongly discouraged. Increased commercial pressure will continue to undermine conservation and recreational effort the Yakima Greenway was intended for. Through review of the provided comprehensive plan amendment and rezone application the specific project location and scope appears to be misleading and confusing as the application was submitted on August 13th with parcel numbers for three parcels, project maps identifying these sites and a description "this will remove 7.57 acres of low density residential future land use designation." However A"Mini Segregation"Appears to have taken place on August 23rd in the project area which has redrawn parcel boundaries which appears to affect this acreage total. The Parcel Numbers in the application and their acreage total is now 4.64 acres. There are areas of land that the site map identifies that now do not fall in the boundary lines of these parcels. I would request clarification on the extent of the rezone and impact to future land use designation as it is not clear at this time. There is adjacent land that the City of Yakima entered into a license agreement with the Yakima Greenway that appears could be impacted by this mini segregation and rezone. This parcel is not identified by parcel number or site on the application however the parcel does now extend into the proposed site area as seen on the application maps. (The License Agreement provided) (Read City Desires). As the license recital states The City of Yakima desires to provide for additional recreational opportunities and beautify the area adjacent to Highway 24 and the Yakima Greenway. This change to the comprehensive plan and rezone does not appear to remain consistent with those desires. MOU SITE MAP Map identifies site for behavioral health center. New Mini Segregation shows what appears to be that site. Why if this rezone is intended to allow Comprehensive Health to operate within that DOC- INDEX 488 site has the City decided to expanded this Rezone onto the Camp Hope Parcel and other adjacent vacant parcels that fall within the Greenway overlay where as I have noted additional commercial property is strongly discouraged. DOC. ,1NDEX 489 % -s }.- t • +ice._ • ;r:14{. v lilliel*' • - . ' ,...... : -,I • : i hi ... . 4 . - tt-:11;40- ' °..,1*.4. • - ..... -1.1 • `Y . rd', ,... _ H:L r + t. ..,Eli --Jr, 1...•.,...- .- . .. _4 _ :..i. .i. , , ,., , f ...ter + Co.- , ippiTi4t I f .. ., m teti .,,4 CO IF f 4 . _ . :, ._ , . 1.... rri i ç' ' . . - _ A 77 IL in i. ' j- •..w r .� t • rr 1} -. • 1.. t I• }- cc , f r -.411114k.w f rt-•�. 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' -'7*--— • ^ itiours . . ; _... .....„ a et • .. _ . mit ' ii• lf p • i I MI S t . 1 t Y.%' . ..... _- I I , - _ • . DOC.t —-r-- ‘ifir. ,I ., 4 . ,, ..I f. • .,. ,... -- __ .- Eir,- ,-• am sr t t . . INDEX . . . . i r , i r I ' . C..... . , ' 1 ''ti•!. 1 * 1 • ' • - _ • P III '41'; .,..E-- ----4 9 3 .i • .. ..... ,,,,-;' / ! , _ .. ! - 1 - � I 127 .f C Op •- 7-:• .. .. ?� �p . , r+ -t ro M` i' alb. 11, „t y1 ► ; . 3 A. !c R. 2 - ro .= ,, j Ili r , I 1 . _». _ -;.i c cr l OQ 2 7 Q Pa -f . J 1 V O. o k . _ 7 1 = I `w. ��'M 1 ), Oil' • � 1 N o g. 0 pc -"' % c Q _ Cl ,-P. o 0. Ity 1J DOC. INDEX 494 RECEIVED YAKIMA AUG 272024 ENRY CITY OF PLANING DIV.� August 21, 2024 Bill Preston City of Yakima, Department of Community Development 129 N 2nd Street Yakima, WA98901 SUBJECT:Yakima Greenway Foundation Comments on CPA#004-24, RZ#004-24, SEPA#007-24—Proposed change to future land use map designation and concurrent rezone parcels 191329-41406,-41410,&41412. Dear Mr. Preston, The Yakima Greenway Foundation has reviewed the application materials associated with the proposed "Non-Project Rezone and Comprehensive Plan Amendment." The YGF is familiar with the subject parcels as the subject parcels lie within the Washington State Yakima River Conservation area (Greenway Overlay). This area was selected in 1977 by the Washington State Legislature as part of a uniquely valuable recreation, conservation, and scenic resource in the State of Washington. RCW 79A.05.750. With the intention to develop recreational areas and their related facilities and to preserve, as much as possible, the river wetlands in their natural state. The Yakima Greenway Master Plan was updated in 1995 and was adopted by reference as part of the Yakima Urban Area Comprehensive Plan.According to the 1995 Update commercial development in the area of the subject parcels must be placed in the Greenway with a great deal of planning and consideration for the needs of the Greenway. For this reason, commercial development has been encouraged only in areas already zoned commercial and rezoning additionalland to commercial is strongly discouraged. It was with these considerations in mind that the City of Yakima and YGF carefully crafted a Land Use Agreement for properties within the Greenway Overlay which was recorded December 19, 2019 under AFN 8038153 (a copy of which is attached). It does not appear as though the applicant was aware of this Agreement in the formulation of its CPA, RZ or SEPA applications and checklist. Significant time and effort went into the Agreement's formulation. Before significant land use changes are made to pave the way for a permanent mental healthcare facility the conditions of the Agreement must be factored in After performing a review of the application, the YGF is concerned about a commercial rezone of the subject parcels and its impact on the Yakima Greenway as commercial use is DOC, ECE VED AUG 2 7 2024 CITY OF YAKIIVIA PLANNING DIV, inconsistent with the Washington State Yakima River Conservation Area. It is concerning to the Yakima Greenway that a "Non-Project" rezone does not honor"a great deal of planning and consideration for the needs of the Greenway."The narrative section of the Comprehensive Plan Amendment application section 4 states "As traditional residential uses are not anticipated to be developed on this Suburban Residential-zoned property, changing its future land use to Commercial Mixed-Use will allow more options for future development of the property. The YGF is not aware of any cooperative planning that has taken place to ensure this future commercial use is beneficial to a state designated conservation area and is concerned that while the application states that this rezone will have no risk of environmental health hazards, there is a great risk of additional hazard waste spill and trash into the Yakima river as services and population grow in and around Camp Hope as well as the continued and increased risk of fire. The Yakima River has seen an increase in degradation due to human caused fires, illegal camping, litter, and drug paraphernalia.Additional Commercial property within this area will only increase the rate of this damage to the river and riparian areas. Increased commercial and urban pressure continues to be detrimental to the Yakima River and the efforts to further preserve and protect the Yakima River and surrounding sensitive natural areas, we must reduce our impact to this ecosystem rather than continue to add to it. The application provided to the YGF has been provided as a Non-Project Application. However, through the City of Yakima and Comprehensive Healthcare a project has been identified for the parcels noted in application. Per the application the City of Yakima has already entered into a MOU with Comprehensive Healthcare to operate a permanent mental health services clinic. In previous land use agreements between the YGF and City of Yakima conditional uses were permitted as "Establishments providing nursing, dietary and other personal services to convalescents, invalids, or aged persons but not mental cases or cases for contagious or communicable diseases which area customarily treated in sanitariums or hospitals." Thank you for the opportunity to comment and feel free to contact me by phone(509)388- 4500 or email konner@yakimagreenway.org with any questions. Sincerely, frHOpkS \ Executive Director Yakima Greenway Foundation DOC INDEX 496 Yakima County Auditor's File No. 8038153 Recorded 12/19/19 Return Address: Michael F. Shinn Halverson I Northwest Law Group P.C. PO Box 22550 Yakima, WA 98907 Document Title: Land Use Agreement Grantors: City of Yakima, a municipal corporation; Yakima Greenway Foundation, a Washington nonprofit corporation; Grantees: City of Yakima, a municipal corporation; Yakima Greenway Foundation, a Washington nonprofit corporation; The Public Legal Description (abbreviated): Ptn SW'/ S 28 and SE% S 29, T 13 N R 19 EWM Additional legal(s) on page(s) 12 Assessor's Tax Parcel IDs#: 191329-41400; 191329-41404; 191328-32005 AECEWED AUG 2 7 2024 CITY OF YAKIMA PLANNING DIV. INDEX , _._. 497 E 1 ED ..'I 2 7 2024 LAND USE AGREEMENT i Y YAKIMA PLANNING DIV. This Land Use Agreement (the "Agreement") is entered into by and between the CITY OF YAKIMA, a municipal corporation ("City"), and the YAKIMA GREENWAY FOUNDATION, a Washington nonprofit corporation ("Yakima Greenway"). RECITALS A. On, or about, April 30, 2018, the Wastewater Division of the City of Yakima through the Public Works Director for the City submitted land use applications for a Comprehensive Plan Map Amendment ("CPA"), Rezone, and for Environmental Review (the "Land Use Applications") with regard to a portion of Yakima County Assessor Tax Parcel Numbers 191329-41400, -41404, and 191328-32005 located in the vicinity of Highway 24 and South 22nd Street in Yakima, Washington. The request was to change the selected 2.5 acres from low-density to commercial mixed use on the Future Land Use Map of the Comprehensive Plan and to concurrently rezone the property from Suburban Residential (SR) to General Commercial (GC). The property in question has now been surveyed and the legal description for the approximately 2.5 acres is set forth on the attached Exhibit "A". B. The "Subject Property" (described in Exhibit "A") lies within the Yakima River Regional Greenway, sometimes identified as the "Greenway Overlay". A map depicting the site is also attached as Exhibit "B". This area was selected in 1977 by the Washington State Legislature as part of a uniquely valuable recreation, conservation, and scenic resource in the State of Washington. RCW 79A.05.750. Known as the "Washington State Yakima River Conservation Area", the purpose recognized by the state legislature for this property is for development of recreational areas and their related facilities and to preserve, as much as possible, the river wetlands in their natural state. RCW 79A.05.775. The City adopted the Yakima River Regional Greenway Plan as part of its zoning ordinance, recognizing the Greenway Overlay (GO), in YMC Chapter 15.03.010, .020. The Greenway Master Plan was last updated in 1995 and was adopted by reference as part of the Yakima Urban Area Comprehensive Plan in April 1997. According to the 1995 Master Plan Update, commercial development in the area of the Subject Property "must be placed in the Greenway with a great deal of planning and consideration for the other needs of the Greenway. For this reason, commercial development has been encouraged only in those areas already zoned or developed commercially. All development should comply with Greenway design standards in order to maintain the integrity of the Greenway and a park like appearance throughout the corridor." Greenway design standards are set forth in Appendix Ito the 1995 Yakima Greenway Master Plan Update. C. The City faces a severe housing crisis and lack of affordable housing especially for its very low income population. The Subject Property was identified as a possible location for homeless housing, however, the Wastewater Division intended the application submitted to be considered as a non-project CPA and Rezone. Following a Land Use Agreement- 1 iNDFX 498 SEPA review and Determination of Non-Significance issued on July 5, 2018, the City's land use applications then proceeded to open record public hearings on August 8, 2018 before the Yakima Planning Commission. Following a continuation of the public hearing to September 12, 2018, on September 26, 2018, the Yakima Planning Commission adopted Findings and Conclusions that while the Comprehensive Plan Amendment was consistent with applicable approval criteria and YMC Section 16.10.040, nevertheless, the proposed rezone was not considered compatible with the surrounding neighborhood. The said recommendation of the Yakima Planning Commission was deliberated on by the Yakima City Council and on November 6, 2018, the City indicated approval of both the Comprehensive Plan Amendment and Rezone. In order to allow time for a survey to be completed of the 2.5 acre site, on, or about, December 4, 2018, the Yakima City Council adopted Ordinance No. 2018-053 approving both the Comprehensive Plan Amendment and Rezone, with an effective date of January 6, 2019. D. Following the enactment of Ordinance No. 2018-053, the Yakima Greenway timely filed a Petition for Review of Land Use Decision ("LUPA Petition") in Yakima County Superior Court, Cause No. 18-2-04570-39, on December 21, 2018, and a Petition for Review before the Growth Management Hearings Board of Eastern Washington ("GMHB Petition") on, or about, January 31, 2019. The LUPA Petition case in Yakima County Superior Court has been stayed pending review by the Growth Management Hearings Board, pursuant to Order entered therein on February 7, 2019. Proceedings before the Growth Management Hearings Board have been extended in accordance with RCW 36.70A.300(2)(b) to enable the parties to discuss alternate dispute resolution. A status report is due in the GMHB Petition case, Case No. 19-1-0001 on December 4, 2019. E. On, or about, August 5, 2019, a 6-person committee appointed by the Yakima City Council issued a report to the City Council to discuss and make recommendations concerning housing facilities that could be located on the Subject Property. That committee, consisting of representatives from the Arboretum, experts on programs and housing, City, County and community members and representatives, as well as City staff and legal counsel addressed three topics before the Council: (1) the nature of housing which may be appropriate and needed on the Subject Property; (2)the services potentially available on that site; and (3) the physical attributes of development at that location, including site-screening and other related topics. The Committee concluded that the Subject Property may not be optimal for housing, that there is no public transit available, the location was not walkable from town or close to services, and its proximity to the Wastewater plant was not ideal for housing. The Committee further acknowledged that the property was within the Greenway Overlay of the Yakima Zoning Ordinance and that the process outlined in the Yakima Municipal Code regarding the Greenway Overlay Zone would be required for any development of the property. Nevertheless, the Committee viewed the Subject Property as potentially suitable for some form of transitional housing with appropriate mitigations, support services, and outreach opportunities. The Yakima Greenway viewed several aspects of the Committee's report as compatible with the policies of the Yakima Greenway as long as certain safeguards are implemented and adhered to. DOCs AUG 2 7 2024 Land Use Agreement-2 INDEXr ., ..� 499 F. The parties have discussed the needs of the City, limitations on future use of the Subject Property, and additional mitigation proposals including Yakima Greenway use of City property adjacent and/or near the Subject Property for Yakima Greenway development and Yakima Greenway users and as a result of those discussions the parties have developed a strategy to protect and safeguard the Yakima Greenway which also helps address the shortage of affordable housing in Yakima for the very low income population. This Agreement, represents the culmination of the parties' discussions in this regard. AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in this Agreement, the parties agree as follows: 1. Prohibited Uses. In order for the Yakima Greenway to dismiss its LUPA Petition and GMHB Petition, the parties have first identified specifically prohibited uses of the Subject Property. The uses prohibited are in addition to those prohibited under Table 4- 1 of YMC Section 15.04.030 in the GC zone, and as it may be amended. Additional prohibited uses of the Subject Property even though potentially allowed under said Table 4-1 in the GC zone are set forth on the attached Exhibit "C". 2. Conditions. Table 4-1 of YMC Section 15.04.030 allows for Group Homes, Adult Family Home, Boarding House, Convalescent and Nursing Homes, and Mission,1 The following definitions currently apply to the Health and Social Service Facilities listed in this paragraph: "Group Home" means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children provided special care in a home like environment. This definition includes homes of this nature for six or fewer persons, excluding house parents, which are protected by state or federal laws as residential uses," "Adult Family Home"means a regular family abode, licensed by the state, in which a person or persons provide personal care, special care, room, and board,to more than one, but not more than six adults who are not related by blood or marriage to the person or persons providing the services," "Boarding House" means an establishment providing both lodging and meals for not more than ten persons residing in the facility on a permanent or semi-permanent basis. Convalescent or Nursing Home" means an establishment providing nursing, dietary and other personal services to convalescents, invalids, or aged persons, but not mental cases or cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals." "Mission" means a facility typically owned or operated by a public agency or nonprofit corporation, providing a variety of services for the disadvantaged, typically including, but not limited to, temporary housing for the homeless, dining facilities, health and counseling activities, whether or not of a spiritual nature, with such services being generally provided to the public at large. Missions are subject to a Type 3 review and require an accompanying development agreement incorporating applicable development standards and mitigations imposed by hearing examiner. (Footnote continued on next page.) j rf EtVE D Land Use Agreement-3 y``y AUG 2 7 2024 bOC INDEX�� � 'rl t YAttYivir4 D t PLANNING DIV r' 500 hereinafter referred to as "Care Facilities", under the land use category Health and Social Service Facility with varying review standards in the GC zone. For all Care Facilities, not prohibited under paragraph 1., above, there shall exist minimum standards to address issues of health and safety, operations and management, and facility design, which the parties hereto agree shall also be incorporated into a development agreement appurtenant to any such project development. A. Health and Safety. To promote health and safety to residents of any "Care Facilities" project targeted for the Subject Property as well as the public at- large, the following mitigation measures shall be required to be provided by the project developer: (i) the facility must have reasonable occupancy rules and regulations, adherence to which is mandatory for continued residency, such rules to include, for example, prohibiting criminal activity, discharge of firearms, illegal drug use and trafficking, gang activities, prostitution and gambling, and shall also include limitations on the number of occupants, visitors, and noise limitations; (ii) any such developer must provide reasonable security in terms of construction, lighting, fencing and access as well as arranging for security staffing; (iii) any such developer shall assist with enhancing security for the benefit of the public within the Greenway Overlay, by reasonably providing for increased lighting in dark areas, particularly near the SR 24 underpass, and Robertson Landing shall be lighted and fenced for Greenway user safety; and, (iv) any such developer shall be required to insure reasonable means of transportation for occupants for medical, dental, treatment and therapy needs. Both parties acknowledge that at the time of entering into this Agreement the City's Planning Commission has recommended removing the definition of"boarding house" and adding a new definition to the categories of Health and Social Service Facilities, namely, "congregate living facility." It is anticipated these changes will be proposed to Table 4-1 of YMC Section 15.04.030 at a public hearing on December 3, 2019. If/when approved, the parties agree that the term "boarding house" herein will be replaced with the term "congregate living facility"defined as follows: "Congregate living facility" means an establishment providing both lodging and meals, or the ability for residents of the facility to cook their own meals, for persons residing in the facility on a permanent or semi-permanent basis. This definition includes facilities commonly known as boardinghouse or dormitories, except that dormitories provided in conjunction with a proposed or existing educational facility shall be an accessory use to that facility. RECEIVED Land Use Agreement-4 OO N Alm 2 7 2024 INDEX • r o ;�.d ., g 501 B. Operations and Management. (i) the facility must have a 24-hour on-site manager with experience in managing a Care Facility; (ii) besides an enforceable set of rules and regulations for its occupants, the facility must operate with reasonable procedures for maintenance, trash and debris removal, and weed and pest control; and (iii) the density of occupancy shall not exceed the allowed density of the facility meeting all Title 15 and City of Yakima development requirements. C. Facility Design and Compatibility Requirements. For any such Care Facility the Design Standards adopted as Appendix I to the Yakima Greenway Master Plan Update 1995 shall be adhered to as much as possible, provided, however that design flexibility shall be promoted where it enhances the natural beauty of the Yakima Greenway and promotes access and recreational usage by the public and facility occupants of the Greenway Overlay. The conditions for approval of a Care Facility on the Subject Property is intended to allow for on-site support services such as medical, dental and therapy providers, employment training and housing placement and coordination with other systems for residents of the facility. In this regard, the parties have been made aware of a Portland, Oregon housing development known as "The Blackburn Center" and Bellevue, Washington shelter sometimes referred to as the"Eastside Men's Shelter"which provide models for further development facility design considerations, operations and program management, health and safety and mitigation of impacts on surrounding property. 3. Mitigation Measures; Yakima Greenway Use of City Owned Property Within Close Proximity to the Subject Property. The parties agree to enter into a Greenway License Agreement, in the form attached hereto as Exhibit "D"which will allow the Greenway possession and use of a portion of City owned property adjacent to the Subject Property,the Yakima Greenway and the Wastewater Treatment Plant, hereinafter referred to as the "License Property." As part of the License, the Greenway shall not construct any permanent structures on the License Property without prior approval by the City, which may be withheld in the discretion of the City. Further, the Greenway I acknowledges that any improvements made to the License Property will be at Greenway's cost, will be adequately maintained by the Greenway, and, if abandoned upon termination of the Agreement, will become the property of the City of Yakima. A map depicting the License Property, with access roads and future projects to which use of the License Property is allowed, is attached as Exhibit "2"to the License. ': F. 2 7 2024 Land Use Agreement-5 b o( . of Y INDEXOF PLANNING OWV� ..._ '-1 502 4. Future Oversight and Development Within the Greenway Overlay. The parties understand and acknowledge that while efforts are being made to address and resolve the community's housing crisis, that public recreation areas such as the Yakima Greenway, which are not designed to meet the housing needs of the homeless, are sometimes resorted to for refuge. The City agrees that the Yakima Greenway is an area of concern and consideration for homeless clean-up activities conducted by the City. The parties further agree that that for land use applications involving property within the Greenway Overlay Zone staff shall provide direct notice to the Yakima Greenway, as a private group with a known interest in land use proposals within the Greenway Overlay. RCW 36.70B.110(4)(c). 5. Development Review Process. This Agreement contemplates that City Ordinance No. 2018-053 will remain in effect and that the Subject Property is rezoned GC. Except as otherwise specifically set forth in this Agreement, development of the Subject Property shall not be subject to ordinance, resolution, rule, regulation, standard, directive, condition, or other measure that is in conflict with the law on the effective date of this Agreement or that reduces the rights provided by this Agreement unless agreed to in writing by the parties or imposed by the City through the exercise of substantive SEPA authority. Without limiting the generality of the foregoing, any changes in the law which would accomplish the following result on the Subject Property shall be deemed to conflict with the provisions of this Agreement: A. New legislation changing permitted land uses or the class or type of review of allowed uses in the General Commercial (GC) zone; B. New legislation redefining the terms for allowed uses within the General Commercial (GC) zone. The City, nevertheless, reserves the authority to impose new or different regulations to the extent required to prevent a serious threat to public health and safety. 6. Effective Date. The Effective Date of this Agreement shall be the date of the last, required and acknowledged signature hereto. 7. Resolution of Pending Litigation. Upon final execution of this Agreement, properly approved by the parties hereto, the LUPA Petition and GMHB Petition filed under Yakima County Superior Court Cause No. 18-2-04570-39 and GMHB case number 19- 1-0001 shall be dismissed and orders of dismissal with prejudice without an award of fees or costs to any party, shall be entered. The parties agree that no future litigation shall be commenced by the Yakima Greenway regarding the City's request for Comprehensive Plan Amendment and Rezone which resulted in the adoption of Ordinance No. 2018-053; provided, however, that the parties are free, consistent with the terms herein, to seek judicial remedies if necessary to enforce or interpret the provisions of this Agreement. RECEIVED DOC. AUG 2 7 2024 Land Use Agreement- 6 INDEX E CITY OF YAKIMA ,i.\;1J C JlV 503 8. General Provisions. A. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. B. Amendment; Modifications. Any amendment to this Agreement must be approved by each of the following: (a) the City; and (b) the Yakima Greenway, their successors or assigns. C. Binding on Successors; Assignment; Enforcement. (i) Binding Agreement. This Agreement shall be effective, binding upon and inure to the benefit of the successors and assigns of the Yakima Greenway and the City. (ii) Assignment. The City has the right to assign or transfer all or any portion of its interest in the Subject Property to other parties. Consent by the Yakima Greenway shall not be required for any transfer of rights pursuant to this Agreement. Upon transfer, however, the transferee shall take any interest in the Subject Property subject to all obligations under this Agreement as to the property transferred. (iii) Enforcement of Agreement. The City, and the Yakima Greenway, may enforce the terms and conditions of this Agreement in any court or tribunal with jurisdiction. Venue for any such action shall lie in Yakima County, Washington. D. Recording. This Agreement shall be recorded with the Yakima County Auditor and shall be binding on the parties, their successors and assigns. E. Interpretation. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's and the Yakima Greenway's right to resolve land use disputes by agreement. This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall imply to the interpretation or enforcement of this Agreement. F. Severability. If any provision of this Agreement is determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law. If a court finds unenforceable or invalid any portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent with the court decision, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification of this Agreement has been completed. If the parties do not RECEIVED Land Use Agreement- 7 DO . 9 CITY� AKIMA 504 mutually agree to modifications within forty-five (45) days after the court ruling, then either party may initiate the dispute resolution proceedings in subsection 8.G., for determination of the modifications which implement the intent of this Agreement and the court decision. G. Disputes; Default and Remedies. (i) Dispute Resolution. In the event of any dispute relating to this Agreement, all parties upon the request of any other party shall meet within seven (7) days of the request to seek in good faith to resolve the dispute. The City shall send the appropriate department director and persons with information relating to the dispute and the Yakima Greenway shall send a representative and any consultant or other person with technical information or expertise related to the dispute. (ii) Default and Remedies. No party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is something that cannot be reasonably cured within the thirty (30) days, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall not be deemed a default. Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation, damages, specific performance or writs to compel performance or require action consistent with this Agreement. H. No Third Party Beneficiary. This Agreement is made and entered into for the sole protection of the parties, their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 1. integration. This Agreement represents the entire Agreement of the parties. There are no other agreements, oral or written, except as expressly set forth in this Agreement. J. Authority. The City and Yakima Greenway each represent and warrant that they have the respective power and authority, and are duly authorized to execute, deliver and perform their obligations under this Agreement. K. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. RECEIVED WED Land Use Agreement- 8 INDEX AUG 2 7 2024 OF YAKIMA Pt DIV 505 L. Notice. All communications, notices and demands of any kind which a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally; (ii) sent by electronic-mail transmission with request for receipt confirmation from the recipient (with return e-mail receipt serving as proof of delivery); or(Ili)deposited in the US mail, certified mail, postage prepaid, return receipt requested and addressed as follows: If to Yakima Greenway: Yakima Greenway Foundation c/o Kellie Connaughton 111 South 18th Street Yakima, WA 98901 (509) 453-8280 kelIieca yakimaQreenway.orq with a copy to: Halverson I Northwest Law Group P.C. Michael F. Shinn PO Box 22550 405 E. Lincoln Avenue Yakima, WA 98907 (509) 248-6030 mshinnAhnw.law • If to the City: City of Yakima City Manager 129 N. 2nd Street Yakima, WA 98901 (509) 575-6040 with a copy to: City of Yakima Jeff Cutter Yakima City Attorney Legal Department 200 South Third Street, 2nd Floor Yakima, WA 98901 RECEIVED (509) 575-6030 ieff.cutter0,vakimawa.gov AUG 2 7 2024 CI y YAKIMA PLANNING DIV. Land Use Agreement- 9 D . INDEX • �. ,,.. 506 Notice by hand delivery or e-mail shall be effective with proof of receipt, if deposited in the mail, notice shall be deemed delivered forty-eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. I. Cooperation. The parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority to implement the intent of this Agreement. The City and Yakima Greenway agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. In this regard, the parties pledge to work cooperatively towards further updating the Yakima Greenway Master Plan and revisiting YMC Chapter 15.03 with regard to the Greenway Overlay and the adequacy of current land use legislation for the protection of the Yakima River Regional Greenway. IN WITNESS WHEREOF, this Agreement has been entered into between the City and the Yakima Greenway, and is effective as of the I1lay of NO0e-0..b.e.r, 2019. YAKIMA GREENWAY FOUNDATION, a Washington non profit corporation (Yakima Greenway) By: O. .J7,r,3 co..a en S. ,Cackson, esident CITY OF YAKIMA, a political subdivision of the State of Washington le -...mr By: ^i m . .. di�`+� r" A 1. `7yManager I Approved as to Form: i CITY CONTRACT NO: �� RESOLUTION NO: � {�� �Y ' f I/2C/ I Je r, City Attorney [ACKNOWLEDGEMENTS ON FOLLOWING PAGE] Land Use Agreement- 10 DOC, A to G 2 7 2024 1NDPx t 11Y OF YAKIMA 17-,- Li_ , x,;J:NRC 03a," 507 AECHVED tit 2 7 2024 STATE OF WASHINGTON ) ;;i i Y OF YAKiMII County of Yakima ) PLANNING DIV. I certify that I know or have satisfactory evidence that ELLEN S. JACKSON, is the person who appeared before me and is the PRESIDENT of YAKIMA GREENWAY FOUNDATION, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (s)he is authorized to execute the same instrument on behalf of the corporation. 111 Given under my hand and official seal this — day of COA-cibl r , 2019. MELANIE S BROWN LIMLL/V t) is. I gt V) NOTARY PUBLIC0153181 , NOTARY PUBLIC in and for the State STATE OF WOASHINGTON of Washington, residingat `' COMMISSION EXPIRES g APRIL 19, 2023 Y My commission Expires: 4—I 4 _ c Ik:1. STATE OF WASHINGTON ) County of Yakima ) }� I certify that I know or have satisfactory eviden eclatr o f May-1-11416--- is the person who appeared before me and is the"ITY MANAGER of THE CITY O YAKIMA, the municipality that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses • and purposes therein mentioned, and on oath stated that (s)he is authorized to execute the same instrument on behalf of the corporation. Given under my hand and official seal this ( day of NrAr, , 2019. 004II11111)049/��� AALL7, I i 9 �' \` NOTARY PUBLIC in and fo ate ▪ I NOTARY'`� - of Washington, residing at • pjBL�G N + g My commission Expires: r fr�j°P vv'ii:6.0, .. DOC Land Use Agreement- 11 " IDES ...... .� 508 Exhibit"A" Legal Description of Subject Property That part of the Southwest quarter of Section 28 and the Southeast quarter of Section 29, Township 13 North, Range 19 East, W.M., described as follows: Commencing at the East quarter corner of said Section 29; Thence North 89°17'40"West along the North line of the Southeast quarter of said Section 29 a distance of 205.60 feet to the Northerly extension of the "W-Line" shown on Washington State Department of Transportation (WSDOT) right of way plans "SR 82 SR 24 Interchange" dated March 26, 2004; Thence South 0°25'20"West along said "W-Line" and its Northerly extension 396.05 feet; Thence South 89°34'40" East 70.00 feet the Easterly right of way line of South 22nct Street as shown on said WSDOT right of way plans and the Point of Beginning; Thence North 0°25'20" East along said right of way line 138.99 feet to an angle point in the Southerly right of way line of State Route 24; Thence North 59°34'05" East along said right of way line 86.13 feet to a point on a curve concave to the Southwest, the center of said curve bearing South 18°19'49" West 1575.00 feet; Thence Southeasterly along said curve consuming a central angle of 17°23'43" an arc length of 478.18 feet; Thence North 71°25'18" West 21.68 feet to the point of curvature of a curve concave to the South and having a radius of 45.00 feet; Thence Southwesterly along said curve consuming a central angle of 86°38'41" an arc length of 68.05 feet; Thence South 21°56'01" West 39.49 feet to the point of curvature of a curve concave to the Northwest and having a radius of 400.00 feet; Thence Southwesterly along said curve consuming a central angle of 23°37'37" an arc length of 164.95 feet; Thence South 45°33'39" West 25.92 feet to the point of curvature of a curve concave to the Northeast and having a radius of 82.00 feet; Thence consuming central angle of 126°10'43" an arc length of 180.58 feet; Thence North 8°15'39"West 73.57 feet to the point of curvature of a curve concave to the Southwest and having a radius of 125.00 feet; Thence consuming a central angle of 61°58'27" and arc length of 135.21 feet; Thence North 70°14'06" West 72.45 feet to the Point of Beginning; Situate in Yakima County, Washington. ECEIVED DO 0 AUG 2 7 2024 Land Use Agreement- 12INDEX , (,l f Y OF YAKIMA �_w 509 Exhibit "B" Site Map RECEIVED AUG 2 7 2024 CI t Y Ut. YAKIMA PLANNING DIV. [Original Map on File with City of Yakima] Land Use Agreement- 13 Doc. INDEX 510 Exhibit "C" Prohibited Uses 1. Low barrier emergency shelter. 2. Halfway house. 3. Treatment centers for drug and alcohol rehabilitation. 4. Correctional facilities. 5. A tavern, bar, nightclub, cocktail lounge, liquor store, discotheque, dance hall or any other establishment selling alcoholic beverages for on-premises consumption; provided, however, the foregoing shall not prohibit the operation of a restaurant where the sale of alcoholic beverages therein comprises less than thirty (30%) percent of the restaurant's gross revenues. 6. A service station, automotive repair shop, truck stop or vehicle fueling station. 7. A flea market or pawnshop. 8. A dry cleaning plant, central laundry or laundromat (which shall not preclude a "drop off' and "pick up" dry cleaning service where all dry cleaning processes shall be located outside of such premises). 9. A piercing pagoda or tattoo parlor or similar establishment. 10. An adult type bookstore or other establishment selling, renting, displaying or exhibiting pornographic or obscene materials (including without limitation: magazines, books, movies, videos, photographs or so called "sexual toys") or providing adult type entertainment or activities (including, without limitation, any displays of a variety involving, exhibiting or depicting sexual themes, nudity or lewd acts. 11. A massage parlor or any establishment purveying similar services. 12. A mobile home or trailer court, labor camp, junkyard or stockyard. 13. A landfill, garbage dump or for the dumping, disposing, incineration or reduction of garbage. 14. A gambling establishment of any kind including, without limitation, a casino, bingo parlor or betting parlor (but lottery tickets may be sold and ,:F EC' IV D DO C. AUG 2 7 2024 Land Use Agreement- 14 INDEX �. .. t".fT Y OF YAKIMA SIP OIV 511 government sponsored lottery and similar gaming devices may be operated incidental to non-casino and non-hotel primary business at the premises). 15. An assembling, manufacturing, industrial, distilling, refining or smelting facility. 16. A storage warehouse or storage facility, except for storage incidental to a permitted use. 17. Any use which regularly emits a noxious odor, loud noises or sounds which can be heard or smelled outside of the occupant's premises. 18. A "so called" head shop. 19. A store or facility for the retail, wholesale or medical distribution of marijuana, or the sale or distribution of drugs or drug products by any business other than a licensed pharmacy. REr4T1VELi, AUG 2 7 2024 CITY Of YAKIMA PLANNING DIV. Land Use Agreement- 15 b 0 , INDEX �._..._ 512 Exhibit "D" License Agreement RECEIVED Land Use Agreement- 16 AUG 2 7 2024 CITY OF YAKIMA INDEX •01NIMC DIV. # l' A't 513 Return Address: RECEIVED Michael F. Shinn Halverson j Northwest Law Group P.C. AUG 2 7 2024 PO Box 22550 Yakima, WA 98907 fATY OF viAt iv.t PLANNING DIV Document Title: Greenway License Grantor: City of Yakima, a municipal corporation; Grantee: Yakima Greenway Foundation, a Washington nonprofit corporation; The Public Legal Description (abbreviated): A portion of the West '/z of the SW 1/ of Section 28, T. 13 N., Range 19 E.W.M. Additional legal(s) on page(s) 6, Exhibit 1 Assessor's Tax Parcel I Ds#: 191328-32005 DISC: INDEX GREENWAY LICENSE PARTIES: Licensee: Yakima Greenway Foundation, a nonprofit corporation City: City of Yakima, Washington, a municipal corporation SUBJECT PROPERTY: City owns and holds fee title to the following parcel: See Exhibit "1" Yakima County Assessor's Parcel No. 191328-32005 RECITALS: Licensee desires to improve the Subject Property in the future to provide for additional recreational opportunities for residents of the Yakima area and visitors to Yakima, said property being adjacent to and capable of complimenting the current recreational opportunities offered by the Yakima Greenway. City desires to provide for additional recreational opportunities and beautify the area adjacent to Highway 24 and the Yakima Greenway, in partnership with the Yakima Greenway to benefit the residents of Yakima and visitors to the City of Yakima and Yakima•County. City and Licensee desire to enter into this License Agreement to allow Licensee to use the Subject Property to improve, beautify, and utilize the property for recreational purposes for the public, pursuant to the terms and conditions of this License Agreement. AGREEMENT: 1. Definitions. "City" shall mean the City of Yakima. "Licensee" shall mean the Yakima Greenway Foundation. 2. Term and Termination. The term of this License shall be for twenty-five (25) years commencing on the date of execution of this License by all parties. For the initial License term, the City may terminate this License only for a public purpose. After the initial twenty-five year period, this License shall automatically renew for additional one-year terms, but may be terminated by either party by giving six (6) months advance written notice prior to the next renewal date. IECEIVED DO Greenway License-1 C. AUG 2 7 2024 INDEX CITY OF YAKIMA ANNING DIV •.--�'• ..� 515 REGIE1 V M P AUG 27 MN. :at t' Of YMLMA 3. Grant of License/Premises. The City hereby grants to Licensee, a IicRrikG Dili for the purposes stated herein upon the Subject Property described above and in the attached Exhibit"1". An aerial photograph depicting the Subject Property is also attached as Exhibit "2". Fee interest in the Subject Property is owned by the City. 4. License Fee. There will be no License Fee for use of the Subject Property because the property is being used for public recreation, public benefit and public use. 5. Use of Premises. Licensee may use the premises for recreational pathways, gazebos, picnic shelters, benches, boardwalks, informational signs, lighting, parking lots (of any material), play structures, athletic fields, and similar improvements. All plans for the Subject Property must first be approved by the Public Works Director or its designee, of the City. In using the Subject Property, the Licensee shall comply with all policies and regulations promulgated by the City relative to the location, operation and maintenance of improvements located thereon. In so doing, the Licensee agrees to comply with all applicable federal, state, and local laws, ordinances, regulations, and environmental requirements. The Licensee further agrees to hold the City harmless from claims or suits resulting from any failure on the part of Licensee to comply with these requirements. 6. Repair and Maintenance. Licensee shall maintain and repair all of its improvements authorized upon the Subject Property and shall inspect the Subject Property and provide routine maintenance and repair in keeping with its supervision of all properties it controls within the Yakima Greenway Overlay, so as to allow safe public access and use. Licensee agrees to exercise reasonable care in keeping the Subject Property free of debris and waste within a reasonable time and in a good and workmanlike manner. 7. No Requirement for Immediate Development or Improvements. Licensee is not required to install any improvements of a temporary, or permanent, nature during the term of the License. One of the intended benefits of the License is to buffer current uses in the Yakima Greenway Overlay from activities as may be permitted pursuant to that certain Land Use Agreement entered into by the City and the Yakima Greenway Foundation on, or about, November 7, 2019, and to provide Licensee with additional inventory of useable recreational property to aid Licensee in securing future state or federal funding for the placement of recreational improvements thereon. 8. Joint Use. It is understood that the Subject Property may be used jointly by Licensee and the City and that each party will conduct operations in a reasonable manner so as not to unreasonably interfere with the operations of the other. 9. Reservation of Rights to Maintain and Grant Utility Franchises and Permits. The City reserves the right for utility franchise and permit holders to enter upon the premises to maintain existing facilities and, for itself, to grant utility franchises, easements and/or permits across the premises (including easements for the City's wastewater facilities if necessary). Such installations will be accomplished in such a Green way License-2DOCy `x '' 11 516 manner as to minimize any disruption to the Licensee. Licensee will contact the City before any improvements are placed or constructed in order to protect legally installed underground utilities. Exhibit "3" attached hereto depicts the current easements for utilities and access, as well as a projected easement for wastewater purposes. 10. City's Right of Entry and Inspection. City reserves the right to enter upon the premises at any time without notice to the Licensee for the purpose of conducting any activity associated with City operations. City shall in no way be responsible for any incidental or consequential damages due to such entry and inspection and any subsequent loss of use by Licensee. City may from time to time go upon the Subject Property for the purpose of inspecting any excavation, construction, or maintenance work being done by the License. 11. Hold Harmless/Indemnification. Licensee, its successors or assigns, will protect, save and hold harmless the City, its authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Licensee, its assigns, agents, contractors, licensees, invitees, employees, or any person whomsoever, arising out of or in connection with any acts or activities authorized by the Licensee, resulting from acts or activities occurring on the Subject Property. Licensee further agrees to defend the City, its agents or employees in any litigation, including payment of any cost or attorney's fees, for any claims or actions arising out of or in connection with acts or activities authorized by this License. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the City or its authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the City, its agents, or employees; and (b) the Licensee, its agents or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Licensee or its agents or employees. 12. Liability Insurance Required. Within five (5) business days of the execution of this License Agreement, Licensee shall file with the City evidence of comprehensive public liability insurance, or equivalent approved policy, with limits of not less than two million dollars combined single limit for bodily injury and property damage, with the City of Yakima, its elected and appointed officials, officers, employees and agents named as an insured party, insuring against liability from injury or damage resulting from Licensee's occupancy of, activities on, or construction or maintenance of any facilities on the Subject Property, which insurance shall be maintained in effect during the term of this License Agreement. 13. Nondiscrimination. Licensee, for itself, and successors and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that no person, on the grounds of race, color, creed, national origin, marital status, age, sex, or the presence of any sensory, mental or physical handicap shall be excluded from participation in, be denied the benefits of, or be otherwise unlawfully subjected to discrimination in the use of the Subject Property now, or hereafter that Doc. Greenway License-3 INDE°X AUG 2 7 2024 Gil Y OF YAKIlvmm PLANNING DIV. 517 in connection with the construction of any improvements on the Subject Property and the furnishing and services thereon, no such discrimination shall be practiced in the selection of employees or contractors, or by contractors in the selection and retention of their subcontractors, that such discrimination shall not be practiced against the public in their access to and use of any facilities provided for public accommodation constructed or operated on, over, or under the Subject Property by Licensee. The breach of any of the above nondiscrimination covenants shall be a material act of default entitling the City to terminate this License in accordance with the procedures set forth herein. 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed to be delivered three (3) days after having been deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set forth below or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to the City: City of Yakima 129 N. 2nd Street Yakima, WA 98901 Attention: City Manager Copy to: City of Yakima 129 N. 2nd Street Yakima, WA 98901 Attention: City Attorney If to Licensee: Yakima Greenway Foundation c/o Kellie Connaughton 111 S. 18th Street Yakima, WA 98901 15. Modification. This instrument contains all the agreements and conditions made between the parties hereto and may not be modified orally or in any manner other than by an agreement in writing signed by all parties hereto. No failure on the part of any party to enforce any covenant or provision herein contained, nor any waiver of any right thereunder by any party, unless in writing, shall discharge or invalidate such covenant or provision or effect the right of said party to enforce the same in the event of any subsequent breach or default. 16. Assignability. Licensee's obligations under this License cannot be assigned without the prior written consent of the City. RECEIVED AUG 2 7 2024 // CITY OF YAKI A PLANNING DIV, .; Greenway License-4 . 518 IN WITNESS WHEREOF the parties have caused this License to be executed by the duly authorized officers on the dates set forth below. CITY: LICENSEE: CITY OF YAKIMA, WASHINGTON YAKIMA GREENWAY FOUNDATION a municipal corporation a nonprofit corporation /le WA I W i ,Iemilit-.41111LIP, j./Zi/ r:....-U,i,e A ad(a7(.2 airii 'M'rt z, If to f. . Manage Ellen S. Jackson, P Ident Dat- of Execution: LL1,7 I LI Date of Execution: ID "30 - gI q m `ci ATTESTATION STATE OF WASHINGTON ) e3 ) ss. i- i County of Yakima ) (1A)-ellwi i1 On this '1 day of V` , , 201 , certify that I know or have satisfactory 8 evidence that 111 t City Manager of the City of Yakima, is the c, 1 person whourr� a red before me, and said person acknowledged that they are authorized �srfl to siii [went on behalf of the City of Yakima, and acknowledged it to be their fre0k*Iiii*OtAt for the uses and purposes mentioned in the instrument. n , I 1( t.OTAR?' ' PUBLIC _ NOTARY&'UBLIC in and f r t e State of A4. •;6 Washington, residing at: 4 ;�'� o''.•.'•t \\,',,1„��` My commission expires: ,9` STA11 oroNER `HINGTON ) ) ss. County of Yakima ) On this '0 day of 0C70 P�r , 2019, I certify that I know or have satisfactory evidence that El{-e4-- JaxC C`6 O .,- President of the Yakima Greenway Foundation, is the person who appeared before me, and said person acknowledged that they are authorized to sign this instrument on behalf of the Yakima Greenway Foundation, and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. �J y J• _x-..-ti~a-.'`-ti,-;.:.�..�::c.c..:, (L.1.-C l..A (/ i 1/4S-• idek5X-- MELANIE S BROWN NOTARY PUBLIC in and for,he State of NOTARY PUBLIC#153181 Washington, residing at: STATE OF WASHINGTON My commission expires: COMMISSION EXPIRES APRIL 19, 2023 ;: of Tp RECEIVED !f ED Greenway License-5 1 ii D EX AUG 2 7 2024 ' .1' IA519 ell Y Ut- YAKIMA PLANNING DIV. RECEIVED Exhibit "1" Al f " 71 7..Q2'4 ti Legal Description of Subject Property ; . ( 1�rt , �,�, tdtC 0t� That portion of the West half of the Southwest quarter of Section 28, Township 13 North, Range 19 East, W.M. lying Westerly of the following described line: Beginning at the Northwest corner of said subdivision; thence South 87°16'50" East, along the North line thereof, 434.00 feet; thence South 0°00' East 1856.31 feet to a point herein described as Point "A" and the True Point of Beginning of the herein described line; thence North 46°06' East 219.00 feet; thence North 42°31' East 89.00 feet; thence North 34°46' East 125.00 feet; thence North 31°47' East 200.00 feet; thence North 26°50' East 339.00 feet; thence North 37°30' East 20 feet, more or less, to the South right-of-way line of State Highway No. 11-A and the terminus point of the herein described line; EXCEPT that portion thereof lying Westerly of the following described line: Beginning at the before mentioned Point "A"; thence North 33°46' West 114.00 feet; thence along a curve to the right having a central angle of 33°51'01", a radius of 145.00 feet and a length of 85.67 feet; thence North 0°05' East 324.00 feet; thence North 1°48' West 112.00 feet; thence along a curve to the right having a central angle of 29°48'00", a radius of 295.00 feet and a length of 153.43 feet; thence North28°00' East 136.00 feet; thence along a curve to the left having a central angle of 26°45'00", a radius of 150.00 feet and a length of 70.03 feet; thence North 1°15' East 429 feet, more or less, to the South right-of-way line of State Highway No. 11-A and the terminus point of the herein described line; AND EXCEPT that portion thereof lying Northerly of the South right-of-way line of State Highway No. 11-A. Containing 11 acres, more or less. Greenway License-6 Exhibit"2" Aerial Photograph of Subject Property [Original Map on File with City of Yakima] a RECEIVED Greenway License-7 "'�"° INDEX AUG 2 '.{ 2024 WY Of YAKii,o, 521 PLANNING O J RECEIVED Exhibit "3" AUG 2 7 2024 Current and Projected Easements CrI-Y OF Y tstKtt,„A PLANNING Div Greenway License-8 Dorn imm x�`..�. rV 1e 522 • / +T,/ w+ z a N / I N / I'n N K \ s47 // .s \ �-:N 5 - — -..,.M O'09'00'E^ T-N VIP'00 WI—^d.gya.V i We d' 229.00' T 112A0' R.7p,S_pOW. 6Y q fe.A 111 ] ii Y Y'� N OVObO•-E iSj, 4.. 4 I ` r� \ 1896,V h u QjQ —� N 1'1lYq E-�/� Y ':, 428'f k, Csoo \ Ait" In y r\ , �ti N kbW d \ e — L K \ •.4, w= ;z y Aa K RnXV6g6-9,6M UrgUirl tor 'Asi R RilFi=- AM. a• Igo Y co g P ,'A $S$ E O. v F O � � ��01;-5� D�B�ml� Fi���sq m $ m. ' k� , ? it p, i'�'ou'm,3gnQ y l'iii8iial P.m 1,1 RECEIVED roel q jgyt 1aTha o- -, p1 #.. .. — r CITY UI- YAKa1mi PLANNING CAL ENGINEERING—SURVEYING—PLANNING AUDITORS CERTIFICATE SURVEYORS CERTIFICATE HA 521 NORTH 20th AVENUE, SUITE 3 �y µ yr. YAKIMA, WASHINGTON 95902 FILED FOR RECORD THIS IT OF • /111}4 Wye° THIS MAP CORRECTLY REPRESENTS A 1509) 575-6990 20 _,AT M.,UNDER A.F. NO / 'i-• SURVEY MADE BY ME OR UNDER MY RECORDS OF YAKIMA COUNTY WASHINCTDN. b ,l/t.', DIRECTION IN CONFORMANCE WITH THE "M a.: JOE PRELIMINARY RECORD OF SURVEY - c REQUIREMENTS OF THE SURVEY OMETD/I1/2019 PTN OF PARCEL NO. 191329 - 32005 —"'"-- 1 �/2� RECORDING ACT AT THE REQUEST JOB a0 19297 —PREPARED FOR— --, COUNTY AUDITOR . +��.o: y� OF DANA KAIIEVIG IN NOVEMBER, 2019, Blatt NO. CITY OF YAKIMA WASTEWATER `9wc LA1� �m ' COSEPH W. BAKER DATE 1 W 1/2, SW 1/4, SEC, 28,T-13 N. R-19 E,WM BY DEPUTY CERTIFICATE NO. 44333. 523 • AUG AFTER RECORDING RETURN TO: 024 City of Yakima Clerks Office r ° OF YAKIMA 129 North 2nd Street (- �llr(1; ow, Yakima,WA 98901 TERRACE HEIGHTS SEWER DISTRICT EASEMENT FOR SANITARY SEWER FACILITIES THIS AGREEMENT,made this day of Lbruary 20©"7 by and between the City of Yakima,a Washington municipal corporation,hereinafter called the Grantor, and the Terrace Heights Sewer District,Yakima County,Washington,a municipal corporation, hereinafter called the Grantee,in consideration of $ q00 the cost determined by applying the agreed upon value of twenty five cents($ .25)per square foot to the thirty nine thousand six hundred(39,600)total square feet of the granted easement set forth herein or,in the alternative to the twenty five cents($0.25)per square foot calculation,an actual professional appraised value per square foot for the total easement set forth herein so long as that value is provided to the City tY within thirty days of execution of this easement agreement,said consideration to be paid to Grantor within thirty(30)days of execution of this easement agreement,provides the following: WITNESSETH: For valuable consideration,receipt of which is hereby acknowledged and included herein, the Grantor,its successors and assigns,hereby grants and conveys to the Grantee,its successors and assigns,a non-exclusive easement and right-of-way twenty(20)feet in width and one thousand nine hundred eighty(1,980)feet in length,more or less,as depicted on the engineer's site map attached hereto and incorporated herein as Exhibit"A", over,under,upon and through a portion of that certain real property situated in the County of Yakima, State of Washington,for the purpose of construction,reconstruction,operation,maintenance and repair,replacement, enlargement and removal of two twelve-inch diameter wastewater force mains,which real property and easement are more particularly described as follows: Reference Surveys Book 43,Page 68,AFN 7362543 &Book 48,Page 83,records of Yakima County, Washington. Poxc" -# \a\32.b -4-1ti9t a'3 •o �5 j Page 1 of 3 ' e 111 1111 MIMIC 11111111 el I of 4 9E�9aa93 39P YAKIMA CITY CLERK EA5 $35.99 Yakima Co, WA INDEX 524 A tract of land being that part of Parcel 191328-32005 & 191329-44003, as described in Auditor's File Numbers 2512820 and 2526733, Sections 28 and 29,Township 13 North,Range 19 East,W.M.,Yakima County, Washington,more particularly described as follows: Beginning at the Center Quarter corner of said Section 28,a brass cap monument,LCR AFN 7036414, from which the South Quarter corner(LCR 2M-808)of said Section 28 bears South 00°50'57"West,2610,62 feet;thence South 65°43'45"West, 1967,82 feet,to a point on the Southerly Right-of-Way line of SR 24,Engineers Station 86+90.00, 85.00 feet right,per WSDOT Job Number 04Y014,Alignment and Right-of-Way Plans,the TRUE POINT OF BEGINNING;thence North 79°28'32"West,along said SR 24 Right-of-Way line, 14.14 feet; thence South 34°28'32"East, 18.29 feet;thence South 33°46'06"West,492.00 feet; thence North 88°05'1 6"West,665.90 feet;thence North 87°27'37"West,712.80 feet;thence North 41°21'28"West, 6.88 feet;thence North 87°26'46"West, 64.77 feet;thence South 02°50'40" West, 48.43 feet;thence South 87°09'20"East, 15.00 feet;thence North 02°50'40"East,28.50 feet;thence South 87°26'46"East,41.36 feet;thence South 41°21'28"East,6.88 feet;thence South 87°27'37"East,721.42 feet;thence South 88°05'16"East,677.13 feet;thence North 33°46'06"East,516.67 feet,to the Southerly Right-of-Way line of SR 24;thence North 34°28'32"West, along said SR 24 Right-of-Way Iine, 11.84 feet;thence North 79°28'32"West, along said SR 24 Right-of-Way line, 14.14 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH the right to enter upon,over and along said real property hereinbefore described,to construct,inspect,repair,alter,modify,replace,remove and update the sanitary sewer facilities,provided that such shall be accomplished in a manner that existing and future private improvements shall not be disturbed or destroyed,or in the event that they are disturbed or destroyed,they will be replaced or repaired,as nearly as practicable,to as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantee shall leave the easement property in a level graded condition following sewer force main installation. Grantee shall remain solely responsible for the existing asbestos-cement wastewater line that is to be abandoned on Grantor's property when the new sewer force mains are placed into service. The existing asbestos-cement line shall remain in place and Grantee shall provide an accurate site map identifying the location of said abandoned line to the Grantor. Any cleanup work associated with the abandoned wastewater line that may be required at any time in the future shall be provided solely at the cost and responsibility of Grantee. If the Grantor should sell said easement property or construct permanent surfaces upon said easement property identified hereinabove,Grantee shall have the option of relocating the sewer force mains away from the easement property that is subject to sale or construction of permanent surfaces, at its sole cost and labor,or shall be solely responsible for the repair of said permanent surfaces should it become necessary for Grantee to remove said surfaces for repair to its lines. ECF " Page 2 of 3 'AUG 2 ;1 202E 7550603 Paget R of 4 s�ri,�y„� i;s. 92/27/2097 93139P PLANNING DIV. YAKIII CITY CLERKER9 $35.09 Yakima Co, NR # 525 • RECEIVED :AUG 2 E 2024 Anysuch repairs to ITY OF YAKIMA p permanent surfaces shall restore said permanent surfaces to as good a PLANNING DIV. condition as is practicable to match the condition they were in immediately before the work Grantee performs. Other than construction of permanent surfaces,the Grantor shall not place or construct any building,wall,fence,rockery nor plant large shrubs or trees within the boundaries of said easement area. The permanent rights herein granted to the Grantee shall continue with the land and be in force until such time as the Grantee,its successors and assigns, shall permanently abandon the same and upon such written removal or abandonment,all rights hereby granted shall terminate. • THE GRANTORS warrant that the Grantors have good title to the above property and warrants the Grantee title to the easement conveyed herein, IN WITNESS WHEREOF,the Grantors have executed this instrument the day and year first written above. R.A 2ais,Jr., Yakima City Manager g STATE OF 454 } ) ss County of l/4 .. _. On this day of f- aLtiow before �,r� me personally appeared •�. 5��"" and / to me known to be the ft-ikkivilEitt, and- - _ of the corporation that executed the foregoing instrument,and acknowledged said instruuent to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that g•4. 7 cs� •f -y / /4 M Pam) is authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and official seal the day and year in this ce 'ficate above written. STATE OF WASHINGTON MICHELLE L, WILTSEY print IL4 tc , 2-- NOTARY PUBLIC Notary Public in and for the State of a COMMISSION EXPIRES residing in /i+./ -- County. MARCH 15, 2010 My Commission expires: I.S slc Page 3 of 3 111111111111Page: 3 of 4 YKIR Cf 9$/ ?/2SO7 63 39P � ' tl Y CLERK LAS t35,SS Yakima Co, PR INDEX 526 vv. ._..v.,... -- .d.....a.vv. .; •,-;,2".."5 . .,-", • ,' ill I _....,/-TO'' 7, r . , ..0. 7— „cmc.,A. Y ,.. ,,,. .", ..,- ,3 '-'''-'-',//'/:_do.i-. *..:10",1- " 11! 0. „.„,e7/1. .-- . ,4_,,, 44420.04„, . 1 4.:;,.. 1 0 N.,s, '' . ill gli) ry /' $ / $ 1 ' ill • / ;. .T i . �z-`� 10.11 �-^dH0 dNO rldHil 1.---d1i0 dHO 'a^-.dHO �dF74 • ;/. dUO ,00'0x 1 i { I r I f "il ,fi .0 .:1 . 1-1g t 5 ..,,; . I, - , .., . , . .. , ; t , . ,.. .. .- f: , ,.4- p I ! 1 i _.....,..! 1 .4 40,, . _. I it4D,n-x • III .. .!,,.,- lit 1 . EXHIBIT "A" uin'ii AUG 2 7 2024 �,t �y°84 4 VAVtMC MTV pi aev „ ,,,. ,,.11 9 —7/2207 PPP CITY OFr VAN, PLANNING DI"V 527 IMINWIC GROUP , RECEIVEDAugust 23, 2024 AUG 2 7 2024 Bill Preston, Community Development Director City of Yakima, Department of Community Development CITY OF YAKIMA PLANNING DIV. 129 N. 2nd St. Yakima, WA 98901 Re: CPA#004-24, RZ#004-24, SEPA#007-24 Mr. Preston, RWC International is a commercial truck and bus dealership and lease and rental company with eight locations in the Pacific Northwest, including Yakima. We employ 256 employees in the PNW and specifically 29 in Yakima. Our Yakima business is located at 1509 S. 22nd Street, Yakima and is owned by Asah, LLC which is our real estate holding company. Our property is adjacent to Camp Hope. We are heavily invested in the PNW and continue to increase our investment each month. We received your notification dated August 13, 2024, advising us of the intent to change the zoning on property that is adjacent to Camp Hope and install container buildings to act as mental health clinics. We strongly object to this zoning change and the opening of mental health clinics. Our employees and customers already feel endangered from the gathering of homeless people that congregate in the area and at that exit. This is detrimental to our business operations and devalues our property. The area has no sidewalks and is not designed for pedestrians. The introduction of more pedestrians in this area will also contribute to making it more dangerous for both the pedestrians and the vehicles. The area in general is a commercial business area and not conducive to pedestrians. Combining large, commercial trucks with mental health patients is not a good arrangement. We appreciate the opportunity to engage with the City in these discussions and find a better alternative than what is included in this proposal. Yours Truly, Aiizt.)27, Rud Hefner Doc Chief Financial Officer INDEX 7J Corporate Headquarters 600 N. 75th Ave., Phoenix, AZ 85043 •• Phone: (602) 307-1050 •• www.RWCGroup.com 528 Washington State South Central Region Wi; Department of Transportation 2809 Rudkfn Road Union Gap,WA 98903-'1648 509-577-1600/FAX 509-577-'i 6a TTY: 1-800-833-6388 www.wsdot.wa gov August 28, 2024 RECEIVED City of Yakima Department of Community Development AUG 2 9 2024 129 N. 2nd Street CITY OF YAKIMA Yakima, WA 98901 PLANNING DIV. Attention: Bill Preston, Community Development Director Subject: CPA#004-24, RZ#004-24, SEPA#007-24, Camp Hope Rezone SR 24, MP 0.26 Rt. (S. 24th St. Vicinity) We have reviewed the proposed rezone and have the following comments. • The subject property is adjacent to State Route 24 (SR 24), a limited access highway with a posted speed limit of 35 miles per hour. WSDOT has acquired all access rights to the highway and along South 24th Street a distance of approximately 318 feet southerly of the highway centerline. Direct access to SR 24 or within the limits of our access control boundary is prohibited. • We are not opposed to the proposed rezone and look forward to working with the City in response to future development proposals on the subject property. As developments are proposed, they will be subject to review for their impacts to the WSDOT system. Impacts that are determined to be significant will require mitigation and it is anticipated that all costs will be borne by the developer(s). Of particular concern to WSDOT are multi-modal impacts to the SR 24, retention and treatment of stormwater, outdoor lighting, noise sensitivity, fencing, and signage. Thank you for the opportunity to review and comment on this proposal. If you have any questions regarding this letter, please contact Jacob Prilucik at(509) 577-1635. Sincerely, Digitally signed by Stephen P. Stephen P. Nugent Nugent Date:2024.08.28 16:54:26-07'00' Stephen P. (Phil)Nugent Region Planning Manager SPN: jjp/akh cc: SR 24, file #2024 002 INDEX 529 MEYER, FLUEGGE & TENNEY, P.S. ROBERT C.TENNEY MARK D. WATSON* ATTORNEYS&COUNSELORS JACOB A. LARA JEROME R.AIKEN* 230 SOUTH SECOND STREET,SUITE 101 ROBERT S. URLOCKER PARDIYS JOHN A.MAXWELL,JR. NTOYA P.O. BOX 22680 HARLEY MONTOYA PETER M. RITCHIE** YAKIMA,WASHINGTON 98907-2680 NICHOLAS FRONTIN JAMES C.CARMODY *Also admitted in Oregon **Also admitted in Oregon& Virginia RECEIVED September 17, 2024 SEP 1 7 2024 Via Email CITY OF YRhlfrl, Eric Crowell, Senior Planner PLANNING DIV. City of Yakima Planning Division City Hall—2"d Floor 129 N. 2nd Street Yakima, WA 98901 eric,crawellQyakinaawa.gov Bill Preston,Community Development Director Community Development Department 129 N. 2"d Street,2nd Floor Yakima, WA 98901 B ill.Prestofl( ,yakimawa.gov RE: Applicant: City of Yakima File No.: CPA#004-24, RZ#004-24 and SEPA#007-24 Dear Bill and Eric: We represent RWC International and ASAH, LLC, its real estate holding company. RWC owns business properties located at 1509 South 22"d Street,Yakima,WA and is adjacent to the City of Yakima proposed comprehensive plan and zoning amendment for the Camp Hope properties. RWC has previously filed a comment in response to the Notice of Application and Environmental Review issued August 13, 2024. Please accept this letter as our appearance on behalf of RWC and request that we be notified of all future matters in the proceeding. Very truly yours, MEYER, r FLUEGGE &TENNEY, P.S. James C. Carmody 1 1 cc: Client \\mftfs01\Data\DebbieG\RWC Group-Bob Cunningham\Planning Letter 09.17.24.docx DOC. INDEX # \-L Telephone 509-575-8500 •Fax 509-575-4676 • www.mftlaw.com 530