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HomeMy WebLinkAbout09-26-18 YPC Packet111011119 M DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director 11 %Xk� uu:t; Dui k wi PlOTY I° YAKIIMA anning Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning�yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday September 26, 2018 3:00 p.m. - 5:00 p.m. YPC1VTPmhPra- Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Jacob Liddicoat, Robert McCormick, Leanne Hughes -Mickel, and Philip Ostriem Council Liaison: Jason White City Planning Staff: Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager); Eric Crowell (Associate Planner); Trevor Martin (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Planning Specialist) AGENDA I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of September 12, 2018 VI. Public Hearing - Datal Properties LLC Applicant: Hordan Planning Services on behalf of Datal Properties LLC File Numbers: RZ#009-18 & SEPA#018-18 Site Address: 113 & 115 N 561h Ave Request: Non -project rezone consisting of two parcels, totaling approximately 0.63 acres, from Single -Family Residential (R-1) to Large Convenience Center (LCC). This proposal includes a non-binding conceptual site plan for reference purposes only for a drive-thu beverage facility which is one potential land use that the property owner anticipates may be suitable for this location and is a permitted use in the LCC zoning district. VII. Continued Public Hearing - West Valley Nursing Homes Inc. Applicant: City of Yakima Wastewater Division File Numbers: CPA#005-18, RZ#006-18 & SEPA#008-18 Site Address: Vicinity of S 851h Ave & Occidental Rd Request: Retain the Future Land Use map designation for 5 parcels of Mixed Residential and zoning designation of Multi -family Residential (R-3) previously approved through CPA#006-12, RZ#006- 12, and a property use and development agreement executed by City Council which limited development of the property to multi -family senior living and senior care residential facilities. The property owner no longer proposes a senior living/senior care land use and therefore proposes to vacate the property use and development agreement to allow for other multi -family uses. VIII. Study Session: Hotel/Motel & Extended Stay Hotel/Motel Uses & Definitions IX. Other Business X. Adjourn Next Meeting: October 10, 2018 Yakima MIS 094 ANFRA KTATAI%, ArAfff M R Wk% r A&%W p )F YAKIMA CITY OF YAIUMA hing YAKIMA PLANNING COMMISSION PUBLIC HEARING City Hall Council Chambers SIGN -IN SHEET HEARING DATE: Wednesday September 26, 2018 __._...m,_._ . ........................................... . ... . .. . ...... . . . ..... . .................... ......................... . PUBLIC HEARINGS: A. DATAL PROPERTIES LLC (RZ#009-18 & SEPA#018-18) B. CONTINUED HEARING — WEST VALLEY NURSING HOMES INC. 113 & 115 N 561" Ave (CPA#005-18, RZ#006-18 & SEPA#008-18) Vicini4j of S 8511' Ave & Occidental Rd ............ Yakima Planning Commission Sign -In Sheet — 09/26/2018 1 City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of September 12, 2018 Call to Order Chairwoman Patricia Byers called the meeting to order at 3:00 p.m. Roll Call YPC Members Present: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Jacob Liddicoat, Leanne Hughes -Mickel, Philip Ostriem YPC Members Absent: Robert McCormick (unexcused) Staff Present: Joseph Calhoun, Planning Manager; Joan Davenport, Community Development Director; Sara Watkins, Senior Assistant City Attorney; Lisa Maxey, Planning Specialist Council Liaison: Jason White, District 2 (absent) Others: Sign -in sheet in file Staff Announcements - Planning Manager Joseph Calhoun reminded the Commission of their two upcoming hearings on September 26111- a rezone hearing for property on the southeast corner of 56111 Ave and Summitview Ave and the final Comprehensive Plan Amendment and concurrent Rezone for this year's cycle. Audience Participation - None noted. Approval of Meeting Minutes of August 22, 2018 - It was motioned by Vice -Chair Rose and seconded by Commissioner Liddicoat to approve the meeting minutes of August 22, 2018. The motion carried unanimously. Public Hearing: 2018 Text Amendments - Calhoun provided a summary of the proposed amendments to Chapter 1, 15, and 16 of the Yakima Municipal Code (YMC), which would modify the sign code, Rezone criteria, Accessory Dwelling Unit (ADU) standards, the Modification Chapter, add a definition and land use for Taxicab Home Occupation, modify the district intent statement and permitted uses in the Regional Development (RD) zoning district, and consolidate Appeals from YMC Ch. 1.43 & 15.16 into YMC Ch. 16.08. Audience member Clarice Dyer communicated that her lot is smaller than the proposed minimum lot size standard for an ADU. She expressed support for a review process to accommodate to lots that are smaller than this standard rather than outright prohibiting this use on such lots. Discussion took place between staff and the Commission on the term "variance" used in Dyer's comment letter, which Calhoun explained is a difficult request to be approved as it would have to meet all 6 criteria for variance approval per the code. Calhoun suggested an option for the Commission to revise the recommendation to include language allowing lots not meeting the size requirements for ADUs to go through a review that is one level higher than what is dictated in Table 4-1 Permitted Land Uses. He added that the proposal will still need to meet all other site design standards in the code. It was motioned by Vice -Chair Rose and seconded by Commissioner Liddicoat to recommend approval of these amendments to City Council with a modification to the ADU regulations to specify that lots not meeting the minimum lot size for ADUs may -1- be approved after going through an additional level of review from what is stated in Table 4-1 Permitted Land Uses. The motion carried unanimously. 2018 Comprehensive Plan Map Amendment Hearing - City Wastewater Division - CPA#007-18 & RZ#008-18 - Chairwoman Byers began by stating that a comment letter received for this proposal voiced concerns regarding Byers not choosing to recuse herself from this vote on account of her involvement with the organization Transform Yakima Together (TYT). Byers reiterated from the first hearing on this matter that she is affiliated with TYT but is not associated with the "Camp Hope" function of TYT, and emphasized that TYT is not the proponent of this proposal. Calhoun recapped staff's findings of fact, conclusions, and recommendation on this matter and introduced additional materials for the record including the Greenway Master Plan Update 1995, a document containing sections of the YMC addressing the Greenway Overlay, and a memo from Community Development Director Joan Davenport speaking to past efforts in Yakima regarding homelessness. Calhoun described the difference between a project -specific rezone and a non -project rezone. Davenport presented information from her memo to the Commission which went over the history of the City of Yakima's involvement with locating homeless encampments and winter weather shelters, an overview of sites previously considered by City Council for a homeless encampment, TYT's search for a permanent location for low -barrier homeless housing or a shelter, an explanation of the next steps for establishing a low - barrier shelter on this land pending approval of the Comprehensive Plan Amendment and Rezone, and examples of other uses that may be suitable at this location if no community partner is found to operate low -barrier homeless housing or shelter. Senior Assistant City Attorney Sara Watkins summarized a decision from the court of appeals, Martin v. City of Boise, which held that before an individual can be removed from sleeping in public via an unlawful camping ordinance, disorderly conduct ordinance, etc., there must be "available shelter space," which excludes shelters that only allow individuals to stay on the condition that they join one of their programs. Watkins added that the trending model for low -barrier emergency homeless housing is representative of apartment -style living, and that there are several options and combinations of housing styles that could be used. Calhoun emphasized that any project proposed would have to meet site design standards as well as any additional standards imposed by the Greenway Overlay. Lance Reese, President of the Yakima Greenway Foundation, stated that the Greenway believes it is a conflict of interest that Chairwoman Byers did not recuse herself. Reese voiced their strong opposition to this proposal and elaborated that they would be concerned of the potential impacts of putting any business in this location. He said that the Greenway has plans for expansion in this area and would rather see this land turned into a park. Audience member Lynda Hopkins said that the Land Use Action sign posted at the site had been relocated so it was more visible but it has since blown away. She advocated that there are many available beds in the city on a regular basis. Hopkins added that she believes it is a conflict of interest that Byers did not recuse herself. She then read a portion of the May 21, 2018 meeting minutes of the Yakima Valley Conference of -2- Governments (YVCOG) in which the City was thanked for rezoning this property for a low -barrier homeless shelter, giving the appearance that the proposal had already been approved. Hopkins said the June 16, 2018 YVCOG minutes state that County Commissioner Mike Leita approved and authorized YVCOG to issue an RFP for an amount up to $250,000 for sewer and water facilities for a permanent shelter. Leslie Wahl of the Yakima Area Arboretum communicated that the Arboretum has been directly impacted by the homeless and that the homelessness issue is reaching critical proportions. Andrew Bates, U -Haul General Manager, indicated that they are opposed to this proposal for reasons that have already been stated by other individuals. Discussion took place surrounding the confusion on what authority the Greenway Master Plan 1995 has in this matter, which states, "Commercial development 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." Commissioner Hughes - Mickel motioned to deny the requests for amendment from Low -Density Residential to Commercial Mixed Use and concurrent rezone from Suburban Residential (SR) to General Commercial (GC). The motion failed for the lack of a second. Further discussion followed on the relationship between the City and the Greenway. Calhoun stated that the subject property is in the northwest section of the riverside conservation area. Kellie Connaughton, Executive Director of the Yakima Greenway Foundation, explained that the boundary of the Greenway Overlay is from I-82 to the middle of the Yakima River. She described interactions between the Greenway and the City as a working relationship with frequent communication, and mentioned that the Greenway has an ongoing maintenance agreement with the City for portions of trails in the city limits. Davenport reported that the Greenway Master Plan was adopted by reference into the 1998 Comprehensive Plan. Discussion took place on the possibility of denying the rezone to make way for an opportunity for a project -specific rezone to be proposed to allow for a better evaluation process. It was motioned by Commissioner Liddicoat and seconded by Vice -Chair Rose that the Yakima Planning Commission recommend approval of this amendment request from Low -Density Residential to Commercial Mixed Use, and to deny the rezone from SR (Suburban Residential) to GC (General Commercial) to the Yakima City Council. The motion carried unanimously. Study Session: Hotel/Motel and Extended Stay Hotel/Motel Uses and Definitions - Due to lack of time, the Commission requested for this item to be the initial topic on the agenda for the October 10111 Planning Commission meeting. Other Business - None noted. Adjourn - A motion to adjourn to September 26, 2018 was passed with unanimous vote. This meeting adjourned at 5:04 p.m. Chairwoman Byers Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, planning Specialist. -3- DATAL PROPERTIES LLC RZ#009-18 & SEPA#018-18 Yakima Planning Commission Open Record Public Hearing September 26, 2018 EXHIBIT LIST Applicant: Hordan Planning Services on behalf of Datal Properties LLC File Numbers: RZ#009-18 & SEPA#018-18 Site Address: 113 & 115 N 56th Ave Staff Contact: Eric Crowell, Associate Planner Table of Contents CHAPTER A Staff Report CHAPTER B Vicinity Map CHAPTER C Site Plans CHAPTER D DST Review & Agency Comments CHAPTER E SEPA Checklist CHAPTER F Application CHAPTER G Public Comments CHAPTER H Public Notices FATAL PROPERTIES LLC RZ#009-18 & SEPA#018-18 EXHIBIT LIST CHAPTER A Staff Report Imliffimmmem A-1 Staff Report 09/26/2018 .......... ..... __....._____._.._....... _ ....................................................... __ ...................................................... .. ............................................................ ............... . _......................................................... ------------ .- _._._....__ .. .... ...._....___.. _.......... _............................................................................... _.......... .. CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS, & RECOMMENDATION for REQUEST FOR REZONE File Numbers: RZ#009-18 & SEPA#018-18 APPLICANT: APPLICANT ADDRESS: PROJECT LOCATION: TAX PARCEL NUMBER: DATE OF REQUEST: DATE OF COMPLETE: DATE OF RECOMMENDATION: STAFF CONTACT: Hordan Planning Services for Datal Properties Inc. 410 N. 2nd St., Yakima, WA 98901 113 & 115 N. 56th Ave. 181321-42402 & -42537 July 10, 2018 July 31, 2018 September 26, 2018 Eric Crowell, Associate Planner I. DESCRIPTION OF REQUEST: On July 10, 2018, the City of Yakima Planning Division received an application from Hordan Planning Services, on behalf of Datal Properties Inc., for a non -project rezone of two parcels, totaling approximately 0.63 acres, from Single -Family Residential (R-1) to Large Convenience Center (LCC). II. SUMMARY OF DECISION: The Administrative Official recommends approval of the Rezone, subject to conditions. III. FACTS: A. Processing 1. The application for a Rezone and Environmental Review was received on July 10, 2018. 2. The application was deemed complete for processing on July 31, 2018. 3. The application is being processed under YMC Ch. 15.23 for Rezone 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. 5. Public Notice: In accordance with YMC § 15.11.090 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 July 30, 2018. b. A Notice of Application, Environmental Review, and Public Hearing was sent to the applicant, SEPA agencies, and adjoining property owners within 300 feet of the subject property on August 2, 2018. c. The 20 -day public comment period for this application ended on August 22, 2018, and one comment was received. B. Environmental Review. A Notice of Application and SEPA Environmental Review was mailed to SEPA agencies, the applicant, and adjoining property owners within 300 feet of the subject property on August 2, 2018. One comment was received during the comment period that ended August 22, 2018. A SEPA Determination of Nonsignificance (DNS) was issued on August 28, 2018. No appeals have been filed with the City of Yakima Planning Division. C. Current Zoning and Land Use. 1. The subject property is approximately 0.63 acres in size and is zoned Single - Family Residential (R-1). Both parcels each contain a detached single-family home. 2. The surrounding properties contain uses and zoning as follows: DirectionZoning Land Use North LCC Va......________. _...... cant Building (across Summitview Ave.) South R-1Residential East R-1 .................. Residential West LCC Commercial (across N. 56th Ave.) 3. Existing Infrastructure a. The property is currently accessed by N. 56th Ave., which is a Collector Arterial, and Summitview Ave., which is a Principal Arterial. b. The property is served by City of Yakima water and Nob Hill Water Association water. D. Statement of Cause — Rezone: Pursuant to YMC Ch. 15.23, the applicant provided the following paraphrased statements explaining their reasons for the proposed Rezone: 1. How is the subject property suitable for uses permitted under the proposed zoning? The property is well suited for all commercial uses permitted under the proposed zoning Large Convenience Center zoning district. The property lies at the southeast corner of the signalized intersection of North 56th Avenue and Summitview Avenue, which are both arterial streets. The property is flat, however it is slightly lower in elevation than the surrounding roadways. It is anticipated that the property will be elevated with fill, once a project is designated for the site. The property currently has access to domestic water from the Nob Hill Water Datal Properties LLC RZ#009-18, SEPA#018-18 1 2 Company and sanitary sewer from the City of Yakima. All other necessary urban services and facilities (i. e. electrical power, natural gas, telephone, parks, police, fire, etc.) are present. In this instance, there is a specific use proposed for the property. The subject property owner intends to construct a drive-through beverage shop at the site. A conceptual site plan has been included in this application for reference. This application does not seek approval of the site plan but it does seek approval of the rezone. The site consists of two properties that total 27,583 square feet in size or. 63 acres in size, which can accommodate the anticipated land use and many other land uses permitted in the Large Convenience Center zoning district. The general area is a mixture -use neighborhood consisting of single-family residences, condominiums, large grocery/big box stores and a multitude of local retail/service establishments. Based on the current land use pattern, this site is suitable for uses permitted in the proposed Large Convenience Center zoning district. What is the status of the existing land use? The subject property consists of two individual parcels. Parcel Number 181321- 42042 (south parcel) is 9,148 square feet in size, fronts on North 56th Avenue and contains a single-family residence constructed in 1950 which is connected to domestic water and sanitary sewer. Parcel Number 181321-42537 (north parcel) is an 18,435 square foot corner lot that fronts on North 56th Avenue and Summitview Avenue. The property contains a single-family residence constructed in 1950 which is connected to domestic water and sanitary sewer. 2. How is the rezone request in compliance with and/or how does the request deviate from the Yakima Urban Area Comprehensive Plan? The rezone request is in compliance with the City of Yakima Comprehensive Plan 2040 because the proposed rezone meets the intent of the Commercial Mixed -Use land use designation at 2.2.4 of the comprehensive plan by promoting "the greater integration of mixed uses that offer greater development choices to property owners, increased housing options, strengthened commercial retail areas and lively pedestrian -oriented development." The proposal meets the locational criteria of the comprehensive plan because the subject property adjoins an existing commercial business, is located adjacent to an existing commercial center (west and north), will be within close proximity of residential patrons and is located along a signalized arterial. The principal use and density of the land use designation is met because the rezone will permit a wide range of retail and general services to occur within the area. Datal Properties LLC RZ#009-18, SEPA#018-18 The proposal better implements the applicable plan policies because it meets the following goals and policies: 2.4 — GOALS AND POLICIES Goal 2.1— Establish a develo menf attern consistent with the community's vision. Policy 2.1.1— Designate the general distribution, location and extent of the uses of land for housing, commerce, recreation, open spaces, public utilities and facilities and other land uses. Policy 2.1.4 — Manage and maintain the City's Official Zoning Map to ensure continued consistency with the Future Land Use Map. Pray orient Comment — Currently, there is an inconsistency between the existing Future Land Use Designation for the property and the current zoning district of the property. The current land use designation of the Future Land Use Map is Commercial Mixed Use and the existing zoning is Single-family Residential. Thus, the land use designation and the zoning are inconsistent with one another based on the Consistency Chart (exhibit 2-2 of Goal 2.2) found within the comprehensive plan. This proposal brings the current land use designation of Commercial Mixed Use into compliance with the proposed zoning district of Large Convenience Center which is consistent with the Consistency Chart (Exhibit 2-2 of Goal 2.2) of the comprehensive plan. 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 designated areas. This includes the integration of multi -family residential and office uses with retail and service commercial uses. Provide zoning and design standards to maintain compatibility between different uses and zones. Policy 2.5.3 — Utilize strict access management standards to enhance safety and maintain the arterial traffic functions of the corridor. Pro anent Comment — This proposal implements the comprehensive plan better than the current designation because it will [provide] an opportunity for a new business to locate along an arterial adjacent to an existing commercial center. As proposed in the concept site plan, access to the site is proposed from North 56th Avenue, which is as far away from the intersection of North 56th and Summitview Avenue as possible. This single road approach has been designed to enhance safety and maintain traffic functions of the roadway corridor. Datal Properties LLC INDEX RZ#009-18, SEPA#018-18 4 For the reasons above, this proposal better implements applicable plan policies and brings the project into compliance with the Comprehensive Plan which recognizing the [surrounding] land uses and traffic patterns. 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? The subject lies at the intersection of North 56th Avenue and Summitview Avenue. This area is served with all urban facilities and services [needed] for a project on site of this size. Access is proposed via North 56th Avenue which is an arterial roadway. The site has access to a minimum 8 -inch sewer line at the southwest corner of the lot and a 8 -inch water mains along the west and north property lines. Electrical power, telephone service and natural gas currently serve the property. Since this is a commercial property, no open space, recreational or educational facilities are needed. The property is protected by the Yakima Fire Department and Police Department. 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? Yes, the existing public facilities are capable of supporting the most intensive use of the new zone. The property is. 63 acres and minimal public services are needed to serve a site this size. If any service of facility deficiency exists in the delivery of services to this property, necessary mitigation will take place by the developer to ensure adequate public services and facilities are in place at the developer's expense through future SEPA and land use concurrency requirements. 4. How is the proposed zone change compatible with the existing neighboring uses? The proposed zone change is compatible with existing neighboring land uses because surrounding properties that lie to the west, north and northwest make-up the large convenience center in this area. The property lies at the southeast intersection of North 56th Avenue and Summitview Avenue, which is more conducive to commercial activities than residential uses. Although this is a non - project rezone, a conceptual site plan has been included for the City and neighboring property [owners] to understand the desired use of the property. The proposed use, a drive-through beverage stand, will require an additional application (Class 2 Review) to determine actual compatibility between the proposed new land use and the existing neighboring residential uses to the south and east. Based on the lack of opposition to the Comprehensive Plan Land Use Amendment in 2016, it appears that compatibility issues are minimal and can be accomplished through further land use applications for an actual use. Datal Properties LLC RZ#009-18, SEPA#018-18 INDEX a 5 /� 1 What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space, traffic flow alteration, etc.? No mitigation is proposed as part of this rezone request as it is a non -project request. However, appropriate mitigation is built into the SEPA and zoning codes through regular site plan approval once a specific project is proposed. Required mitigation to address compatibility would be implemented at that time through required development standards between the two different zoning districts. 5. What is the public need for the proposed change? The public need arises from the fact that expansion within some existing zoning districts does not exist. This occurs when all or most of the available land in a particular zoning district is developed, not available for sale, not the correct size or cannot accommodate a proposed land use for other reasons. It also occurs when a particular property has nowhere else to expand due to physical features, and is forced to expand in a certain direction. In this case, available Large Convenience Center zoning is limited to undesirable areas or non-existent for a drive-through facility which caters to the travelling public and must have appropriate setback access from intersections onto arterials to be successful. At this site, the City has provided the necessary infrastructure for this specific type of development (i. e. major arterial roadways, easy access to the transportation network, adequate water and waste water lines). This rezone meets that public need and perspective of a large convenience center, while using the infrastructure provided for a commercial business to locate at this location. Small rezones like this also provide the opportunity for additional jobs which is a direct benefit to the citizens of Yakima. Based on the above, there is a public need for the proposed change. IV. FINDINGS A. 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 2, 2018, wherein the public was invited to submit written and/or oral comments at the public hearing on this proposed rezone. One comment was received and can be found in section G.1 of the report. 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 LCC zoning district. Datal Properties LLC RZ#009-18, SEPA#018-18 INDEX 6 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 LCC zoning district is an implementing zone of the Comprehensive Plan 2040 designation of Commercial Mixed Use and is compatible with the following goals and policies: • Goal 2.1: Establish a development patter consistent with the community's vision. o Policy 2.1.1: Designate the general distribution, location, and extent of the uses of land for housing commerce, recreation, open spaces, public utilities, and facilities and other uses. o Policy 2.1.4: Manage and maintain the City's Official Zoning Map to ensure continued consistency with the Future Land Use Map. Goal 2.5: Enhance the character, function, and economic vitality of Yakima's arterial corridors and mixed-use centers. o Policy 2.5.1: Allow for a mixture of compatible land uses along corridors and within mixed-use designated areas. This includes the integration of multi -family residential and office uses with retail service and commercial uses. Provide zoning and design standards to maintain compatibility between different uses and zones. o Policy 2.5.3: Utilize strict access management standards to enhance safety and maintain the arterial traffic functions of the corridor. 5. The adequacy of public facilities, such as roads, sewer, water and other required public services: Along N. 56th Ave. and Summitview Ave. there are various utilities which are available to serve the property, including City of Yakima sewer, Nob Hill Water Association water, Pacific Power electricity, Cascade natural gas, CenturyLink telephone, Charter cable TV, and City of Yakima garbage collection services. City of Yakima Fire and Police departments also serve this area. This property is served by all public utilities necessary to support future development. In addition, curb, gutter, and sidewalk improvements are already installed along both frontages. Datal Properties LLC RZ#009-18, SEPA#018-18 Doe. WDEX 6. The compatibility of the proposed zone change and associated uses with neighboring land uses: The rezone proposal to LCC will allow the subject property to be redeveloped to allow for commercial uses similar to those located to the north and west of it. 7. The public need for the proposed change: The public need for this proposed change will bring the property into conformance with its future land use category of Commercial Mixed Use and will allow it to be developed similar to other nearby commercial properties. B. Development Services Team (DST) Review On July 24, 2018, a DST meeting was held to discuss the possible impacts of this rezone. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed: 1. Codes a. The recommended address for this project is 113 N. 56th Ave. 2. Engineering a. Any new driveway(s), if allowed shall be commercial -style driveways per the City of Yakima Engineering standards. Work in the right-of-way must be requested through an excavation permit. 3. Nob Hill Water Association a. The developer/owner will need to contact Nob Hill Water Association. Each parcel is served now for the existing homes—we will need to upgrade/abandon the services to fit the use. A cross connection (backflow) will need to be considered for the site (RP at the meter?). 4. Traffic Engineering a. No issue with the rezone. Access location(s) will be of concern as the project is developed. No access will be permitted to Summitview Ave. Access on 56th Ave. should be as far south as practical. Locations of existing driveways on the adjacent parcel and across the street need to be considered to minimize vehicle conflicts. V. CONCLUSIONS A. The Planning Commission has jurisdiction to issue a recommendation on this application to the City Council. B. The proposed Rezone is consistent with the goals and policies of the Yakima Comprehensive Plan 2040. C. SEPA review resulted in the issuance of a DNS on August 28, 2018. The appeal period for this determination ended on September 11, 2018. No appeal was filed. Datal Properties LLC RZ#009-18, SEPA#018-18 INDEX 8 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. VL. RECOMMENDATION The Community Development Department recommends approval of this non -project Rezone request from Single -Family Residential (R-1) to Large Convenience Center (LCC). Datal Properties LLC RZ#009-18, SEPA#018-18 ►ATAL PROPERTIES LLC RZ#009-18 & SEPA#018-18 EXHIBIT LIST CHAPTER B Vicinity Map B-1 Vicinity Map 07/11/2018 VICINITY MAP File Number: R7#009-18 & SEPA#018-18 Project Name: DATAL PROPERTIES LLC Site Address: 113 & 115 N 56TH AVE Proposal: Non -project rezone consisting of two parcels, totaling approximately 0.63 acres, from Single -Family Residential (R-1) to Large Convenience Center (LCC). This proposal includes a non-binding conceptual site plan for reference purposes only for a drive-thu beverage facility which is one potential land use that the property owner anticipates may be suitable for this location and would be permitted in the LCC zoning district. Contact the City of Yakima Planning Division at (509) 575-6183 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, i or action not taken by the user in reliance upon any maps or information provided herein. Date Created: 7/11/2018 ®OC. BSB®EX FATAL PROPERTIES LLC RZ#009-18 & SEPA#018-18 EXHIBIT LIST CHAPTER C Site Plans .. .... .. .. . ...... C-1 Conceptual Site Plan 07/30/2018 C-2 Maps Submitted with Application 07/30/2018 ............. ......................................... ....... __ ... .... __...__ ..................... ...... 24427 24429 1300 13426 13029 13030 YAKIMA COUNTY GEMR-HIC INFGRMATION SERVICES Datal Properties, LLC 13449 13448 13429 13430 13447 1:431 Subject Property 432 134" 13467 00 13"S 13433 134 J14 0 U437 24007 24008 1344449991 1 441 �3 3,2 13441 :tW 13435 '3" "4" '343, 13012 13468 _Subject Properties P.— Al Roads 13124 13014 . .. . .... . ... .... . ........... . . ........ . . .... > WOWED —---—SummJtvlewAve---<-- Jul. z Cily If, YNAdA 42-9 42609 CXMI'vy 1,4VEl'opmeff 31040 31031 42537 42522 S 1 C4222 Q08 421. 42-6 421 1 Q-3 42902 31006 31005 31041 42510 42 1. S] --+—Gascarle-Dr- Im. .. W ..I dlsll.y ............ -- —+—Ca. Ca de r_ 42402 42511 42432 --- 42403 42523 42"2 42"3 4 42"5 1 42512 4243' Ir 31039 ..__........_.....__.-- >-----_-- f 42524 -- 31038 31W. 42404 1 IP z 42430 1> 42"1 42448 ?inch 130 feet 42513 F3 31611 .............. . --- 42"5 42525 .... . . .... 4 424"49 42440 V11 "991 31512 I 31513 11121 . 42406------------- ............. ---- 42514 - 42515 -- 42526 42429 _42428 1p z 42450 42439 3151]31024 42407 42527 — ............................. 42451 438-- yaxlmpx�ffl ---- 42427 31026 N-58th-Ave r. 99991 42516 ------ i2_517i 42528 42426- - - 42452 z -F4-2.3- .'y — ..ma,aareP, D.�. 7a712018 -- -- -] 42408 a= HOGSBACK DEVELOPMENT 2603 River Road i 06-19-ia SY T ",`!,-;',09.965.380D aklm. WA 98902 It �tE '�' 'ILE e u . so9.966.700o [�pp pI� DRNWNG1712'tlwg 56TH AND SUMMITVIEW H LA I [� Fax509.965.380D C�JlJnN/LS��s` CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON o: ftnen0gaid IZ lial ill TtC,—Alacivil.com B LS ._� —.. _... 1 —' DESGNeo Bv: � CONCEPTUAL DESIGN ENTERED B� DATAL PROPERTIES LLC RZ#009-18 & SEPA#018-18 EXHIBIT LIST CHAPTER B DST Review & Agency Comments IEEE= D-1 DST Request for Comments 07/19/2018 ....................... ... ....... ........ D-2 Comments from Carolyn Belles, Permit Project Coordinator 07/20/2018 _.............._....._ .._ ........_ ..................� D-3 Comments from Joe Rosenlund, Streets/Traffic Operations 07/25/2018 Manager D-4 Comments from Kirsten Ford, Nob Hill Water Association 07/30/2018 Comments from Bob Desgrossellier, Senior Engineer 08/13/2018 - ........ ..... __ ..... ......._.......... ..................................... ........................................ .._... . ......................................... ..... ........ ......... .__ ..... . .................. ....... _..... _. ..... ............... _ File Number: RZ#009-18 & SEPA#018-18 Note Type Reft Code Text CmaW Sy Begin Dow DST COMMENTS Any new drivew y� ), ff aflawed shW1 be 1008 ESGR SE0XV1 wmairemierdaV4 ;she driveways pem the Ody of U...1IIER� '�Yw U Yakmmaa En)wn ermn Standawds. Work tm°w time WA,GOV right mit waay reamww t be regUe ted ttmm ama h,, an xca vatkm peairaartt'.. INDEX 1)-5 CITY OF YAKIMA PLANNING DIVISION P(A tY Or YAMMA dnhing Project Name: Datal Properties LLC DST COMMENTS File Number: RZ#009-18 & SEPA#018-18 Now TO* Roft Cod# UA CreaW By Sagin Daft DSTCOMMENTS DEVELOPIEMOWNER WILL INEED TO, KIRSTEIN.IFORD OV'RAR CONTACT NHW, EACH IPARCEL IS SERVED @YAKIMAWAG NOW FOR THE EAsrING HOMES- WE WILL OV NEED TO UPGRADEJAaANDON THE SERVICES TO FIT THE USE CN S CONNECTION (BACKFLOW) MLL NEED TO BE CONSIDERED FOR S]TE (IRP AT THE DOC. INDEX, # Big CITY OF YAIKIMA PLANNING DIVISION Project Name: Datal Properties LLC DST COMMENTS File Number: RZ#009-18 & SEPA#018-18 DS S" C MIMENTS No, issue, w4h Me tezxx . Jue.rusent undo) OTO Access locabo a() MY be of concein as the a ''karnn naa" . r fun aied iis devea uped, No, access wHI be perm iilti to SurnmiNkeew AveAmoss Bann 56th Ave shoWd be as farm, south as practicaL Location n f exisfing d0veways, w the atfoac :rnt pwical and, across the street Asad b be considered er t nunanize veNd ' conflicts, ices, mi ncrnnz ME CITY OF YAKIMA PLANNING DIVISION Project Name: Datal Properties LLC ST COMMENTS File Number: RZ#009-18 & SEPA#018-18 Now Type Note Code Text Cmated By i ST COMMENTS The r commien1 additess for efts projeclisCarolyn ell s@ P2011 113 N 56th,Ave,ak!Olawa,gov City of Yakima Development Services Team Request For Comments July 19, 2018 To: City of Yakima Development Services Team From: Eric Crowell, Associate Planner Subject; Request for Comments Applicant: Hordan Planning Services File Numbers: RZ#009-18, SEPA#018-18 Location: 113 & 115 N. 56th Ave. Parcel Number(s): 181321-42402 & -42537 DST MEETING DATE: 7/24/2010 Proposal Non -project rezone consisting of two parcels, totaling approximately 0.63 acres, from Single -Family Residential (R-1) to Large Convenience Center (LCC). This proposal includes a non-binding conceptual site plan for reference purposes only for a drive-thu beverage facility which is one potential land use that the property owner anticipates may be suitable for this location and is a permitted use in the LCC zoning district. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held ::i 24 203 t 2 10 F;tmm As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is eric.crowell@yakimawa.gov and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 576-6736. Comments: Contact Person Department/Agency DATAL PROPERTIES LLC RZ#009-18 & SEPA#018-18 EXHIBIT LIST CHAPTER E SEPA Checklist ENVIRONMENTAL CHECKLIST STATE ENVIRONMENTAL POLICY ACT (SEPA) „, (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. "ycatl,i ay t!�c ",nQ1.4pp,lic�ablam„�" o "does not ,ekpgldy„ ttlJly wB1 @fit Yqu �ah! c J!lil_nt wI yJ( does_.not..app1 and " not when the an.swer 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 aI p o ts ( u�° pup sal, 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 determinine if there may be sienificant 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 meaninafully to the analysis of the proposal. A. BACKGROUND INFORMATION (To be completed by the applicant.) 1. Name Of Proposed Project (If Applicable): Not applicable 2. Applicant's Name & Phone: Hordan Planning Services — 509-249-1919 3. Applicant's Address: 410 North Second Street, Yakima, WA 98901 4. Contact Person & Phone; Bill Hordan — 509-249-1919 5. Agency Requesting Checklist: City of Yakima 6. Proposed Timing Or Schedule (Including Phasing, If Applicable); Not applicable. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: Yes, a drive-through beverage shop is anticipated to be constructed on the site. Detailed plans are not available. Additional land use applications will be necessary for that project. RECE ED Revised 02/2018 JUL 10 2098INDEX CITY OF YAKIMA fN] V11"Al',; �' nnl X18 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: The comprehensive plan land use designation was changed on this property in 2017. Environmental information was formulated during that process and is available at the City of Yakima — Planning Division. 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: No other applications are currently pending. „ ........... ....... 10. List any government approvals or permits that will be needed for your proposal, if known: Rezone application. 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.): The proposal is a non -project rezone of approximately .63 acres of property from Single-family Residential to Large Convenience Center. No specific plan exists at this time. However, a conceptual site plan has been submitted with this application in anticipation of a drive-through beverage shop being constructed on the site. 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: The property lies at the southeast corner of North 56`h Avenue and Summitview Avenue, within the City Limits of Yakima, Washington. The site consists of two properties and their addresses are 113 & 115 North 56"' Avenue. The Yakima County Assessor's Parcel Numbers for the properties are 181321- 42402 & 42537. Revised 02/2018 I1.'MY x!,018, B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for _.. _.__. .-.._.._._.-..... cy Comments A en Earth _. .. a. General description of the site (✓ one): X flat ❑ rolling ❑ hilly ❑ steep slopes ❑ mountainous ❑other b. What is the steepest slope on the site (approximate percent slope)? Approximately 1 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. According to the Soil Survey of Yakima County Area Washington, the soil type on the property is Ritzville silt loam, 2 to 5 percent slopes. The soil is classified as prime farmland. No soil will be removed from the property as part of this application. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. No fill or grading is required as part of this application. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not as part of this application, g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable, there is no project proposed at this time. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None needed, none proposed. Air a. 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 as part of this rezone application. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None known by property owner. RECO YED Revised 02/2018 JUL10 2018 CITY O Y KIMA 4 i�;. w..' ""� DI c, Proposed measures to reduce or control emissions or other impacts to air, if any: None needed, none proposed. Water a. Surface Water Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No, 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Not applicable, there is no project proposed on the property 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. Not applicable 4., Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. No. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water 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. Not applicable, this is a non -project rezone request. Revised 02/2018 RECEYE® CITY OF YAKIMA ` "" e I I I c. Water Runoff (including stormwater) 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. Not applicable, there is no project. 2. Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. Not applicable. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: None needed, none proposed Plants a. Check (✓) types of vegetation found on the site: Deciduous Tree: (❑ Alder ❑ Maple ❑ Aspen X Other Evergreen Green: ❑ Fir ❑ Cedar X Pine ❑Other X Shrubs X Grass ❑ Pasture ❑Crop Or Grain ❑orchards, vineyards, or other permanent crops Wet Soil Plants: El Cattail ❑Buttercup ❑ Bullrush ❑Skunk Cabbage El Other Water Plants: ❑ Milfoil 1-:❑ Eelgrass ❑ Water Lily E] Other El Other types of vegetation b. What kind and amount of vegetation will be removed or altered? No vegetation will be removed or altered as part of this application. c. List threatened or endangered species known to be on or near the site. None known by the property owner. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None needed, none proposed. e. List all noxious weeds and invasive species known to be on or near the site. No noxious or invasive species have been observed on or near the site. Animals a. 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: RECE birds: hawk, heron, eagle, songbirds, other: y E® mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring shellfish, other JUL Revised 02/2018 CITYrYAKIMA rr 'n"V b. List any threatened or endangered species known to be on or near the site. None known by property owner. ................ .._... c. Is the site part of a migration route? If so, explain No. ......... .............. . d Proposed measures to preserve or enhance wildlife, if any: None needed, none proposed. e. List any invasive animal species known to be on or near the site. The property owner has not observed any invasive animal species on or near the site. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. No energy is needed as part of this application. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None needed as there is no proposal. Environmental Health a_. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1. Describe any known or possible contamination at the site from present or past uses. No known contamination from present or past uses is known to exist. 2„ 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. No. 1 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. No toxic or hazardous chemicals result from this rezone agplication. REG EiVED Revised 02/2018 JUL 10 2090 CITY OF YAKIMA VLI `SMUG DIV 4. Describe special emergency services that might be required. No special emergency services are required for this application. 5, Proposed measures to reduce or control environmental health hazards, if any: None needed, none proposed. b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? No known noise exists in the area which would affect this application. ._. .............. .......... 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. The rezoning of this property will not create any noise. 3. Proposed measures to reduce or control noise impacts, if any: None needed, none proposed. Land and Shoreline Use a. 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 site is currently used for residential purposes. Adjacent properties to the south and east are also residential. Properties to the west and north contain commercial uses. No adverse affects will result from this non -project rezone application. b. 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? Historical aerial photos indicate the property has not been used for resource purposes. 1. 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. c. Describe any structures on the site. Each property within this rezone application currently contains a single -family residence. d. Will any structures be demolished? If so, what? No structures will be demolished as part of this application however, future development of the property will likely result in the demolition of the two single -family residences. e, What is the current zoning classification of the site? Single -family Residential. RECEIVED Revised 02/2018 CITY (W ' KIMA I DIV # I f. What is the current comprehensive plan designation of the site? Commercial Mixed Use. g. If applicable, what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. No. i. Approximately how many people would reside or work in the completed project? Not applicable, there is no project. j. Approximately how many people would the completed project displace? Not applicable, there is no project. k. Proposed measures to avoid or reduce displacement impacts, if any, None needed, none proposed. 9. ............ Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Compliance with 2040 Comprehensive Plan and Urban Area Zoning Ordinance, as applicable to this rezone application. m,. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: Not applicable. The property is within City Limits and a UGA, there are no nearby resource lands. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not applicable. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable, no units will be eliminated as part of this rezone application. c. Proposed measures to reduce or control housing impacts, if any: Not applicable. Aesthetics REVEiVED o Revised 02/2018 JUL1 Q 201 � '� l ' I CITY OF YAKIMA # J1 PLA" �:'a" DIV a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Not applicable, no new structures are proposed as part of this rezone application. b. What views in the immediate vicinity would be altered or obstructed? No known views in the immediate area will be altered or obstructed as part of this application c. Proposed measures to reduce or control aesthetic impacts, if any: None needed, none proposed. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? No light or glare will be produced as part of this application, b. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. c, What existing off-site sources of light or glare may affect your proposal? There are no known sources of off-site light or glare which would affect this proposal. d. Proposed measures to reduce or control light and glare impacts, if any: None needed, none proposed. Recreation ....... .................... .._... . ....... __ ...._. a, What designated and informal recreational opportunities are in the immediate vicinity? The project is located near several private and public school facilities in the area which are known for indoor and outdoor recreational opportunities. b. Would the proposed project displace any existing recreational uses? If so, describe. No recreational opportunities will be displaced. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None needed, none proposed. Historic and Cultural Preservation a. 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. To the property owner's knowledge there are no structures on or near the site that are eligible for historical or cultural preservation. �a RECEY�r+g� E® Revised 02/2018 JUL1 2018 6 CITY OF YAKIMA I"f��NMING DIV. b. 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. The property owner has no knowledge of landmarks, features or other evidence of Indian or historic use or occupation on this site. c. , , Proposed measures to avoidminimizeor compensate for loss, changes hanges to, and disturbance to resources. Please include plans for the above and any permits that may be required. None proposed. No disturbance to resources will occur as part of this application. Transportation a. 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. The site lies at the southeast corner of the intersection of North 56`" Avenue and Summitview Avenue. Existing access to both properties is currently from North 56`x' Avenue. No new access points to the street grid are proposed as part of this rezone application. b. 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? The nearest known transit stop is along Summitview Avenue and generally serves this site. c. How many parking spaces would the completed project or non -project proposal have? How many would the project or proposal eliminate? No parking spaces are proposed as part of this rezone application and none will be eliminated. d. 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 needed, none proposed as part of this application. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. 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? Not applicable, no project is proposed as part of this application.. g. 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: Not applicable, there is no project. �IVED �) I�I 11 Q 2 U I �' � Revised 02/2018 CITY OF YAKIMA '� � 17 4 L1,:<«t':NG DIV. 4u i h. Proposed measures to reduce or control transportation impacts, if any: Not applicable, there is no project. Public Services a. 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: Not applicable, there is no project. b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable, there is no project. Utilities a. Circle utilities currently available at the site: electricity, natural 11as, water, refuse service, telephone, sanitary sewer, septic system, other b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Not applicable, there is no project. R E G E VVE D Revised 02/2018 CITY OF YAKIMA .......... . _ ..... C. SIGNATURE (To be completed by the applicant.) The above answers are true and complete to the best of m knowledge. I understand mITITm mmmmm p y kustan g _...�_ d that the lead agency is relying on them to make its decision. Property Owner orAgc�t Sig�at,trey Date Submitted '1'5 o L Name of Signee Position and Agency/Organization PLEASE COMPLETE SECTION "D" ON THE NEXT PAGE IF THERE IS NO PROJECT RELATED TO THIS ENVIRONMENTAL REVIEW RECE ED JU!! i 0 ?Uia CITY OF YAKIMA PLA,D INN DIV. Revised 02/2018 19 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (To be completed by the Space Reserved For a licant.) (IT IS NOT NECESSARY to use this sheet for project actions) Agencl Comments 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? No increased discharge to water, emissions to air, toxic/hazardous substances or noise expected. ........ _ Proposed measures to avoid or reduce such increases are: If applicable, complete additional SEPA Checklist upon submittal of development proposal, 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed rezone will have no affect on plants, animals, fish or marine life. �....-.- ............. _.....__ ._. _._ .,,_._._. _--------- ....... _ ...... Proposed measures to protect or conserve plants, animals, fish, or marine life are.: None proposed, as no plants or animals are affected by this proposal. - __ — ...... . 3. How would the proposal be likely to deplete energy or natural resources? Not applicable, no energy or natural resources are being exploited through this application. Proposed measures to protect ................................gy....... .. t or conserve ener and natural resources are: None needed, none proposed. 4. How would thero ..o a l be likely n...... ......................r p p sakely 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? This proposal does not affect environmentally sensitive areas. --------- — ............................. ­­_.._._.......__----- _---- _....._....... _I............-- I ..-----..... ..... _...... -_ Proposed measures to protect such resources or to avoid or reduce impacts are: None needed, none proposed. 5. How would the proposal a like) to affect land and shoreline use including b y ng whether it would allow or encourage land or shoreline uses incompatible with existing plans? No land or shoreline uses will be affected by this proposed non -project rezone. ...... _...... _.._ ........ Proposed measures to avoid or reduce shoreline and land use impacts are: Land and shoreline impacts will be considered through development standards at time of building, ....................................... .......................................... -_..................................................................... ._...... _...................... -_ ................................................. __._..................... ......... ... 6 How would the proposal be likely to increase demands on transportation or public services and utilities? New development on the site will increase demands on transportation and public services/utilities. ------- ------- --------------------------------- ------ -----__Proposed measures to reduce or respond to such demand(s) are: New development will be required to meet transportation/services & utility concurrency standards. ............. .... ............ 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 are anticipated by this non -project rezone application with local, state or federal laws. Revised 08/2017 CITY OF YAKIMA F"LANNNG" DIV Page I +&dD DATAL PROPERTIES LLC RZ#009-18 & SEPA#018-18 EXHIBIT LIST CHAPTER F Application ff F-1 Application for Rezone 07/10/2018 ....................... ....... _ ._._. ....... __ ...... �.... _ .. .... .__.......... ................... ......................._. ......... ...................... ---- ............. .................. __.................... _............. ....... ...._.._.___ ._......................... . ............. RECEWED am a+a% LAND USE APPLICATION N , CITY OF YAKIMA,DEPAR TMF.NT OF COMMUNITY DEVELOPMENT it l� -1 � 208 I0.. �. >�' •,.A.Y Im, A, a n h � rj 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901 CITY OF YAKIMA PHONE: 509 575-6183 EMAIL: ask. tannin akimawa. ov ( ) P g@Y gi4_ INSTRUCTIONS - PLEASE READ FIRST Please t e or grint lour answers clear] . 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 11 and III contain additional informations ecific to your proposal and MUST be attached to this page to com tete thea lication. PART I- GENERAL MFORMATION Name: Hordan Planning Services - ....-............. ............... _... 1. Applicant's Mailing Address: 410 N 2nd St Information- ---- -- City: Yakima St: WA Zip 98901 mm� Phone: ( 509 )249-1919 E-Mail 2 Applicants Check One '.a�gcnt urchaser Interest in Property_ ❑Other Planner ❑ Owner ..._. _..... ...... _ _.... . Name: Datal Properties LLC 3. Property Owner, ,.----------- ----------- __..,..-.,,----,---- ...............................................r......................................,.........,........................................,...............................,r.........,-...---„..,..,,..,,,,,,,,..,, p y s Mailing Address 12612 W Nob Hill Blvd Suite 101, PMB 148 Information (If other than Applicant): City: I Yakima �St: I WA Zip, 98902 Phone'( 509 ) 728-4744 E-Mail: 4. Sub'ect Property's Assessor' Number(s � s Parcel ): 181321-42402 and 181321-42537 5. Legal Description ofProperty.y(f len lengthy, lease attach it on aseparate (ig y se p eparate document) See attached. ...... ------------- - - -- ......®.. 6. Property Address: 113 and 115 N 56th Ave Yakima, WA 98908 7. P.., ...... . ,... .................. .......... --.. - rop erty's ExistingZoning ❑ SR W R-1 ❑ R-2 ❑ R-3 ❑ B-1 ❑ B-2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ M-2 ..., ....A'iI ...a......................._..--.-,.-......�.....typeOf Application. (Check All That Apply) Rezone ❑ Comprehensive Plan Text or Map ❑ Environmental Checklist (SEPA Amendment Review) Transportation Concurrency ❑ Oth r: , ❑ Other: Master Application ❑ (select if submitting two or more ap2lications under Title 15) PART II - SUPPLEMENTAL APPLICATION, PART III - REQUIRED ATTACHMENTS, & PART IV - NARRATIVE 9. SEE ATTACHED SHEETS PART V CF10 1FICATION 10. 1 certify 1Vthelbrinadon on this application and the p�tludi°a� 1 attdicimottw oit�s are true and correct to the best of my knowledge. roperty , ]ignature Date Appluean 's Signature cDate FILE/APPLICATION(S)# ” b- 4.—Z o DATE 1.;I." PAID: 1:.0 CIVED BY: AMOUNT PAID: RECEIPT NO: Revised 08/2017 OCPage 3 INIDEX I LEGAL DESCRIPTION 181321-42402 Lot 2, Orchard Park Homes, recorded Volume "O" of Plats, Page 5, records of Yakima County, Washington. 181321-42537 Lot 1 and the West half of Lot 25, Orchard Park Homes, recorded Volume "O" of Plats, Page 5, records of Yakima County, Washington. RECEIVED ,,ilii 10 2018 CITY OF YAKIMA F'I.VJC ,: "' CIV DOC. * r- 7/3/2018 DATAL PROPERTIES, LLC - 603552799- Corporations - WA Secretary of State LIB I # 603 552 799 Status ACTIVE Expiration Date 10/30/2018 Period of Duration PERPETUAL Business Type WA LIMITED LIABILITY COMPANY Date of Incorporation 10/19/2015 State of Incorporation WASHINGTON Registered Agent ELIZABETH POMEROY 2612W NOB HILL BLVD #101-148 YAKIMA, WA 98902 Governing Persons CHRIS WADDLE — GOVERNOR Current as of: 7/3/2018 3:13 PM RECEIVED JUL 10 2018 CITY OF YAKIMA I• A1l.'[.1;r iC [?IV DOC. INDEX https://www.sos.wa.gov/corps/business.aspx?ubi=603552799 1/1 Supplemental Application For: Ard ib°� �� -- REZONES f i YAKIMA MUNICIPAL CODE CHAPTER 15.23 �" PART II - APPLICATION INFORMATION 1. EXISTING ZONING OF SUBJECT PROPERTY: ❑ SR''' R-1 ❑ R-2 ❑ R-3 ❑ B-1 ❑ B-2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ M-2 2. DESIRED ZONING OF SUBJECT PROPERTY: ❑ SR ❑ R-1 ❑ R-2 ❑ R-3 ❑ B -I ❑ B-2 ❑ HB ❑ SCC NJ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ M-2 3. ZONING OF ADJOINING PROPERTY (check all that apply): ❑ SR V R -I ❑ R-2 ❑ R-3 ❑ B -I ❑ B-2 ❑ HB ❑ SCC IN LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ M-2 4. EXISTING FUTURE LAND USE DESIGNATION: ❑ Low Density Residential ❑ Mixed Residential ❑ Community Mixed -Use Commercial Mixed -Use ❑ CBD Commercial Core ❑ Regional Commercial ❑ Industrial 5. PROPOSED FUTURE LAND USE DESIGNATION: Is there a proposed change to the Future Land Use Map? NO. 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: Transportation ❑ Rights -Of -Way ❑, Police And Fire Protection ❑ Parks And Trails Schools Water Sewer 141 Storm Drainage ❑ Electricity EN1I Natural Gas Telephone Cable TV PART III - RE UIRED ATTACHMENTS 7. WRITTEN NARRATIVE (required): (stating the reason for the request for the rezone, explaining how the proposed amendment meets the proposed rezone request) 8. ENVIRONMENTAL CHECKLIST (required): 9. TRAFFIC CONCURRENCY (maybe required): 10. SITE PLAN (required if the rezone is associated with land use development):. 11. AUTHORIZATION: I hereby authorize the sul aittal of this Rezone or Text AmendmentA Application to the Cit of Yakima y pp y a for review. Property Owner tno-ature (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 AE-CEIVED 11 f1 1 0 2018 CITE OF YAKIMA j, 1<aa w�e 2 Revised 08/2017 00CPage C 4 I —� 0 0 r s , Supplemental Application For: ,fd f V%11 REZONES Ph,t'°^ YAKIMA MUNICIPAL CODE CHAPTER 15.23 rir�,rw„ PART IV - NARRATIVE A. How is the subject property suitable for uses permitted under the proposed zoning? See attached written narrative for answers to all questions (A-E-- this page). What is the status of existing land use? B. How is the rezone request in compliance with and/or how does the request deviate from the Yakima Urban Area Comprehensive Plan? C. 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? Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? D. How is the proposed zone change compatible with the existing neighboring uses? What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space traffic flow alteration, etc.? E. What is the publi c need for the proposed change? 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 ECO pp //�� pp�` Y ED Revised 08/2017 JI II 10 2018 CITY OF YAKIM AINDEX NV PART IV — REZONE NARRATIVE A. How is the subject property suitable for uses permitted under the proposed zoning? The property is well suited for all commercial uses permitted under the proposed zoning Large Convenience Center zoning district. The property lies at the southeast corner of the signalized intersection oflortli 6"'Avenue and Summitview Avenue, which are both arterial streets. The property is flat, however it is slightly lower in elevation than the surrounding roadways. It is anticipated that the property will be elevated with fill, once a project is designated for the site. The property currently has access to domestic water from the Nob Hill Water Company and sanitary sewer from the City of Yakima. All other necessary urban services and facilities (i.e. electrical power, natural gas, telephone, parks, police, fire etc.) are present. In this instance, there is a specific use proposed for the property. The subject property owner intends to construct a drive-through beverage shop at the site. A conceptual site plan has been included in this application for reference. This application does not seek approval of the site plan but it does seek approval of the rezone. The site consists of two properties that total 27,583 square feet in size or .63 acres in size, which can accommodate the anticipated land use and many other land uses permitted in the Large Convenience Center zoning district. The general area is a mixture -use neighborhood consisting of single-family residences, condominiums, large grocery/big box stores and a multitude of local retail/service establishments. Based on the current land use pattern, this site is suitable for uses permitted in the proposed Large Convenience Center zoning district. What is the status of the existing land use? The subject property consists of two individual parcels. Parcel Number 181321-42402 (south parcel) is 9,148 square feet in size, fronts on North 56th Avenue and contains a single-family residence constructed in 1950 which is connected to domestic water and sanitary sewer. Parcel Number 181321-42537 (north parcel) is an 18,435 square foot corner lot that fronts on North 56th Avenue and Summitview Avenue. The property contains a single-family residence constructed in 1950 which is connected to domestic water and sanitary sewer. RECE ED JUL ! 0 2018 CITY OF YAKIMA DOC. n'v INDEX Ll B. How is the rezone re nest in compliance witli and/or how does the rec nest deviate from the Yakima Urban Area Comprehensive Plan? The rezone request is in compliance with the City of Yakima Comprehensive Plan 2040 because the proposed rezone meets the intent of the Commercial Mixed -Use land use designation at 2.2.4 of the comprehensive plan by promoting "the greater integration of mixed uses that offer greater development choices to property owners, increased housing options, strengthened commercial retail areas and lively pedestrian -oriented development". The proposal meets the locational criteria of the comprehensive plan because the subject property adjoins an existing commercial business, is located adjacent to an existing commercial center (west and north), will be within close proximity of residential patrons and is located along a signalized arterial. The principal use and density of the land use designation is met because this rezone will permit a wide range of retail and general services to occur within the area. The proposal better implements the applicable plan policies because it meets the following goals and policies: 2.4 — GOALS AND POLICIES Goal 2.1 — Establish a development pattern consistent with the communi 's vision. Polices — Designate the general distribution, location and extent of the uses of land for housing, commerce, recreation, open spaces, public utilities and facilities and other land uses. Policy 2.1.4 — Manage and maintain the City's Official Zoning Map to ensure continued consistency with the Future Land Use Map. Proponent 'oinment — Currently, there is an inconsistency between the existing Future Land Use Map designation for the property and the current zoning district of the property. The current land use designation of the Future Land Use Map is Commercial Mixed Use and the existing zoning is Single-family Residential. Thus, the land use designation and the zoning are inconsistent with one another based on the Consistency Chart (Exhibit 2-2 of Goal 2.2) found within the comprehensive plan. This proposal brings the current land use designation of Commercial Mixed Use into compliance with the proposed zoning district of Large Convenience Center which is consistent with the Consistency Chart (Exhibit 2-2 of Goal 2.2) of the comprehensive plan. RECE ED JUL i 0 2018 CITY OF YAKIMA DIV -DOC. INDEX # F- I 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. Poligy 2.5.1 — Allow for a mixture of compatible land uses along corridors and within mixed-use designated areas. This includes the integration of multi -family residential and office uses with retail and service commercial uses. Provide zoning and design standards to maintain compatibility between different uses and zones. Policy 2.5.3 — Utilize strict access management standards to enhance safety and maintain the arterial traffic functions of the corridor, Proponent Comment — This proposal implements the comprehensive plan better than the current designation because it will provides an opportunity for a new business to locate along an arterial aclbacent to an existing commercial center. As proposed in the concept site plan, access to the site is proposed from North 56th Avenue, which is as far away :lronn the inteaseetion ol'North 56th Land. Summitview Avenue as possible. This single road he has been designed to enhance safety and maintain traffic functions of the roadway corridor. For the reasons above, this proposal better implements applicable plan policies and brings the project into compliance with the Comprehensive Plan while recognizing the surround land uses and traffic patterns. C. Are there adequate )ublic facilities such as traffic capacity. sewer services potable water, stormwater drainage, schools fire and police services and other public services and infrastructure existing on the and ;around the sub''ect property? The subject lies at the intersection of North 56th Avenue and Summitview Avenue. This area is served with all urban facilities and services need for a project on site of this size. Access is proposed via North 56th Avenue which is an arterial roadway. The site has access to a minimum 8 -inch sewer line at the southwest corner of the lot and a 8 -inch water mains along the west and north property lines. Electrical power, telephone service and natural gas currently serve the property. Since this is a commercial property, no open space, recreational or educational facilities are needed. The property is protected by the Yakima Fire Department and Police Department. 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? Yes, the existing public facilities are capable of supporting the most intensive use of the new zone. The property is .63 acres and minimal public services are needed to serve a site this size. If any service or facility deficiency exists in the delivery of services to this property, necessary mitigation will take place by the developer to ensure adequate public RECE ED JUL10 2018 CITY OF YAKIMA 0lv. DOC. INDEX services and facilities are in place at the developer's expense through future SEPA and land use concurrency requirements. 1). How is the proLmsed :rove change compatible with the existing neighboring uses? The proposed zone change is compatible with existing neighboring land uses because surrounding properties that lie to the west, north and northwest make-up the large convenience center in this area. The property lies at the southeast intersection of North 56t" Avenue and Summitview Avenue, which is more conducive to commercial activities than residential uses. Although this is a non -project rezone, a conceptual site plan has been included for the City and neighboring property owner's to understand the desired use of the property. The proposed use, a drive-through beverage stand, will require an additional application (Class 2 Review) to determine actual compatibility between the proposed new land use and the existing neighboring residential uses to the south and east.. Based on the lack of opposition to the Comprehensive Plan Land Use Amendment in 2016, it appears that compatibility issues are minimal and can be accomplished through further land use applications for an actual use. What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space, traffic flow alteration, etc.? No mitigation is proposed as part of this rezone request as it is a non -project request. However, appropriate mitigation is built into the SEPA and zoning codes through regular site plan approval once a specific project is proposed. Required mitigation to address compatibility would be implemented at that time through required development standards between the two different zoning districts. E. What is the public need for the proposed change? The public need arises from the fact that expansion within some existing zoning districts does not exist. This occurs when all or most of the available land in a particular zoning district is developed, not available for sale, not the correct size or cannot accommodate a proposed land use for other reasons. It also occurs when a particular property has nowhere else to expand due to physical features, and is forced to expand in a certain direction. In this case, available Large Convenience Center zoning is limited to undesirable areas or non-existent for a drive-through facility which caters to the travelling public and must have appropriately setback access from intersections onto arterials to be successful. At this site, the City has provided the necessary infrastructure for this specific type of development (i.e. major arterial roadways, easy access to the transportation network, adequate water and waste water lines). This rezone meets that public need and RECO ED JUL10 2098 CITY OF YAKIMA U DOC INDEX perspective of a large convenience center, while using the infrastructure provided for a commercial business to locate at this location. Small rezones like this also provide the opportunity for additional jobs which is a direct benefit to the citizens of Yakima. Based on the above, there is a public need for the proposed change. RECEW ED J UL 10 2098 CITY OF YAKIMA F'WJPTNG DIV DOC. INDEX # F -I DATAL PROPERTIES LLC RZ#009-18 & SEPA#018-18 EXHIBIT LIST CHAPTER G Public Comments M.MM, MEMMEM EM G-1 Email Comments from Dana Hicks 08/19/2018 �.... _... ------ ....... ._ _ __....... _.............. _....... .................... _........................ . ............ ............ ......... ... ........ .... ....................... ... .u__ .............. .........................- .... __..... .___..... .............. ... ................. Maxey, Lisa From: Dana Hicks <dhicks1217@icloud.com> Sent: Sunday, August 19, 2018 5:19 PM To: Ask Planning Subject: Datal Properties LLC. File # RZ#009-18 Follow Up Flag: Follow up Flag Status: Flagged Hello, my name is Dana Hicks, my mother Olivia Hicks lives at 118 N. 55th Ave. directly behind the lots that are going to be developed. My questions are: 1. Is this going to increase or decrease her property value? 2. Is all the vegetation on those lots going to be removed? 3. What kind of border or fence will separate the properties? 4. As of now she has a privacy fence that is old and vegetation from the adjoining lot is pushing it over. 5. We are highly against any type of cyclone fence. 6. We can mend our fence once the vegetation is removed. 7. What kind of noise is going to be created by this new business that is going to be built on these lots? 8. Will this create a unsecured hardship for my mother? Any answers that you can give me would be greatly appreciated thank you very much Dana Hicks. Sent from my iPad DATAL PROPERTIES LLC RZ#009-18 & SEPA#018-18 EXHIBIT LIST CHAPTER lI Public Notices M H-1 MEMEMEM Land Use Action Installation Certificate 07/30/2018 H-2 Determination of Application Completeness 07/31/2018 H-3 ...... ........ Notice of Application, SEPA & Public Hearing �. ._._._.. 08/02/2018 H -3a: Legal Notice H -3b: Postcard Notice H -3c: Press Release and Distribution Email H -3d: Parties and Agencies Notified H -3e: Affidavit of Mailing H-4 Notice of Determination of Non -Significance 08/28/2018 H -4a: Parties and Agencies Notified H-: Affidavit of Mailin H-5 .......4b..... .... . _._............ YPC Agenda and Packet Distribution List 09/19/2018 ......... H-6 _.... ................. _.�...._ YPC Agenda ._....._u ..... _..... ...... ....... _ ................................................ 09/26/2018 Mrs Ai "` DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director <. A K a Planning Division Joseph Calhoun, Manager 129 North Second Street, 2" a Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday September 26, 2018 3:00 p.m. - 5:00 p.m. YPC Members: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Jacob Liddicoat, Robert McCormick, Leanne Hughes -Mickel, and Philip Ostriem Council Liaison: Jason White City Planning Staff: Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager); Eric Crowell (Associate Planner); Trevor Martin (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Planning Specialist) AGENDA I. Call to Order 11. Roll Call 111. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of September 12, 2018 VI. Public Hearing - Datal Properties LLC Applicant: Hordan Planning Services on behalf of Datal Properties LLC File Numbers: RZ#009-18 & SEPA#018-18 Site Address: 113 & 115 N 56th Ave Request: Non -project rezone consisting of two parcels, totaling approximately 0.63 acres, from Single -Family Residential (R-1) to Large Convenience Center (LCC). This proposal includes a non-binding conceptual site plan for reference purposes only for a drive-thu beverage facility which is one potential land use that the property owner anticipates may be suitable for this location and is a permitted use in the LCC zoning district. VII. Continued Public Hearing - West Valley Nursing Homes Inc. Applicant: City of Yakima Wastewater Division File Numbers: CPA#005-18, RZ#006-18 & SEPA#008-18 Site Address: Vicinity of S 85th Ave & Occidental Rd Request: Retain the Future Land Use map designation for 5 parcels of Mixed Residential and zoning designation of Multi -family Residential (R-3) previously approved through CPA#006-12, RZ#006- 12, and a property use and development agreement executed by City Council which limited development of the property to multi -family senior living and senior care residential facilities. The property owner no longer proposes a senior living/ senior care land use and therefore proposes to vacate the property use and development agreement to allow for other multi -family uses. VIII. Study Session: Hotel/Motel & Extended Stay Hotel/Motel Uses & Definitions IX. Other Business X. Adj ourn Next Meeting: October 10, 2018 YPC Staff Report & Packet Distribution List Datal Properties LLC RZ#009-18 & SEPA#018-18 YPC PACKET: Patricia Byers Patby'ers907@n2sn.cqM Rob McCormick Lob@ Mccormickaircenter.corn Philip Ostriem Philipostriem_&Ma ilxom AGENDA & STAFF REPORT ONLY: Datal Propeties LLC 2612 W Nob Hill Blvd #101 PMB 148 Yakima, WA 98902 Al Rose Silvrfx40&qjj,pgj aar704O@gmaii.com Jake Liddicoat ake@3d�akima.com _kg@joyAka.com L _ Hordan Planning Services 410 N 2n, St Yakima, WA 98901 tp Ls4 10@ qw e s t o f Lic Datal Propeties LLC 304 N 22nd Ave Yakima, WA 98902 Date Distributed: t /I `�1 A 8 Bill Cook Cook.wPcharter.net Leanne Hughes -Mickel lea nLie. m ickej(EMgLsoM AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RZ#009-18 & SEPA#018-18 Datal Pro erties LLC ..._..... ........ ...... _.. ........ _ ..... _. 113 & 115 N 56th Ave I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, 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 28th day of August, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist 18132131025 18132113014 18132142402 56TH AVENUE PROPERTIES LLC CHRISLINC PROPERTIES LLC DATAL PROPERTIES LLC 102 N 56TH AVE STE D 2320 N ATLANTIC #100 304 N 22ND AVE YAKIMA, WA 98908 SPOKANE, WA 99205 YAKIMA, WA 98902 18132142537 18132113012 18132113024 DATAL PROPERTIES LLC DRAFT ISSUE HOLDINGS LLC JPMORGAN CHASE BANK 2612 W NOB HILL BLVD #101-148 311 S 11TH AVE 270 PARK AVE YAKIMA, WA 98902 YAKIMA, WA 98902 NEW YORK, NY 10017 18132113438 18132124006 18132131040 KEARNEYS SURVIVORS TRUST MOULTRAY PROPERTIES LLC SAFEWAY INC., STORE #502 215 N 56TH AVE APT 31 PO BOX 2872 1371 OAKLAND BLVD STE 200 YAKIMA, WA 98908 YAKIMA, WA 98907 WALNUT CREEK, CA 94596 18132131039 18132131038 18132131031 SA Y STORE INC., #50��°""`"'� SIEVERS FAMILY LLC VIRK GROUP INC 1371 OAK E 200 PO BOX 161432 5604 SUMMITVIEW AVE WALNUT K' CA 6 BIG SKY, MT 59716 YAKIMA, WA 98908 18132142515 18132142403 18132142522 BRADLEY S & SUSAN L URQUHART BRIAN A HAMMONS COLLEEN RAUERT 5420 W BROWN ST 5000 CALIFORNIA AVE SW UNIT 402 119 N 55TH AVE PASCO, WA 99301 SEATTLE, WA 98136 YAKIMA, WA 98908 18132142510 18132142405 18132113440 DON L & OLIVIA E HICKS DUSTIN & LEAH HEMLING ELEDA JOHNSON 118 N 55TH AVE 107 N 56TH AVE 215 N 56TH AVE APT 33 YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 18132142526 18132142513 18132113439 HARELD R & PENELOPE BORLAND IRELIUS DENARD & DEBORAH L JONES JOANN S BEAULAURIER 105 N 55TH AVE 110 N 55TH AVE 215 N 56TH AVE APT 32 YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 18132142524 18132142511 18132142406 KEITH L & CAMILLE JONES LEONARD & CAROLINE E RUSSELL MARJORIE E SWITZER 111 N 55TH AVE 114 N 55TH AVE 103 N 56TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 18132142514 18132113442 18132142509 MARLA TUESLEY MARYETTE & LAURIE CAMP MICHAEL S RICHARDSON 106 N 55TH AVE 215 N 56TH AVE APT 35 603 MURIEL ST YAKIMA, WA 98908 YAKIMA, WA 98908 RICHLAND, WA 99352 18132113441 18132142523 18132142525 MICHAEL S & FAITH K RICHARDSON NICOLE A WAIT RYAN R SCOTT 215 N 56TH AVE APT 34 2443 SW PUMICE AVE 109 N 55TH AVE YAKIMA, WA 98908 REDMOND, OR 97756 YAKIMA, WA I ou 18132142512 18132142404 32 SHAWN P COPELAND TERESA D MENARD Total Parcels - Datal Properties LLC - 112 N 55TH AVE 109 N 56TH AVE RZ#009-18 & SEPA#018-18 YAKIMA, WA 98908 YAKIMA, WA 98908 Hordan Planning Services 410 N 2nd St # Yakima, WA 98901 Ahtanum Irrigation District Chamber of Commerce Department of Agriculture Beth Ann Brulotte, Executive Assistant 10 North 9th Street Kelly McLain 10705-B Gilbert Road Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 Yakima, WA 98903-9203 chamb r@.y�)kJrn,,a,,,qrp k,mIc.l.ali..n,@,AP—r.w-a,.g-qy, ................ ___ . ......... Dept of Archaeology & Historic Preservation ........... ........................... Department of Commerce ------------ Department of Ecology Greg Griffith or Gretchen Kaehler, Deputy State Growth Management Services Annie Szvetecz, SEPA Policy Lead Historic Preservation Officer P.O. Box 42525 P.O. Box 47703 P.O. Box 48343 Olympia, WA 98504-2525 Olympia, WA 98504-7703 Olympia, WA 98504-8343 SgpAmhslLet@ft .............. ...... ..... . . ................... Department of Ecology Department of Fish and Wildlife Department of Fish and Wildlife Gwen Clear, Regional Coordinator Eric Bartrand SEPA Desk 1250 West Alder Street 1701 South 24th Ave PO Box 43200 Union Gap, WA 98903 Yakima, WA 98902 Olympia, WA 98504 @g.pordiqator c Aegy,��gqy a w, Eric.Sart an4r SEPAdesk M 'Apy A .................. ........ — ------- $@ '—cal-tt2olq W-wa .. ......... ............... Department of Health Department of Natural Resources Department of Social & Health Services Kelly Cooper SEPA Center Terri Sinclair -Olson PO Box 47820 PO Box 47015 Operations Support and Services Division Olympia, WA 98504 Olympia, WA 98504 P.O. Box 45848 Kelly.co—opme wa )acqnter@Aq, Olympia, WA 98504 . ..... . ....... ................. Terfl-Sinn lair-Ols .... . . . ................. Energy Facility Site Evaluation Council -EFSEC Engineering Division Nob Hill Water Association Stephen Posner, SEPA Officer Bob Degrosellier and Brett Sheffield, City Bob Irving, Engineering Technician PO Box 43172 Engineer 129 N 2nd Street 6111 Tieton Drive Olympia, WA 98504-3172 Yakima, WA 98901 Yakima, WA 98908 . ........... ................... __ .... .... clan k ............ ....... Office of Rural and Farm Worker Housing Parks & Recreation Commission US Army Corps of Engineer, Marty Miller Jessica Logan Seattle District 1400 Summitview Ave, Ste# 203 PO Box 42560 Regulatory Branch Yakima, WA 98902 Olympia, WA 98504 P.O. Box 3755 iVtaatysrJ�t�rftr Avg Jessic�10 . . ...... Seattle, WA 98124-3755 . . . ............................ .................. ............. ef�vreMJ ...................... Wastewater Division West Valley School District WSDOT Marc Cawley or Dana Kallevig Angela Watts, Asst. Supt. Of Business & Paul Gonseth, Planning Engineer 2220 East Viola Ave Operations 2809 Rudkin Road Yakima, WA 98901 8902 Zier Road Union Gap, WA 98903 Yakima, WA 98908-9299 dana.kaMevlg,@ygkJMgWgLM .......... ................. WSDOT WSDOT, Aviation Division . . . . ...................................... ------ Yakama Bureau of Indian Affairs South Central Region) Planning Office Patrick Wright Rocco Clark, Environmental Coordinator S-c-pla 1 nflP�Aqt-,wom 7702 Terminal St SW P.O. Box 632 —nn Turnwater, WA 98501 Toppenish, WA 98948 .................. ... . .............. Roccoclark@ ..... . ..... Yakama Nation Environmental Mgmt Program Yakama-Klickitat Fisheries Project Yakima Air Terminal Elizabeth Sanchey, Environmental Review John Marvin Robert Peterson, Airport Asst Manager Coordinator 760 Pence Road 2400 West Washington Ave P.O. Box 151 Yakima, WA 98909 Yakima, WA 98903 Toppenish, WA 98948 inarvin " akama.corn gs�qndnwftlkdnp spin . . . . ............... Yakima County Health District Yakima County Flood Control District Yakima County Commissioners Ryan lbach, Director of Environmental Health Terry Keenhan & Dianna Woods Comimissione web c k Ag.tjs 1210 Ahtanum Ridge Dr Ste#200 128 North 2nd Street, 41h Floor Union Gap, WA 98903 Yakima, WA 98901 Rrr K!!vL(1§q@s h q 4101c-112 akiffl .010 ..... . ..... . Yakima County Planning Yakima County Public Services Lynn Deitrick & Jason Earles Vern Redifer, Public Services Director Yakima Greenway Foundation 128 North 2nd Street, 4th Floor 128 North 2nd Street, 4th Floor Kellie Connaughton, Executive Director Yakima, WA 98901 Yakima, WA 98901 111 South 18th Street t I VSxed i fe r rn a, us Yakima, WA 98901 jLs qAq_ I ,rn I I I _@ya_ _trorg Willie a kim.'a&L AV. Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Planning Supervisor 329 North 1st Street Yakima, WA 98901 M7 tsa0..yrr �� _dtg Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 jghn yaimava11- mo eurrr.org Yakima School District Scott Izutsu , Associate Superintendent 104 N 41h Ave Yakima, WA 98902 datglsu sc�i_t_i�akro�rscl�oods.o�°e Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 keit e kCvarestecrann mctions r,om Yakima Valley Conference of Governments Mike Shuttleworth, Planning Manager 311 North 4th Street, Ste# 202 Yakima, WA 98901 Mike huttleworth@yvcog„M INDEX ���� Century Link Charter Communications City of Union Gap Manager Kevin Chilcote Dennis Henne, Development Director 8 South 2nd Ave, Rm#304 1005 North 16th Ave P.O. Box 3008 Yakima, WA 98902 Yakima, WA 98902 Union Gap, WA 98903 Department of Agriculture Environmental Protection Agency Federal Aviation Administration Kelly McLain NEPA Review Unit 2200 W. Washington Ave P.O. Box 42560 1200 6th Ave #900 Yakima, WA 98903 Olympia, WA 98504 Seattle, WA 98101 Federal Aviation Administration, Seattle Governor's Office of Indian Affairs Pacific Power Airports District Office Cayla Morgan, Airport Planner PO Box 40909 Mike Paulson 1601 Lind Ave SW Olympia, WA 98504 500 North Keys Rd Renton, WA 98055-4056 Yakima, WA 98901 Soil Conservation District Trolleys United States Postal Service Ray Wondercheck Paul Edmondson Maintenance Deptartment 1606 Perry Street, Ste. F 313 North 3rd Street 205 W Washington Ave Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98903 WA State Attorney General's Office Eastern Drinking Water operations Yakama Bureau of Indian Affairs 1433 Lakeside Court, Ste# 102 River View Corporate Center Superintendent Yakima, WA 98902 16201 E Indiana Ave, Ste# 1500 P.O. Box 632 Spokane Valley, WA 99216 Toppenish, WA 98948 Yakama Indian Nation Johnson Meninick, Cultural Resources Yakama Indian Nation Yakima School District Program Ruth Jim, Yakima Tribal Council Dr. Jack Irion, Superintendent P.O. Box 151 P.O. Box 151 104 North 4th Ave Toppenish, WA 98948 Toppenish, WA 98948 Yakima, WA 98902 Yakima Valley Canal Co Yakima-Tieton Irrigation District Cascade Natural Gas Robert Smoot Sandra Hull 8113 W Grandridge Blvd 1640 Garretson Lane 470 Camp 4 Rd Kennewick, WA 99336 Yakima, WA 98908 Yakima, WA 98908 Ahtanum Irrigation District US Army Corps of Engineers Beth Ann Brulotte, Executive Assistant Seattle District 10705-B Gilbert Road Regulatory Branch Yakima, WA 98903 P.O. Box 3755 Seattle, WA 98124-3755 \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES _updated 7.2.18- Form List.docx Type of Notice: Of �' V File Number: Date of Mailing: Parties of Record — Datal Properties LLC — RZ#009-18 SEPA#018-18 Hordan Planning Services Datal Properties LLC Datal Properties LLC 410 N 2nd St 2612 W Nob Hill Blvd # 101 PMB 148 304 N 22"d Ave Yakima, WA 98901 Yakima, WA 98902 Yakima, WA 98902 lip D QDmcfva soca d.__"rc,aet _.....__. _....................... Dana Hicks 118N55'a'Ave Yakima, WA 98908 cdla��,q,r)nc,Boaaa�,,.mma�caall In -House Distribution E-mail List Name Division E-mail Address _.... Carolyn Belles . ...... __. Code Administration t arcllyrl ell, Glenn Denman . _ ..................... Code Administration ---------------- tvr.IM De irna¢a@y, alcaaa a va v .. ...... ...... Joe Caruso ._........ _ .... Code Administration ................ Joe, Suzanne.DeBusschere Code Administration una;aite l a.lacassclta ¢c 1 y ak as a a,, tav, Vick DeOchoa Code Administration Vick..DeOc1,10 Joan Davenport ....... Community Development logn,,l , venport y_aki a a gq ....................w_ww Dan Riddle ............ Engineering .. _ ....... _... Daii.RJLl LAL (r y1,1pp�awa.gg Mike Shane _. �. Engineering Mike S laanc rad al am avva go..._.. y "� ... ................ Pat Reid �_._______________ _ Fire Dept .......... ______ Pal, eid(. hyaklarrawa.g y _............. Jeff Cutter ............. Legal Dept Jalr; aatta.a, yak,aa aawva a y, .... _._._.............................. Sara Watkins ._.___..____. Legal Dept _...... � �_ _"h atkll7w cldy lLpulp ale y _......_.._ Archie Matthews _...... _ ONDS ... rghi O'4�Ijtitlaea qki i aavlt,Zgv Joseph Calhoun .................. Planning Division _ .. .......... 9rar ply all, aotaa�rvr_aow Chief Rizzi Police Department p I��rava�aaa� ltd, zzj�j yakaaaaawa.ga v — ..... Scott Schafer _ ...._... .......� Public Works Dept ... _.________.._--w "�qgt Schwks��jgwkt.my Loretta Zammarchi Refuse Division ���� ....���� '.... ... (y _ _... I carc:ttia �r'"aa�aan�aama�llp tt� aa�al�a�ava 1y Randy Layman .................. Refuse Division laracly 1 1,yruxlr�akrdt��wvt„gow Naeem Kara Transit Division Naccn Kaaai” Dyakiaaaawwa tav James Dean Utilities Janics„Dcan(i �pN m r a.gov Dana Kallevig ..................... Wastewater _ ............... Dasa a Kallovg e��yAIa im awa gt)v Randy Meloy Wastewater l andy M.el y yKll praa au gaav For the Record/File Revised 04%26ii Type of Notice: WC O -C ( V File Number: I Z_ *Od Date of Mailing: Maxe , Lisa From: Maxey, Lisa Sent: Tuesday, August 28, 2018 10:28 AM To: Belles, Carolyn; Brown, David; Calhoun, Joseph; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; DeOchoa, Vick; Desgrosellier, Bob; Ibarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Watkins, Sara; Zammarchi, Loretta; Ahtanum Irrigation District - Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Agriculture; Department of Commerce (CTED) - Review Team; Department of Ecology; Department of Ecology - Lori White; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife - Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Department of Social & Health Services; Dept. Archaeology & Historic Preservation - SEPA Review; Energy Facility Site Evaluation Council - Stephen Posner; Nob Hill Water - Bob Irving; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; Scott Izutsu - Yakima School District; US Army Corps of Engineers - David Moore; WA State Parks & Recreation Commission; West Valley School District - Angela Watts; WSDOT - Paul Gonseth; WSDOT - South Central Regional Planning Office; WSDOT Aviation - Patrick Wright; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Nation Environmental Management Program - Elizabeth Sanchey; Yakama- Klickitat Fisheries - John Marvin; Yakima County Building Official - Harold Maclean; Yakima County Commissioners; Yakima County Flood Control District - Dianna Woods; Yakima County Flood Control District - Terry Keenhan; Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima County Planning - Zoning/Sub - Jason Earles; Yakima County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Kellie Connaughton; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Mike Shuttleworth; Yakima Valley Museum - John A. Baule; Yakima Waste Systems - Keith Kovalenko; Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Jacob Liddicoat; Leanne Hughes -Mickel; Patricia Byers; Philip Ostriem; Rob McCormick; White, Jason; William Cook (cook.w@charter.net) Cc: Crowell, Eric Subject: Notice of DNS - Datal Properties LLC - RZ#009-18 & SEPA#018-18 Attachments: NOTICE OF DNS_Datal Properties LLC - RZ SEPA.PDF Attached is a Notice of Determination of Non -Significance (DNS) regarding the above -entitled project. If you have any questions about this proposal, please contact assigned planner Eric Crowell at (509) 576-6736 or e- mail to o l cr w e,1I.@,Vkimawa g Y. Thank you! Lisa IMaxey Planning Specialist I City of Yakima Planning Division (509) 576-6669 Lisa Ma .y@�' k{nja .gra Planning Division: (509) 575-6183 129 N 2"d Street, Yakima, WA 98901 AW "m a %A I%'%. Afdf 0 M M I", plo'illli'r), 9 DEPA..fMENT OF COMMUNITY DEVEL(. _✓LENT Joan Davenport, AICP, Director Joseph Calhoun, Manager 129 North Second Street, god Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON August 28, 2018 PROJECT DESCRIPTION: Non -project rezone consisting of two parcels, totaling approximately 0.63 acres, from Single -Family Residential (R-1) to Large Convenience Center (LCC). LOCATION: 113 & 115 N. 56th Ave. PARCEL NUMBER: 181321-42402 & -42537 PROPONENT: Hordan Planning Services on behalf of Datal Properties LLC PROPERTY OWNER: Datal Properties LLC LEAD AGENCY: City of Yakima FILE NUMBERS: RZ#009-18, SEPA #018-18 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 43.21 C.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. ® 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: Joan Davenport Position/Title: SEPA Responsible Official Phone (509) 575-6183 Address: 129 N. 2nd Street. Yakima, WA 98901 Date: August 28, 2018 Signature ® You may appeal this determinations: Joan Davenport, AICP, Director of Community Development, at 129 N. 2nd Street, Yakima, WA 98901. No later than: September 11, 2018. By method: Complete, appeal app,lication form and payment of $580.00 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. Yak mi �w 2015INDEX 1994 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RZ#009-18 & SEPA#018-18 Datal Properties LLC 113 & 115 N 561h Ave I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Application, Environmental Review, and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the property owner and applicant, SEPA reviewing agencies, and all property owners of record within a radius of 300 feet of the subject property; that said are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 2nd day of August, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. AA Lisa Maxey Planning Specialist DOC. INDEX 18132131025 18132113014 18132142402 56TH AVENUE PROPERTIES LLC CHRISLINC PROPERTIES LLC DATAL PROPERTIES LLC 102 N 56TH AVE STE D 2320 N ATLANTIC #100 304 N 22ND AVE YAKIMA, WA 98908 SPOKANE, WA 99205 YAKIMA, WA 98902 18132142537 18132113012 18132113024 DATAL PROPERTIES LLC DRAFT ISSUE HOLDINGS LLC JPMORGAN CHASE BANK 2612 W NOB HILL BLVD #101-148 311 S 11TH AVE 270 PARK AVE YAKIMA, WA 98902 YAKIMA, WA 98902 NEW YORK, NY 10017 18132113438 18132124006 18132131040 KEARNEYS SURVIVORS TRUST MOULTRAY PROPERTIES LLC SAFEWAY INC., STORE #502 215 N 56TH AVE APT 31 PO BOX 2872 1371 OAKLAND BLVD STE 200 YAKIMA, WA 98908 YAKIMA, WA 98907 WALNUT CREEK, CA 94596 18132131039 18132131038 18132131031 SAF . Y STORE INC., #5 SIEVERS FAMILY LLC VIRK GROUP INC 1371 OAKLA �i" STE 200 PO BOX 161432 5604 SUMMITVIEW AVE �A04UT-REEK, 6045,96 BIG SKY, MT 59716 YAKIMA, WA 98908 18132142515 18132142403 18132142522 BRADLEY S & SUSAN L URQUHART BRIAN A HAMMONS COLLEEN RAUERT 5420 W BROWN ST 5000 CALIFORNIA AVE SW UNIT 402 119 N 55TH AVE PASCO, WA 99301 SEATTLE, WA 98136 YAKIMA, WA 98908 18132142510 18132142405 18132113440 DON L & OLIVIA E HICKS DUSTIN & LEAH HEMLING ELEDA JOHNSON 118 N 55TH AVE 107 N 56TH AVE 215 N 56TH AVE APT 33 YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 18132142526 18132142513 18132113439 HARELD R & PENELOPE BORLAND IRELIUS DENARD & DEBORAH LJONES JOANN S BEAULAURIER 105 N 55TH AVE 110 N 55TH AVE 215 N 56TH AVE APT 32 YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 18132142524 18132142511 18132142406 KEITH L & CAMILLE JONES LEONARD & CAROLINE E RUSSELL MARJORIE E SWITZER 111 N 55TH AVE 114 N 55TH AVE 103 N 56TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 18132142514 18132113442 18132142509 MARLA TUESLEY MARYETTE & LAURIE CAMP MICHAEL S RICHARDSON 106 N 55TH AVE 215 N 56TH AVE APT 35 603 MURIEL ST YAKIMA, WA 98908 YAKIMA, WA 98908 RICHLAND, WA 99352 18132113441 18132142523 18132142525 MICHAEL S & FAITH K RICHARDSON NICOLE A WAIT RYAN R SCOTT 215 N 56TH AVE APT 34 2443 SW PUMICE AVE 109 N 55TH AVE YAKIMA, WA 98908 REDMOND, OR 97756 YAKIMA, WA 9C" 16132142512 SHAWN P COPELAND 112 N 55TH AVE YAKIMA, WA 98908 Hordan Planning Services�`t" 410 N 2nd St Yakima, WA 98901 18132142404 TERESA D MENARD 109 N 56TH AVE YAKIMA, WA 98908 32 Total Parcels - Datal Properties LLC - RZ#009-18 & SEPA#018-18 DOCro lunEy— H -3 Ahtanum Irrigation District Chamber of Commerce Department of Agriculture Kelly McLain Beth Ann Brulotte, Executive Assistant 10 North 9th Street Box 425 60 10705-B Gilbert Road Yakima, WA 98901 Olympia, 98504 Olympia, WAA Yakima, WA 98903-9203 gg rlaarvr,borytik_araa.�r8 kmciaarr�,aat'aga vu�a. rev, ryss Dept of Archaeology & Historic Preservation Department of Commerce Department of Ecology Greg Griffith or Gretchen Koehler, Deputy State Growth Management Services Annie Szvetecz, SEPA Policy Lead Historic Preservation Officer .. POBox 42525 P.O. Box 47703 P.O. Box 48343 Olympia, S Olympia, WA 98504-7703 aWA 9a8504 8343 Olympia, WA team Cad qmM ckggy y�r se aa, i4 t c:y_ a.gr1 Department of Ecology Department of Fish and Wildlife Department of Fish and Wildlife Gwen Clear, Regional Coordinator Eric Bartrand SEPA Desk 1250 West Alder Street 1701 South 24th Ave PO Box 43200 Union Gap, WA 98903 Yakima, WA 98902 Olympia, WA 98504 eros ,acogrginator ec waov _. l _ ... .. .._. y f ou ra 'ys SCPAdrsk dCv vr, r2,y, Scott.;p rdlwwvar am � _- .,ggy' m .._ -m..� Department of Health Department of Natural Resources Department of Social & Health Services Kelly Cooper SEPA Center Terri Sinclair -Olson PO Box 47820 PO Box 47015 Operations Support and Services Division Olympia, WA 98504 Olympia, WA 98504 P.O. Box 45848 KgY t.p;ar3afuma-my -'a_verrte.i@Agr wa gqv. Olympia WA 98504 `feriwLSunctaar Olso n, r6s8t yrxgura ,y Energy Facility Site Evaluation Council -EFSEC Engineering Division Nob Hill Water Association Stephen Posner, SEPA Officer Bob Degrosellier and Brett Sheffield, City Bob Irving, Engineering Technician PO Box 43172 Engineer 129 N 2nd Street 6111 Tieton Drive Olympia, WA 98504-3172 Yakima WA 98901 Yakima, WA 98908 saosnnr;,�a utc ~dur4a,,ga�v; dana,:,kaIleviY'. :yakim,a_w bobracfhallwatr,n2�g Office of Rural and Farm Worker Housing Parks & Recreation Commission US Army Corps of Engineers Marty Miller Jessica Logan Seattle District 1400 Summitview Ave, Ste# 203 PO Box 42560 Regulatory Branch Yakima, WA 98902 Olympia WA 98504 P.O. Box 3755 jAart Al earFh^oe g' JesMc4 jo arkv6La gqy Seattle, WA 98124-3755 —L daarad g;rnr�ore�;ursace areratY:,�.ptip.0 Wastewater Division West Valley School District WSDOT Marc Cawley or Dana Kallevig Angela Watts, Asst. Supt. Of Business & Paul Gonseth, Planning Engineer 2220 East Viola Ave Operations 2809 Rudkin Road Yakima, WA 98901 8902 Zier Road Union Gap, WA 98903 atLraw gawipy<'pkfraaM"gy Yakima, WA 98908-9299 &oras?Ap@nlqt.frmy' d�nm�alq,a v1 �, 1,�Sarnawa.;f��y', dot" _. ....... ,........__.. .................. 08.rcarg _.................................................. .....................----......... _________ ...,...._....._.........._. WSDOT WSDOT, Aviation Division Yakama Bureau of Indian Affairs South Central Regionl Planning Office Patrick Wright Rocco Clark, Environmental Coordinator SCplan'n°�"ptg�t a'y 7702 Terminal St SW P.O. Box 632 Tumwater, WA 98501 Toppenish, WA 98948 a r IT +z aws c wv4 gsly Rocco.c r t gp Yakama Nation Environmental Mgmt Program Yakama-Klickitat Fisheries Project Yakima Air Terminal Elizabeth Sanchey, Environmental Review John Marvin Robert Peterson, Airport Asst Manager Coordinator 760 Pence Road 2400 West Washington Ave P.O. Box 151 Yakima, WA 98909 Yakima, WA 98903 Toppenish, WA 98948 i aryAl @Y.alcaITagti0 sam mo?rt o�mm@m!K1i CaaAmpy nsua4rcla;°� tk ana,cona ............ .....................................w w. ..... m........ ,... W Yakima County Health District .."..................,.......................................... ...,................. ... Yakima County Flood Control District Yakima County Commissioners Ryan Ibach, Director of Environmental Health Terry Keenhan & Dianna Woods Ca�ntmass,ormr5 tnr�ae ,co„9adr w,4a, 1210 Ahtanum Ridge Dr Ste#200 128 North 2^d Street, 4t^ Floor Yakima WA 98901 Union Gap, WA 98903 Zi y � Tgra ,Ky.euo „afw ao aklm a w„,r„ A.a .-..-s.. a a vhd�r.o yakir'��akams 0a _ oodsco„y _ y4kra�� v�4,u ryas, jbacPr a�r�. 4.wa us � � Yakima County Planning_ Yakima County Publiblic Services Lynn Deitrick & Jason Earles Y Vern Red y Services Director Yakima Greenway Foundation 128 North 2nd Street, 4th Floor 128 North 2nd Street, 4th Floor Kellie Connaughton, Executive Director Yakima, WA 98901 Yakima, WA 98901 111 South 18th Street Lynn Dortrra Nc�ca yak,ma wr,K,,s %emrb rclafercro yakorn9 vwa ips Yakima WA 98901 �xi�iCS R'V�"aPYkS�,t7."r.Si �StlyfXN�'u"y'd t� _ "".m'".,�", �t�”IIP0..;y��.RIfM'9�7�r@�µrk'M8n'�ya7•M,,;;g Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Planning Supervisor 329 North 1st Street Yakima, WA 98901 Nr asarnyrcaa r rg Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 1.rwhn ya,@a�mavaB� ymuseaaulr,,, urg Yakima School District Scott Izutsu , Associate Superintendent 104 N 411 Ave Yakima, WA 98902 izuts sir w@C Y'akigl school -N& ....._................... ... Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 ker@rk asteconnections.corn Yakima Valley Conference of Governments Mike Shuttleworth, Planning Manager 311 North 4th Street, Ste# 202 Yakima, WA 98901 Mike shuttnaworth@yv. a prg Century Link Charter Communications City of Union Gap Manager Kevin Chilcote Dennis Henne, Development Director 8 South 2nd Ave, Rm#304 1005 North 16th AveP.O. Box 3008 Yakima, WA 98902 Yakima, WA 98902 Union Gap, WA 98903 Department of Agriculture Environmental Protection Agency Federal Aviation Administration Kelly McLain NEPA Review Unit 2200 W. Washington Ave P.O. Box 42560 1200 6th Ave #900 Yakima, WA 98903 Olympia, WA 98504 Seattle, WA 98101 Federal Aviation Administration, Seattle Governor's Office of Indian Affairs Pacific Power Airports District Office Cayla Morgan, Airport Planner PO Box 40909 Mike Paulson 1601 Lind Ave SW Olympia, WA 98504 500 North Keys Rd Renton, WA 98055-4056 Yakima, WA 98901 Soil Conservation District Trolleys United States Postal Service Ray Wondercheck Paul Edmondson Maintenance Deptartment 1606 Perry Street, Ste. F 313 North 3rd Street 205 W Washington Ave Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98903 WA State Attorney General's Office Eastern Drinking Water operations Yakama Bureau of Indian Affairs 1433 Lakeside Court, Ste# 102 River View Corporate Center Superintendent Yakima, WA 98902 16201 E Indiana Ave, Ste# 1500 ' P.O.Box 632 Spokane Valley, WA 99216 Toppenish, WA 98948 Yakama Indian Nation Johnson Meninick, Cultural Resources Yakama Indian Nation Yakima School District Program Ruth Jim Yakima Tribal Council � Dr. Jack Irion, Superintendent P.O. Box 151 P.O. Box 151 104 North 4th Ave Toppenish, WA 98948 Toppenish, WA 98948 Yakima, WA 98902 Yakima Valley Canal Co Yakima-Tieton Irrigation District Cascade Natural Gas Robert Smoot Sandra Hull 8113 W Grandridge Blvd 1640 Garretson Lane 470 Camp 4 Rd Kennewick, WA 99336 Yakima, WA 98908 Yakima, WA 98908 Ahtanum Irrigation District US Army Corps of Engineers Beth Ann Brulotte, Executive Assistant Seattle District 10705-B Gilbert Road Regulatory Branch Yakima, WA 98903 P.O. Box 3755 Seattle, WA 98124-3755 \\Apollo\Shared\Planning\Assignments-Plannning\LABELS and FORMS\SEPA REVIEWING AGENCIES _updated 7.2.18 -Form List.docx Type of Notice: N+c 0 6-ov `f' ,✓ File Number: Date of Mailing: F ,� ZZA ­­­­­ . ... ... ... In -House Distribution E-mail List Name ........ ........................ Carolyn Belles . ........... --- - --- Glenn Denman ... Joe Caruso ........ .. .. . Suzanne DeBusschere Vick DeOchoa _ ..... __ ............... Joan Davenport Division Code Administration --------------------------------- Code Administration . . . . ................. Code Administration Code Administration -­ ­­­­---­--­--------------------------------- Code Administration Community Development E-mail Address . ........ .................. Cirolvii.Belles yakimawa,gov ............................................................................. . . ........... ......... Joe Car US06)'4kit1j4cry. . ... ... ... Suzann e.DebUsschere ki mLwa w_y Vick .lei clioa(t-jiy,iakiiiiawa.g�)y Joan.D,avent)ort (ci),vakiniamra.90—V . ... . . ........... Dan Riddle ........... ........................... ........................................ Engineering ........... Dan...&iddlpf a a ca Mike Shane Engineering ---------- W7ikc. S,�Ja�ini ... ... ...... Pat Reid ........... . ...... Fire Dept Pat.Reid qngpy @y maw, Jeff Cutter Legal Dept Jcrf.Cuttcl,Lyakiniawq�.,ov ­­­­­ . ........... Sara Watkins Legal Deptas ___ ................ ................................................. y. ............. Archie Matthews .... . ...................... ONDS Archie.MattheMLs@ypkjMqwa.gov .................... Joseph Calhoun Planning Division . ..... Joseah.0tillotin((4yakiiiiaw�i, . . . . ...................... ........... Chief Rizzi ................................................... Police Department Domiiiie.Rizzirg)'y P3,q Scott Schafer ... ........ . ...... ... ..... Public Works Dept ..... ... .. Sco,ftSq1jaljqK( in a w a. ..................... Loretta Zammarchi Refuse Division .... . .. . . . .......... . T—oreii 2ammarcjii@)y k -ijLay",o Randy Layman ........... . ... . .... . . ............... Refuse Division .. Ram idy.LaYman@yakimawa,j-,,ov .................. ­.__..........­.­­ . .... ............................ Naccrn. Kara6akirnawa.Lov NaeemKara Transit Division ........................... James Dean .................................. Utilities James. V�qap@,yakLrqqzk. w �qy Dana Kallevig . .............................. Wastewater .. ......... . ........... . ........ . .. . .......... Dana . ,all evi"', aUiiawa.,rry Meloy . .. .. .. .. .. ......................... Wastewater Ranoy. Meqy(, m a. loy m.Randy For the Record/File _ . ..........................__.............w.... --- . . ........._........._......._._... Binder Copy ­­­.- . ..................................... ...........................................m..__..... Revised 04/2018 .......... - -. Type of Notice: FileNumber(s): Date of Mailing: Maxe , Lisa From: Maxey, Lisa Sent: Thursday, August 02, 2018 10:03 AM To: Belles, Carolyn; Brown, David; Calhoun, Joseph; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; DeOchoa, Vick; Desgrosellier, Bob; Ibarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Watkins, Sara; Zammarchi, Loretta; Associated Press; Bastinelli, Mike; Brown, Michael; Davido, Sean; EI Mundo; EI Sol de Yakima; Fannin, John; Hispanic Chamber of Commerce; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Noticias; 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; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; RCDR - Maria DJ Rodriguez; Reed C. Pell; Tu Decides; Tu Decides - Albert Torres; West Valley School District - Angela Watts; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic Newspaper; Yakima School District - Jack Irion; Yakima School District - Scott Izutsu; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; YPAC - Randy Beehler; Ahtanum Irrigation District - Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Agriculture; Department of Commerce (CTED) - Review Team; Department of Ecology; Department of Ecology - Lori White; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife - Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Department of Social & Health Services; Dept. Archaeology & Historic Preservation - SEPA Review; Energy Facility Site Evaluation Council - Stephen Posner; Nob Hill Water - Bob Irving; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; US Army Corps of Engineers - David Moore; WA State Parks & Recreation Commission; WSDOT - Paul Gonseth; WSDOT - South Central Regional Planning Office; WSDOT Aviation - Patrick Wright; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Nation Environmental Management Program - Elizabeth Sanchey; Yakama-Klickitat Fisheries - John Marvin; Yakima County Building Official - Harold Maclean; Yakima County Commissioners; Yakima County Flood Control District - Dianna Woods; Yakima County Flood Control District - Terry Keenhan; Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima County Planning - Zoning/Sub - Jason Earles; Yakima County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Kellie Connaughton; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Mike Shuttleworth; Yakima Valley Museum - John A. Baule; Yakima Waste Systems - Keith Kovalenko; Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Jacob Liddicoat; Leanne Hughes -Mickel; Patricia Byers; Philip Ostriem; Rob McCormick; White, Jason; William Cook (cook.w@charter.net) Cc: Crowell, Eric Subject: Notice of Application, SEPA & YPC Public Hearing - Datal Properties LLC - RZ#009-18 & SEPA#018-18 Attachments: NOTICE OF APPLICATION, SEPA & PUBLIC HEARING_Datal Properties LLC - RZ#0.... pdf Attached is a Notice of Application, SEPA Environmental Review, and Public Hearing regarding the above - entitled project. If you have any questions about this proposal, please contact assigned planner Eric Crowell at (509) 576-6736 or email toeric ..rrornr lIwC y kjrpgwA.gqy.Thank you! ®®e. INDEX 1 Lisa IMaxey Planning Specialist I City of Yakima Planning Division (509) 576-6669 — 'l ; s �1xey c,,�rgXi a ,qqV Planning Division: (509) 575-6183 129 N 2nd Street, Yakima, WA 98901 'law , Afdfd&Ik dVI II III IIIIIIIII IIII DOCO INDEX # -3 City of Yakima • • • Planning Division a Khl'6g 129 N 2ND ST. (2ND FLOOR) !0' YAKIMA, WA 98901 MDate of Noticeplatecrtl- 08I2f201II Project Name: DATAL PROPERTIES LLC R09-18 Location: 113 & 115 N 56TH AVE Proposal: Non -project rezone consisting of two parcels, totaling approximately 0.63 acres, from Single - Family Residential (R-1) to Large Convenience Center (LCC). This proposal includes a non-binding conceptual site plan for reference purposes only for a drive-thu beverage facility which is one potential land use that the property owner anticipates may be suitable for this location and is a permitted use in the LCC zoning district. A land use application has been submitted near your property, This is your notice of that application. To view information online go to: www.yakimawa.gov/public-notice and select RZ#009-18 from the list to view the land use application information. More information is available from the City of Yakima Planning Division (509) 575-6183. The staff contact is: Eric Crowell, Associate Planner (509) 576-6736 - eric.crowell@yakimawa.gov. Decisions and future notices will be sent to anyone who submits comments on this application or requests additional notice. Comments may be submitted in writing to the address above or by email to: ask.planning@yakimawa.gov - please include the file number in the email subject line. Written or emailed comments must be received by 5:00 p.m. on 08/22/2018 Public Hearing Date: 0912512018 Public hearings are scheduled to begin at 3:00 PM in the Yakima City Council Chambers of City Hall located at: 129 North Second Street, Yakima, WA 98901 This application may include multiple land use types, including compliance with the State Environmental Policy Act (SEPA). For specific information, please contact the Planning Division at (509) 575-6183. Si necesita informaci6n en espanol por favor Ilame al (509) 575-6183 Application Submitted: 07/10/2018 Application Complete: 07/31/2018 A`.A" A daily part of your life 111YAMM, A 11RALD,"1 1 i I yakima-herald.com This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA,AP Address: 129 N 2ND STREET Sta rt: YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 Fax: $270.10 Account Rep: Simon Sizer Phone # (509) 577-7740 Email: ssizer@yakimaherald. corn Ad ID: 829752 Sta rt: 08/02/18 Stop: 08/02/18 Total Cost: $270.10 Lines: 148.0 # of Inserts: 1 Ad Class: 6021 Yakima Herald -Republic 08/02/18 Doc, INDEX CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING DATE: 8/2/18; SUBJECT: Notice of Application for a Rezone and Environmental Review to rezone the subject property from R-1 to LCC; LOCATION: 113 & 115 N. 56th Ave; PAR- CEL NUMBER: 181321-42402 & -42537; APPLICANT: Hordan Planning Services, on behalf of Datal Properties LLC; FILE: RZ#009-18 & SEPA#018-18; DATE OF APPLI- CATION: 7/10/18; DATE OF COMPLETENESS: 7/31/18; PROJECT DESCRIPTION: The City of Yakima Department of Community Development has received Rezone and Environmental Review applications to rezone the subject properties from Single Family Residential (R-1) to Local Convenience Center (LCC). The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall —2nd Floor, 129 North 2nd Street, Yakima, WA; N TI E 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, pursu- ant to WAC § 197-11-926 for the review of this project. The City of Yakima has reviewed the proposed project for prob- able adverse environmental impacts and expects to issue a Determination of Nonsignificance (DNS) for this project. The Optional DNS process in WAC § 197-11-355 is being used. The proposal may include mitigation measures under appli- cable 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 deter- mination 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: Rezone. Future development of the subject property will require land use, building and environ- mental review as necessary. Required Studies: N/A; Existing Environmental Documents: 2017 Comprehensive Plan 2040 SEIS; Development Regulations for Project Mitigation and Consistency Include: State Environmental Policy Act, Yakima Urban Area Zoning Ordinance, YMC Title 12 — Development Standards, and the Yakima Urban Area Comprehensive Plan; REQUEST FOR RI E ME T;; Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. This may be your only opportunity to comment. All written comments received by 5:00 p.m. on August 22, 2018, will be considered prior to issuing the final SEPA determination on this application; NOTICE OF PUBLIC HEARING, This request requires that the Planning Commission hold an open record public hearing. The public hearing is scheduled to be held on Wednesday, September 26, 2018 beginning at 3:00 p.m., in the City of Yakima Council Chambers, City Hall, 129 N. 2nd St., Yakima, WA. Any person desiring to express their views on the matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Planning Commission will issue its recommendation within ten (10) business days; NOTICg QF R When available, a copy of the Planning Commission's recom- mendation will be mailed to parties of record and entities who were entitled to receive this notice by mail. A separate notice of the City Council public hearing will be provided. Please send any written comments for the above described project to: Joan Davenport, AICP, Community Development Director; City of Yakima, Department of Community Development; 129 N. 2nd St., Yakima, WA 98901; Please be certain to reference the file number(s) or applicant's name in your correspon- dence (RZ#009-18 & SEPA#018-18 — Datal Properties LLC). If you have questions regarding this proposal, please call Eric Crowell, Associate Planner, at (509) 576-6736, or e-mail to eric.crowell Qyakimawa.gov. (829752) August 2, 2018 Courtesy of Yakima Herald -Republic INDEX CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING DATE: 8/2/18; SUBJECT: Notice of Application for a Rezone and Environmental Review to rezone the subject property from R-1 to LCC; LOCATION: 113 & 115 N. 56th Ave; PAR- CEL NUMBER: 181321-42402 & -42537; APPLICANT: Hordan Planning Services, on behalf of Datal Properties LLC; FILE: RZ#009-18 & SEPA#018-18; DATE OF APPLI- CATION: 7/10/18; DATE OF COMPLETENESS: 7/31/18; PROJECT DESCRIPTION: The City of Yakima Department of Community Development has received Rezone and expertise and the publicthat the City of Yakima, Planning Division, has been established as the lead agency, pugs- ant to WAC § 197.11.926 for the review of this project. That City of Yakima has reviewed the proposed project for prob- able adverse environmental impacts and expects to issue e Determination of Nonsignificance, (DNS) for this project. The Optional DNS process in WAC § 197.11-355 is being used. The proposal r'noy include mitigation measures ander applk cable 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 deter- mination may be obtained by request and may be appealed prtreuant to YP'/lt § 6,88.170. Required Permits; The followinglocai, state, and federalermits/approvals mayor will be needed for this project: Rezone, Future development of the subject property will require land use, building and environ. mental review as necessary, Required Studies. N/A; Existing Environmental Documents: 2017 Comprehensive Plan 2040 " SEfS; l evelopment Regulations for Project Mitigationend Consistency Include, State Environmental Policy Act, Yakima Urban Area Zoning Ordinance, YMC Title 12 — Development Standards, and the Yakima Urban Area Comprehensive Otani, UMM099 e comments received by 5:00 p.m. on August 22, 2018, will be considered priorto issuing the final SEPA determination on this application; NQTJQE ; N j w This request requires that the Planning Commission) old an open , reoord public hearing, The public hearing is scheduled to be, held on Wednesday, September 26, 2018 oeginnin8a00 pp m„ Nn the,City of Yakima Council Chambers, City at I,129 hi, 2nd t„ Yakima, WA. Any person desiring to express their views on the matter is Invited to attend the public hearing or to submit written comments. Following the public, hearing, the Planning Commission will issue its recommendation within ten (10) business days; 1 When available, a copy of the Planning Commission's recom- mendati n will be mailed to parties of record and entities who were entitled to receive this notice by mall. A separate notice of the City Councils public, hearing will be provided, please send any written comments for the above described project to. Joan' Davenport, AN'CI? Community Development Director„ City of Yakima, Department of Community Deveidpment;129 NwN, 2nd St,„ Yakrma, WA 88901; Please be certain to r ler ace the file nrarrrmber()orapplicant anarmeinyourrorres on- dencet147#00 -18EPA#O18-1—DatalPro ,r7artiesLl "). If you have questions regarding this proposal, please call Eric Crowell, Associate Planner, at (5009) 576-6736, or e -mals to, (829752) August 2, 2018 INDE q DEP, TMENT OF COMMUNITY DEVEL� _TIENT Joan Davenport, AICP, Director Pl:tt' a ' � ¢ Nwining Divi on anning Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW, AND PUBLIC HEARING DATE: August 2, 2018 TO: Applicant and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director APPLICANT: Hordan Planning Services on behalf of Datal Properties LLC SUBJECT: Notice of Application for a Rezone and Environmental Review to rezone the subject properties from R-1 to LCC FILE NO.: RZ#009-18 & SEPA#018-18 DATE OF APPLICATION: July 10, 2018 DATE OF COMPLETE APP: July 31, 2018 TAX PARCEL NUMBER: 181321-42402 & -42537 LOCATION: 113 & 115 N. 56th Ave. NOTICE OF APPLICATION: The City of Yakima Department of Community Development has received an application from Hordan Planning Services on behalf of Datal Properties LLC to rezone the subject properties from Single -Family Residential (R-1) to Local Convenience Center (LCC). NOTICE OF ENVIRONMENTAL REVIEW: This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Planning Division has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. The City of Yakima is presently inclined towards the issuance of a Determination of Non - Significance (DNS) on this project. The optional WAC 197-11-355 is being used. 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 are needed for the proposed project: Rezone. Future development of the subject property will require land use, building permits, and environmental review as necessary. Required Studies: N/A Existing Environmental Documents: 2017 Comprehensive Plan 2040 SEIS Preliminary determination of the development regulations that will be used for project mitigation and consistency: State Environmental Policy Act, Yakima Urban Area Zoning Ordinance, YMC Title 12 — Development Standards, and the Yakima Urban Area Comprehensive Plan REQUEST FOR WRITTEN COMMENT: Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. This may be your only opportunity to comment. Yakima DOCw IN 2015 1994 All written comments received by 5:00 P.M. on August 22, 2018, will be considered prior to issuing the final SEPA determination on this application. NOTICE OF PUBLIC HEARING: This request requires that the Planning Commission hold an open record public hearing. The public hearing is scheduled to be held on Wednesday, September 26, 2018, beginning at 3:00 p.m., or soon thereafter, in the Council Chambers, City Hall, 129 N. 2nd St., Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments. Following the public hearing, the Planning Commission will issue its recommendation within ten (10) business days. A separate notice of the City Council public hearing will sent once it is scheduled. NOTICE OF RECOMMENDATION: A copy of the Planning Commission's recommendation will be mailed to parties of record and entities who were provided this notice once it is rendered. Please send any written comments for the above described project to: Joan Davenport, AICP, Director/SEPA Responsible Official City of Yakima Department of Community Development 129 N. 2nd St. Yakima, WA 98901 Please be certain to reference the file number(s) or applicant's name in your correspondence (RZ#009-18, SEPA#018-18 — Datal Properties LLC). The file containing the complete action is available for public review at the City of Yakima Planning Division. If you have questions regarding this proposal, please call Associate Planner Eric Crowell at (509) 576-6736, or e-mail to eric.crowell@yakimawa.gov. Enclosed: Narrative, SEPA Checklist, Site Plan, and Vicinity Map MANOWN i a lklklwk Plig July 31, 2018 DEF .TMENT OF COMMUNITY DEVEL MENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning FILE NUMBER: APPLICANT: APPLICANT ADDRESS: PROJECT LOCATION: TAX PARCEL NO: DATE OF REQUEST: SUBJECT: Mr. Hordan: RZ#009-18, SEPA#018-18 Hordan Planning Services 410 N. 2nd St., Yakima, WA 98901 113 & 115 N. 56th Ave. 181321-42402 & -42537 July 10, 2018 Notice of Complete Application The applications for Datal Properties' Rezone and Environmental Checklist for 113 and 115 N, 56th Ave. was received on July 10, 2018, and an updated site plan was received on July 30, 2018. As of July 31, 2017, your application is considered complete as required by the City of Yakima's Municipal Code (YMC), as referenced in YMC § 15.23.030. Continued processing of your request will include, but is not limited to, the following actions: A Notice of Application 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 20 -day comment period as is required by the City of Yakima. Notice of Application is scheduled to be issued on August 2, 2018 and the comment period will end on August 22, 2018. 2. A SEPA Threshold Determination will be issued after the comment period, which shall be at least 20 days prior to the public hearing. 3. A public hearing for your project is scheduled with the City of Yakima Planning Commission to take place in the City of Yakima Council Chambers on September 26, 2018. 4. The Planning Commission's recommendation will be forwarded to the City Council for consideration. If you have any questions regarding this matter please call me at (509) 576-6736. Sincerely, J Eric Crowell Associate Planner Yakima INDEX Y . T!r PP 111111F 2015' 1994 O' CITY OF YAKIMA , LAND USE ACTION INSTALLATION I n f r'u1 CERTIFICATE ..� File Number: Date of Posting: fhb Location of Installation (Check One): _X_ 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. ;Vote: this alternate location (if not pre -approved by the Planning ;Clanger) 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. Applicant's Signature ........... . . -11, __ ...... . . . . .Applicant's Name (Please Print) 7/:�p)i e Date Applicant's Phone Number Please remit the above certification 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 Korth 2nd Street, Yakima, WA 98901. Page -1 LITY VF YAKIMA c Revised' /' 0 17 INDEX #�j I_ 2018 COMPREHENSIVE PLAN MAP AMENDMENTS CHAPTER C WEST VALLEY NURSING HOMES INC CPA#005-18, RZ#006-18 & SEPA#008-18 C-1 Yakima Planning Commission Meeting Minutes 08/08/2012 C-2 Yakima Planning Commission Meeting Minutes 08/22/2012 C-3 City Council Public Hearing Record - CPA#006-12, RZ#006- 10/02/2012 12, & SEPA#018-12 ._................................ C-4 Resolution No. R-2012-155 - Development Agreement 12/11/2012 C-5 ....... ......................... ... Applications _.. ns for Comprehensive Plan Map Amendment (with ._ 04/30/2018 supplemental narrative) and Rezone (with narratives) - SEE .........0-6 IN DOC INDEX#C-20) SEPAEnvironmental Checklist 04/30/2018 ........ C-7 ......................................... _............................................... _...... Map Submitted with Applications 04/30/2018 C-8 .. ................. _................................... .. Vicinity Map 05/01/2018 C-9 ___..... ..................... .._.. Determination of Application Completeness 05/29/2018 C-10 ...................................... — Land Use Action Installation Certificate 06/04/2018 --.- C-11 . .......... _.......................... _. Notice of Application and Environmental Review 06/08/2018 C -11a: Postcard Notice C -11b: Parties and Agencies Notified C -11c: Affidavit of Mailing C-12 Email Comments from Tonya Robel Wetch 06/22/2018 C-13 .......... ...................... ........ .... Comment Letter from WA State Dept of Ecology 06/25/2018 C-14 Email Comments from William & Jamie Quantrell 06/26/2018 C-15 _............... ..... ........... Notice of Public Hearing, Determination of Non Significance & ......... --- _..... 07/05/2018 Revised Notice of Application C -15a: Legal Ad C -15b: Press Release & Distribution Email C -15c: Parties and Agencies Notified C -15d: Affidavit of Mailing C-16 _. .................... Comment Letter from Michael & Tonya Robel Wetch 07/16/2018 C-17 Development Services Team (DST) Comments 08/07/2018 C -17a: Nob Hill Water Comments C -17b Carolyn Belles, Permit ProjectwCoordinator C-18 Yakima Planning Commission Agenda & Distribution List 08/15/2018 C-19 _ Staff Report Su erseded b DOC INDEX#C-21 P ( P Y ) 08/22/201 8 C-20 ....w_w.-.................. _---- ......a. ...... Revised Application (memo and maps) _...__.._. 09/11/2018 C-21 .... _........ Revised Staff Report ._---- . ......... 09/26/2018 DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director 1"ianr6ng Division 'i III Joseph Calhoun, Manager o : YAKIM129 North Second Street, 2°a Floor, Yakima, WA 98901 anning ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS & RECOMMENDATION for REQUEST FOR COMPREHENSIVE PLAN AMENDMENT AND REZONE APPLICANT: APPLICANT ADDRESS: PROJECT LOCATION: PARCEL(S): DATE OF REQUEST: DATE OF RECOMMENDATION: STAFF CONTACT: Hordan Planning Services, on behalf of West Valley Nursing Homes Inc. 410 N 2nd St., Yakima, WA 98901 Vicinity of S 85th Ave and Occidental Ave. 181206-21001, -21005, -21007, -21401, -21402 April 30, 2018 August 22, 2018 (Revised September 26, 2018) Trevor Martin I. DESCRIPTION OF REQUEST: The City of Yakima Department of Community Development has received applications from Hordan Planning Services, on behalf of West Valley Nursing Homes Inc., for a Comprehensive Plan Map Amendment (CPA), Rezone, and Environmental Review of the subject property. The owner is requesting to retain the Future Land Use map designation for five parcels of Mixed Residential and zoning designation of Multi -family Residential (R-3) previously approved through CPA#006-12, RZ#006-12, and a property use and development agreement executed by City Council which limited development of the property to multi -family senior living and senior care residential facilities. The property owner no longer proposes a senior living/senior care land use and therefore proposes to vacate the property use and development agreement to allow for other multi -family uses. II. CURRENT ZONING AND LAND USE: The subject properties are approximately 20.98 acres in size and are zoned multi -family Residential (R-3). Adjacent properties to this site have the following zoning and land use characteristics: Direction Zoning Land Use North R-1 Vacant/Recreational South R-1 Residential (City Limits) East R-1 Storage/Residential/Vacant West B -2/R-1 Recreational/Golf Course Clubhouse III. PUBLIC NOTICE: Mailing of Notice of Application June 8, 2018 Public Hearing Notice Published July 5, 2018 Posting of Property June 2, 2018 IV. FINDINGS OF FACT: A. Environmental Review. Environmental Review (SEPA#008-18) was completed for this application, and a Determination of Nonsignificance (DNS) was issued on July 5, 2018. No appeals were filed. B. Comments Received Three written public comments were received. Contents of the letter can be found in the report in section E.6. History of the project: On August 8, 2012, the City of Yakima Planning Commission processed a comprehensive Plan Amendment and rezone to Approve the amendment request from Moderate Density Residential to High Density Residential to accommodate a concurrent rezone from R-2, Two-family Residential to R-3, Multi -family Residential. The City of Yakima approved the land use redesignation and rezone on October 2, 2012, with adoption of Ordinance No 2012-035 This Property Use and Development Agreement is prepared in accordance with conditions set forth in Ordinance 2012-035. West Valley Nursing Homes Inc. then entered in to a Development agreement with the City of Yakima which essentially stated that the site shall be used specifically for nursing home uses and uses that would be related and compliment a nursing facility use. Once the property was signed into a development agreement, the use of the land became restricted to the items mentioned in section C.G. The property owner would now like to remove the previous development agreement but keep the R-3 zoning standards in place to explore additional housing opportunities with the site. C. Comprehensive Plan Amendment (CPA) Approval Criteria. The Yakima Comprehensive Plan 2040, Future Land Use Map designates this area as Mixed 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. 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: (a) Address circumstances that have changed since the last time the relevant Comprehensive Plan or text was considered: Staff Response: The property owners, West Valley Nursing Home Inc., wish retain the R- 3 zoning designation, but to remove the existing development agreement from the subject property and would like to ability to explore different multi -family housing options outside of that from a nursing facility. (b) Better implement applicable Comprehensive Plan policies than the current relevant Comprehensive Plan map or text: Staff Response: The purpose of the Mixed Residential future land use designation is to provide for areas with a mixture of housing types and densities. This proposal implements the following goals and policies: YaMma bAd INDEX 2015 N„ / Goal 2.1: Establish a development pattern consistent with the Community's Vision Goal 2.3. Residential uses. Preserve and enhance the quality, character and function of Yakima's residential neighborhoods. Policy 2.3.1. Provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population. 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 is along in between a commercially zoned recreational facility and single family residential housing. This zoning provides a reasonable buffer between uses. Additionally the site is located along the Occidental and S 86th Ave corridor which are classified as Collector and Minor Arterial streets. Overall the proposal is consistent with Policy 2.2.2.8. of the 20140 Comprehensive Plan. • Is the site physically suited for the proposed designation? Yes. The site is suitable for residential development and has access to necessary utilities. • Is the desired zone one of the implementing zones of the land use designation? Yes, the subject zoning of the site is R-3. The property owner does not wish to change the existing zoning, but ratherremove the existing development agreement from the site to allow for the possibility of non -nursing facility multifamily housing. • Is the proposal a spot zone or a similar change that may create instability with the surrounding neighborhood? No, the proposal is consistent with other uses in the general vicinity. 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 2.2.2.8.: Mixed Residential location criteria —Intended for areas now characterized by, and/or appropriate for, a mixture of housing types with a close proximity to commercial services, transit access, and/or parks and other public recreational amenities. This designation often creates a transition from commercial and mixed-use areas to low density residential areas. Goal 5.1. Encourage diverse and affordable housing choices. Policy 5.4.2. Use transitional densities, design and landscape standards to ensure housing is compatible with existing character and planned goals. Policy 5.4.3. Encourage development of well-designed new housing in coordination with population growth, employment growth, and transportation goals. Goal 5.5. Foster a caring community that nurtures and supports individuals, children, and their families. (c) Correct an obvious mapping error: Staff Response: Not applicable. An obvious mapping error did not occur. (d) Address an identified deficiency in the Comprehensive Plan: Staff Response: The proposal does not address an identified deficiency in the plan, rather it is being proposed to implement the most appropriate land use designation and zoning Yakima IIIA,,, INDEX 201.5 1994 district based on the future development plans of the applicant. As noted above, the site is well-suited for residential development (e) Is the proposed CPA 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 CPA cycle for the Yakima Comprehensive Plan which the City of Yakima coordinates with adjacent jurisdictions. No comments were submitted from affected jurisdictions. (f) Proposed CPAs must be consistent with the Growth Management Act (GMA), Ch. 36.70A. RCW, and the Yakima County Wide Planning Policy (CWPP). Staff Response: This proposal is consistent with the Growth Management Act and the Yakima Countywide Planning Policy because the proposal directs urban growth to an existing urban area (within City Limits first) and encourages infill in the area where all urban level services and facilities are currently provided. The proposal reduces sprawl and is served with an adequate transportation system. This proposal also encourages economic development in the urban area and provides goods and services for the surrounding neighborhood and general Yakima Area. (g) 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 request is to release the property from the existing development agreement which states "Future development of the property shall be for a senior living and care facility, structures, and building; assisted living facilities; senior care and convalescent facilities, adult care group homes; retirement homes; caretaker dwelling; and similar residential and care facilities of any type or nature. Permitted uses shall also include accessory supporting and incidental uses for the senior living and care community including community center, restaurants, salons, parking, walkways, maintenance and storage facilities and all other similar uses reasonable or necessary to serve or care for community residents. " The development agreement does not set a minimum or maximum density that can be established on the site. The impact should be minimal because the property under consideration is not changing from the current zoning designation, therefore projected possible densities from any form of multi -family development will not change. In examining all proposals for the 2018 cycle, with this change there will be a 0 acre net gain to mixed residential property in the city limits. D. COMPREHENSIVE PLAN CONCLUSIONS: 1. The amendment is minor in nature. 2. No adverse impacts have been identified by approving this amendment request. 3. A DNS was issued for this proposal on July 5, 2018, and the 14 -day appeal period ended on July 19, 2018. No appeals were received. 4. Three public comments were received in opposition to this proposed amendment. E. REZONE APPROVAL CRITERIA In accordance with the provisions of the YMC § 15.23.030, recommendations to approve or deny proposed rezones shall include the following considerations: Yakima *kwf a a" 9111y INDEX 20115' C 199, (1) Testimony at public hearing. After consideration of any public comments received during the course of the hearing it may be appropriate for the Planning Commission to modify the staff's recommendation. Three public comments were received during the comment period. (2) The suitability of property in question for uses permitted under the proposed zoning. The property is well suited for uses listed within Table 4-1 for the R-3 zoning district. The subject site is approximately 20 acres in size, the site would adequately accommodate for all necessary parking; buildings, and any design and site requirements of those buildings; landscaping; additionally, access restrictions and requirements can be designed to best serve the site and any use that may be built on the site. (3) The recommendations from interested agencies and departments. No agencies or departments have registered any opposition to this rezone. (4) Compliance with the Comprehensive Plan. The proposed Multi -family zoning district is an implementing zone of the Mixed Residential future land use designation, and is consistent with several goals and policies, as indicated above in section IV.0 of this report. (5) The adequacy of public facilities, such as roads, sewer, water, and other required public services. This property is currently capable of being served by all public utilities necessary for the support of residential land uses. Nob Hill Water and Wastewater is available in S. 86th Ave. (6) The compatibility of the proposed zone change and associated uses with neighboring land uses. The proposed zone change is compatible with existing neighboring land uses because the subject site provides a buffer between a recreation/commercial facility and a residential neighborhood. The project also promotes the infill of existing residential land. Three written comments were received during the open public comment period. Additionally, the applicant submitted a letter on September 11, 2018, requesting a change to the submitted Comprehensive Plan Amendment and rezone. The contents of the letter and staff response can be found in the report below. The first comment is from the Washington State Department of Ecology (DOE). The DOE sent the City a letter stating "Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead and arsenic, and for organochlorine pesticides. If these contaminants are found at concentration above the Model toxics Control Act cleanup level Ecology recommends that potential buyer be notified of their occurrence." Yakima blind �IIIII" 2015INDEX C�� J994 Staff Response: Any new facility will likely be required to go through SEPA Environmental Review. Mitigation can be addressed through the project proposal land use review. The second comment was received from William & Jamie Quantrell stating "This proposed site is directly behind our property. Our property is situated in such a way that any noise from this area comes directly in to our house. We are at the base of a hill. We have had so much trouble with noise from the few houses around the proposed residential site that the noise from even more houses would be extremely irritating. We moved out here to avoid such crowds of people and noise. We would hate to have to consider the possibility of moving from our well-established property because scores of people may be moving in right next to us. Please consider our family and our quality of life as CPA#005-18 is decided upon..." Staff Response: Through the land use application process, mitigation measures to minimize noise, dust, and light pollution can be implemented before, during, and after the construction of any project that may be proposed on the site. The final comment was received from Michael & Tonya Robel Wetch which stated: 1. South 86th Avenue is a major thoroughfare for the bus garage for West Valley School District as well as the fruit trucks that are taking fruit from the fields to various warehouses. There is a significant amount of traffic on this two-lane road and it is not maintained right now. Two winters ago, we had a major washout of the road that was not repaired until almost March. We understand that there were many repairs that needed to be done, but this required people to use South 85th Avenue which has a horrible site line around the curve and is extremely narrow. We knew that the road was busy when we bought the house but if there is going to be continued development, there needs to be extensive improvements before more development happens. This needs to include widening the road, sidewalks, and streetlights. 2. We are concerned about the phrase "multi -family uses'. We would like to see something that has been done at Apple Tree surrounding our home such as the condominiums that have been recently built along Occidental. With the expensive homes in this area, there shouldn't be duplexes, triplexes, or lower quality building constructed in this area. We would like to request that the development be restricted to condominiums similar to the ones that have been built in this area rather than the quality and density of housing that is being built on Ahtanum and South 64th Avenue. 3. We would like to request that the quality of materials as well as the outside of the buildings match the quality of construction in the area. We would also like to request that there be restrictions on the color, fence style, and parking. Too often we have seen mismatched houses, materials, and fences in developments. Also, we would like to request that all cars that belong to the owners be parked in a garage and not in the driveway or on the street. This also applies to any RV or boats. We also would like to see covenants regarding the upkeep of property, green areas, and general appearance of the development. 4. We would like to request that the properties that are to be built cannot be rented or used for VRBO or AlRBNB." Staff Response: Traffic conditions can be analyzed and addressed through any form of proposed land use application filed with the City. Through a traffic impact study Yakima SII � DOC. SII UIIA INDEX 2015 1994 c -a mitigation measures can be required from the application as a condition of any new structure or use that is placed on the site. To ensure any future proposals on the site are compatible in design, the possibility of a new development agreement outlining the types of materials, deigns, and housing types to ensure consistency within the area can be created. On September 11, 2018, the Applicant submitted a supplemental letter stating "After meeting with the owner of parcel #181206-12402 (James Johnson), we are requesting a slight amendment to our application to promote compatibility between existing land uses. Based on our meeting, we would like to remove a small portion of R-1 zoning Figure 1- Map submitted with letter on September 11, 2018 Staff Response: In order for the requested action in the map above to be completed, and for the existing development agreement to be removed from the site, the property will need to go through a lot line adjustment and rezone. The site may continue with the currently requested Comprehensive Plan Amendment and Rezone, however, the existing development agreement (Ordinance No. 2012-35, Resolution No. R-2012- 155) shall stay in place until the request in the letter submitted on September 11, 2018, which consists of a rezone and lot line adjustment, is completed and all appeal periods have lapsed. (6a) What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space, traffic flow alteration, etc.? No mitigation is proposed as part of this non -project rezone request. The surrounding properties are currently in residential, recreational, or vacant uses and any needed mitigations could be required as part of regular site plan approval. (7) The public need for the proposed change. The public need for this change is related to providing additional area for multi -family development. The City of Yakima, has a serious deficiency is multi -family zoned property. The 2040 Comprehensive Plan states, "The Runstad Center for Real Estate D INDEX NIS 1994 Cal Research has noted that in 2016 that in the previous year "...Yakima County has recorded the greatest decrease in vacancy rate with a considerable drop of 5.8 percent (from 7.8% to 1.7%)." If supply does not keep up with demand, it is likely that rental rates will increase." Since this study there have been additional reports published showing Yakima's rental vacancies under 1 %. The subject site should specifically be used for housing purposes, and any other forms of potentially permitted uses within the R-3 zoning district, such as residential mini -storage, be prohibited on the site. F. REZONE CONCLUSIONS: 1. The amendment is appropriate for the area. 2. No adverse impacts have been identified by the approval of this rezone. 3. The applicant has requested a change to the submitted Comprehensive Plan Amendment and Rezone. The property shall go through a lot line adjustment and rezone, to reconfigure the property as described in section E.6 and Figure 1 in the report, before the existing development agreement is removed from the site. 4. The requested rezone implements the Mixed Residential land use designation of the Yakima Comprehensive Plan 2040. 5. The property is currently served by all necessary public utilities capable of supporting commercial land uses. V. RECOMMENDATION The Community Development Department recommends APPROVAL of this amendment request to retain the future land use designation of Mixed Residential and zoning designation of Multi- family (R-3), in addition to removing the development agreement (Ordinance No. 2012-35, Resolution No. R-2012-155) filed in 2012 limiting the types of multifamily housing appropriate for the site subject to the following conditions: Prior to the removal of the existing development agreement (Ordinance No. 2012-35, Resolution No. R-2012-155) the applicant shall apply for, and complete, a lot line adjustment and rezone. RECOMMENDATION made this 26th day of September, 2018. Yakima DOC. ITP INDEX HOS SAN PLANNING SERVICES 410 North 2"d Street, Yakima WA 98901 509-249-1919 September 11, 2018 Ms. Joan Davenport, AICP, Community Development Director Mr. Trevor Marin, Associate Planner City of Yakima, Planning Division 129 North 2"d Street 2"d Floor Yakima, Washington 98901 RE: CPA4005-18, RZ#006-18, SEPA4008-18 — West Valley Nursing Homes Inc. Dear Ms. Davenport and Mr. Martin: After meeting with the owner of Parcel Number 181206-12402 (James Johnson), we are requesting a slight amendment to our application to promote compatibility between existing land uses and future land uses. Based on our meeting, we would like to remove a small portion of R-1 zoning around the Johnson property from our application request (see attached maps). If you have any questions, please contact me at 249-1919 Sincerely, 1 L-L— Bill Hordan 18120621401 18120621402 18120621007 18120621001 YAKIMA COUNTY GEOGRAPHIC INFORMATION SERVICES Subject Properties West Valley Nursing Home, Inc. LU X _°s j - All Roads t 1 inch = 350 feet -Feet 0 60 120 240 360 460 N LA ft -r -g Copyright (C) 2018 Yakima County This map was derived from several databases. The ( € County cannot accept responsibility for any errors Therefore, there are no warranties for this product. ( t i Plot Date: 9/11/2018 18120621401 18120621402 18120621007 18120621001 YAKIMA COUNTY I GEOGRAPHIC INFORMATION SERVICES Site and Adjacent Existing Future Land Use West Valley Nursing Home, Inc. X 0 z subject properties City ofYakima Future Land Use Low Density Residential Mixed Residential Central Business Core Commercial Commercial Mixed Use Regional commercial ZA community mixed Use 18120621 Industrial Tax Lots All Roads & -FED ,IEGtilll SP r ,L%Ty OF YAKIMA 1 inch = 350 feet Feet 0 60 120 240 360 4130 AXIMP-C&M Copyright (C) 2018 Yakima County This map was derived from several databases. The EE I County cannot accept responsibility for any errors, I !� ME i Therefore, there are no warranties for this product - Plot Date: 9/11/2018 18120621401 18120621402 18120621007 18120621001 181 YAKIMA COUNTY GEOGRAPHIC INFORMATION SERVICES Proposed Future Land Use West Valley Nursing Home, Inc. UJI +Subject Properti" City of Yakima Future a U Low Density Residential Mixed Residential Central Business Core Commercial Commercial Mixed Use Regional Commercial Community Mixed Use Industrial Tax Lots - All Roads RECOV _ D SEP 11 2018 CITY YAKIMA 1 inch = 350 feet 0 60 120 240 360 480 N k A Copyright (C) 2018 Yakima County This map was derived Irom several databases. The County cannot accept responsibility for any errors. Therefore, there are no warranties for this product, Plot Date: 9/11/2018 YAKIMA COUNTY GEOGRAPHIC INFORMATION SERVICES Existing Zoning West Valley Nursing Home, Inca �S ;wt Pmpe Yak:Tnar Urban Area Zr 5R Sutlurb-- q F1-_ , , R-1 Single Family R-2 Two Family R-3 Multi -Family B-1 Professional Business B-2 Local Business HB Historical Business �,..._ SCC Small Convenience Center LCC Large Convenience Center CBD Central Business District CBD CBD Support GC General Commercial M-1 Light Industrial M-2 Heavy Industrial RD Regional Development f_ AS Airport Support Tax Lots All Roads RECEIVED SEP 1 i 2018 Cffy YAKIMA _ , rw 1 inch = 350 feet Feet 0 60 120 240 360 480 N A Y k kjp Copyright (C) 2018 Yakima County This map was derived from several databases. The C y accept r pe" ;l€s Ott any errors. T=.= e!ce , Mw: are � uarta,:. 'or this product. Plot Date: 9/11/2018 CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS & RECOMMENDATION for REQUEST FOR COMPREHENSIVE PLAN AMENDMENT AND REZONE APPLICANT: APPLICANT ADDRESS: PROJECT LOCATION: PARCEL(S): DATE OF REQUEST: DATE OF RECOMMENDATION: STAFF CONTACT: Hordan Planning Services, on behalf of West Valley Nursing Homes Inc. 410 N 2nd St., Yakima, WA 98901 Vicinity of S 85th Ave and Occidental Ave. 181206-21001, -21005, -21007, -21401, -21402 April 30, 2018 August 22, 2018 Trevor Martin I. DESCRIPTION OF REQUEST: The City of Yakima Department of Community Development has received applications from Hordan Planning Services, on behalf of West Valley Nursing Homes Inc., for a Comprehensive Plan Map Amendment (CPA), Rezone, and Environmental Review of the subject property. The owner is requesting to retain the Future Land Use map designation for five parcels of Mixed Residential and zoning designation of Multi -family Residential (R-3) previously approved through CPA#006-12, RZ#006-12, and a property use and development agreement executed by City Council which limited development of the property to multi -family senior living and senior care residential facilities. The property owner no longer proposes a senior living/senior care land use and therefore proposes to vacate the property use and development agreement to allow for other multi -family uses. II. CURRENT ZONING AND LAND USE: The subject properties are approximately 20.98 acres in size and are zoned multi -family Residential (R-3). Adjacent properties to this site have the following zoning and land use characteristics: ............................... Direction Zoning Land Use North R-1 Vacant/Recreational 1 Residential (City Limits ...South _ R ....... .. ........ ......... East R-1 Storage/Residential/Vacant West B -2/R-1 Recreational/Golf Course Clubhouse III. PUBLIC NOTICE: Mailing of Notice of Application June 8, 2018 Public Hearing Notice Published July 5, 2018 Posting of Property June 2, 2018 Pi30c. INDEX C"dL1 IV. FINDINGS OF FACT: A. Environmental Review. Environmental Review (SEPA#008-18) was completed for this application, and a Determination of Nonsignificance (DNS) was issued on July 5, 2018. No appeals were filed. B. Comments Received Three written public comments were received. Contents of the letter can be found in the report in section E.6. History of the project: On August 8, 2012, the City of Yakima Planning Commission processed a comprehensive Plan Amendment and rezone to Approve the amendment request from Moderate Density Residential to High Density Residential to accommodate a concurrent rezone from R-2, Two-family Residential to R-3, Multi -family Residential. The City of Yakima approved the land use redesignation and rezone on October 2, 2012, with adoption of Ordinance No 2012-035 This Property Use and Development Agreement is prepared in accordance with conditions set forth in Ordinance 2012-035. West Valley Nursing Homes Inc. then entered in to a Development agreement with the City of Yakima which essentially stated that the site shall be used specifically for nursing home uses and uses that would be related and compliment a nursing facility use. Once the property was signed into a development agreement, the use of the land became restricted to the items mentioned in section C.G. The property owner would now like to remove the previous development agreement but keep the R-3 zoning standards in place to explore additional housing opportunities with the site. C. Comprehensive Plan Amendment (CPA) Approval Criteria. The Yakima Comprehensive Plan 2040, Future Land Use Map designates this area as Mixed 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. 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: (a) Address circumstances that have changed since the last time the relevant Comprehensive Plan or text was considered: Staff Response: The property owners, West Valley Nursing Home Inc., wish retain the R- 3 zoning designation, but to remove the existing development agreement from the subject property and would like to ability to explore different multi -family housing options outside of that from a nursing facility. (b) Better implement applicable Comprehensive Plan policies than the current relevant Comprehensive Plan map or text: Staff Response: The purpose of the Mixed Residential future land use designation is to provide for areas with a mixture of housing types and densities. This proposal implements the following goals and policies: Yakima INDEX 9 Goal 2.1: Establish a development pattern consistent with the Community's Vision Goal 2.3. Residential uses. Preserve and enhance the quality, character and function of Yakima's residential neighborhoods. Policy 2.3.1. Provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population. 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 is along in between a commercially zoned recreational facility and single family residential housing. This zoning provides a reasonable buffer between uses. Additionally the site is located along the Occidental and S 86th Ave corridor which are classified as Collector and Minor Arterial streets. Overall the proposal is consistent with Policy 2.2.2.8. of the 20140 Comprehensive Plan. • Is the site physically suited for the proposed designation? Yes. The site is suitable for residential development and has access to necessary utilities. • Is the desired zone one of the implementing zones of the land use designation? Yes, the subject zoning of the site is R-3. The property owner does not wish to change the existing zoning, but rather remove the existing development agreement from the site to allow for the possibility of non -nursing facility multifamily housing. • Is the proposal a spot zone or a similar change that may create instability with the surrounding neighborhood? No, the proposal is consistent with other uses in the general vicinity. 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 2.2.2.8.: Mixed Residential location criteria — Intended for areas now characterized by, and/or appropriate for, a mixture of housing types with a close proximity to commercial services, transit access, and/or parks and other public recreational amenities. This designation often creates a transition from commercial and mixed-use areas to low density residential areas. Goal 5.1. Encourage diverse and affordable housing choices. Policy 5.4.2. Use transitional densities, design and landscape standards to ensure housing is compatible with existing character and planned goals. Policy 5.4.3. Encourage development of well-designed new housing in coordination with population growth, employment growth, and transportation goals. Goal 5.5. Foster a caring community that nurtures and supports individuals, children, and their families. (c) Correct an obvious mapping error: Staff Response: Not applicable. An obvious mapping error did not occur. (d) Address an identified deficiency in the Comprehensive Plan: Staff Response: The proposal does not address an identified deficiency in the plan, rather it is being proposed to implement the most appropriate land use designation and zoning Yakima Doc., z�ts INDEXW94 C-Iq district based on the future development plans of the applicant. As noted above, the site is well-suited for residential development (e) Is the proposed CPA 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 CPA cycle for the Yakima Comprehensive Plan which the City of Yakima coordinates with adjacent jurisdictions. No comments were submitted from affected jurisdictions. (f) Proposed CPAs must be consistent with the Growth Management Act (GMA), Ch. 36.70A. RCW, and the Yakima County Wide Planning Policy (CWPP). Staff Response: This proposal is consistent with the Growth Management Act and the Yakima Countywide Planning Policy because the proposal directs urban growth to an existing urban area (within City Limits first) and encourages infill in the area where all urban level services and facilities are currently provided. The proposal reduces sprawl and is served with an adequate transportation system. This proposal also encourages economic development in the urban area and provides goods and services for the surrounding neighborhood and general Yakima Area. (g) 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 request is to release the property from the existing development agreement which states "Future development of the property shall be for a senior living and care facility, structures, and building; assisted living facilities; senior care and convalescent facilities, adult care group homes; retirement homes; caretaker dwelling; and similar residential and care facilities of any type or nature. Permitted uses shall also include accessory supporting and incidental uses for the senior living and care community including community center, restaurants, salons, parking, walkways, maintenance and storage facilities and all other similar uses reasonable or necessary to serve or care for community residents. " The development agreement does not set a minimum or maximum density that can be established on the site. The impact should be minimal because the property under consideration is not changing from the current zoning designation, therefore projected possible densities from any form of multi -family development will not change. In examining all proposals for the 2018 cycle, with this change there will be a 0 acre net gain to mixed residential property in the city limits. D. COMPREHENSIVE PLAN CONCLUSIONS: 1. The amendment is minor in nature. 2. No adverse impacts have been identified by approving this amendment request. 3. A DNS was issued for this proposal on July 5, 2018, and the 14 -day appeal period ended on July 19, 2018. No appeals were received. 4. Three public comments were received in opposition to this proposed amendment. E. REZONE APPROVAL CRITERIA In accordance with the provisions of the YMC § 15.23.030, recommendations to approve or deny proposed rezones shall include the following considerations: Yakima AftC" 2015 INDEX 1994 (1) Testimony at public hearing. After consideration of any public comments received during the course of the hearing it may be appropriate for the Planning Commission to modify the staff's recommendation. Three public comments were received during the comment period. (2) The suitability of property in question for uses permitted under the proposed zoning. The property is well suited for uses listed within Table 4-1 for the R-3 zoning district. The subject site is approximately 20 acres in size, the site would adequately accommodate for all necessary parking; buildings, and any design and site requirements of those buildings; landscaping; additionally, access restrictions and requirements can be designed to best serve the site and any use that may be built on the site. (3) The recommendations from interested agencies and departments. No agencies or departments have registered any opposition to this rezone, (4) Compliance with the Comprehensive Plan. The proposed Multi -family zoning district is an implementing zone of the Mixed Residential future land use designation, and is consistent with several goals and policies, as indicated above in section IV.0 of this report. (5) The adequacy of public facilities, such as roads, sewer, water, and other required public services. This property is currently capable of being served by all public utilities necessary for the support of residential land uses. Nob Hill Water and Wastewater is available in S. 86th Ave. (6) The compatibility of the proposed zone change and associated uses with neighboring land uses. The proposed zone change is compatible with existing neighboring land uses because the subject site provides a buffer between a recreation/commercial facility and a residential neighborhood. The project also promotes the infill of existing residential land. Three written comments were received during the open public comment period. The first comment is from the Washington State Department of Ecology (DOE). The DOE sent the City a letter stating "Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead and arsenic, and for organochlorine pesticides. If these contaminants are found at concentration above the Model toxics Control Act cleanup level Ecology recommends that potential buyer be notified of their occurrence." Staff Response: Any new facility will likely be required to go through SEPA Environmental Review. Mitigation can be addressed through the project proposal land use review. The second comment was received from William & Jamie Quantrell stating "This proposed site is directly behind our property. Our property is situated in such a way that any noise from this area comes directly in to our house. We are at the base of a hill. We have had so much trouble with noise from the few houses around the proposed residential site that the noise from even more houses would be extremely irritating. We moved out here to avoid such crowds of people and noise. We would hate to have to consider the possibility of moving from our well-established property because scores of people may be moving in right next to us. Please consider our family and our quality of life as CPA#005-18 is decided upon..." Staff Response: Through the land use application process, mitigation measures to minimize noise, dust, and light pollution can be implemented before, during, and after the construction of any project that may be proposed on the site. The final comment was received from Michael & Tonya Robel Wetch which stated: "1. South 86th Avenue is a major thoroughfare for the bus garage for West Valley School District as well as the fruit trucks that are taking fruit from the fields to various warehouses. There is a significant amount of traffic on this two-lane road and it is not maintained right now. Two winters ago, we had a major washout of the road that was not repaired until almost March. We understand that there were many repairs that needed to be done, but this required people to use South 85th Avenue which has a horrible site line around the curve and is extremely narrow. We knew that the road was busy when we bought the house but if there is going to be continued development, there needs to be extensive improvements before more development happens. This needs to include widening the road, sidewalks, and streetlights. 2. We are concerned about the phrase "multi -family uses'. We would like to see something that has been done at Apple Tree surrounding our home such as the condominiums that have been recently built along Occidental. With the expensive homes in this area, there shouldn't be duplexes, triplexes, or lower quality building constructed in this area. We would like to request that the development be restricted to condominiums similar to the ones that have been built in this area rather than the quality and density of housing that is being built on Ahtanum and South 64th Avenue. 3. We would like to request that the quality of materials as well as the outside of the buildings match the quality of construction in the area. We would also like to request that there be restrictions on the color, fence style, and parking. Too often we have seen mismatched houses, materials, and fences in developments. Also, we would like to request that all cars that belong to the owners be parked in a garage and not in the driveway or on the street. This also applies to any RV or boats. We also would like to see covenants regarding the upkeep of property, green areas, and general appearance of the development. 4. We would like to request that the properties that are to be built cannot be rented or used for VRBO or AIRBNB." Staff Response: Traffic conditions can be analyzed and addressed through any form of proposed land use application filed with the City. Through a traffic impact study mitigation measures can be required from the application as a condition of any new structure or use that is placed on the site. Yakima ift"Abi 0.� MRP D11 0C. 2015 To ensure any future proposals on the site are compatible in design, the possibility of a new development agreement outlining the types of materials, deigns, and housing types to ensure consistency within the area can be created. (6a) What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space, traffic flow alteration, etc.? No mitigation is proposed as part of this non -project rezone request. The surrounding properties are currently in residential, recreational, or vacant uses and any needed mitigations could be required as part of regular site plan approval. (7) The public need for the proposed change. The public need for this change is related to providing additional area for multi -family development. The City of Yakima, has a serious deficiency is multi -family zoned property. The 2040 Comprehensive Plan states, "The Runstad Center for Real Estate Research has noted that in 2016 that in the previous year "...Yakima County has recorded the greatest decrease in vacancy rate with a considerable drop of 5.8 percent (from 7.8% to 1.7%)." If supply does not keep up with demand, it is likely that rental rates will increase." Since this study there have been additional reports published showing Yakima's rental vacancies under 1%. The subject site should specifically be used for housing purposes, and any other forms of potentially permitted uses within the R-3 zoning district, such as residential mini -storage, be prohibited on the site. F. REZONE CONCLUSIONS: 1. The amendment is appropriate for the area. 2. No adverse impacts have been identified by the approval of this rezone. 3. The requested rezone implements the Mixed Residential land use designation of the Yakima Comprehensive Plan 2040. 4. The property is currently served by all necessary public utilities capable of supporting commercial land uses. V. RECOMMENDATION The Community Development Department recommends APPROVAL of this amendment request to retain the future land use designation of Mixed Residential and zoning designation of Multi- family (R-3), in addition to removing the development agreement (Ordinance No. 2012-35, Resolution No. R-2012-155) filed in 2012 limiting the types of multifamily housing appropriate for the site. RECOMMENDATION made this 22nd day of August, 2018.. DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director a n irig Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday August 22, 2018 3:00 p.m. - 5:00 p.m. YPC Members: Chairwoman Patricia Byers, Vice -Chair Al Rose, Bill Cook, Jacob Liddicoat, Robert McCormick, Leanne Hughes -Mickel, and Philip Ostriem Council Liaison: Jason White City Planning Staff: Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager); Eric Crowell (Associate Planner); Trevor Martin (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Planning Specialist) °'11V I S i ^ D* AGENDA I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of August 8, 2018 VI. Public Hearings: 2018 Comprehensive Plan Map Amendments A. WILLIAM ALMON (CPA#003-18, RZ#004-18, SEPA#006-18) 1104 S 481h Ave B. RIVERPOINTE LANDING LLC/ WESTTOWNE LLC (CPA#004-18, RZ#005-18, SEPA#007-18) 1429,1431, & 1439 N 161h Ave C. WEST VALLEY NURSING HOMES INC (CPA#005-18, RZ#006-18, SEPA#008-18) Vicinity of S 85th Ave & Occidental Rd D. ISRAEL ZARAGOZA (CPA#006-18, RZ#007-18, SEPA#009-18) 1317 S 7th St VII. Study Session: Hotel/Motel & Extended Stay Hotel/Motel Uses & Definitions VIII. Other Business IX. Adjourn Next Meeting. September 12, 2018 vnW . m �I�QuA ITA C _1 YPC Staff Report & Packet Distribution List West Valley Nursing Homes Inc CPA#005-18, RZ#006-18 & SEPA#008-18 YPC PACKET: Patricia Byers com Rob McCormick rob rTiccormickair,cet,iter,,coni, Philip Ostriem Philipostriem mail.com AGENDA & STAFF REPORT ONLY: West Valley Nursing Homes Inc 3801 Summitview Ave Yakima, WA 98902 Al Rose �1tylbL4Q@ inii,net L_ Jake Liddicoat eke 2jdVakima.com Horclan Planning Services 410 N 2nd St Yakima, WA 98901 ,L!�)s410 (�west�offjrqnet Date Distributed: 8 h 5 Ag Bill Cook .Cook.w La)L�artqLnet Leanne Hughes -Mickel leanne.micke �Ime_�com DOC. INDEX # C-1, IME ST COMMENTS Project Name: West Valley Nursing Homes Inc File Number: CPA#005-18, RZ#006-18 & SEPA#008-18 Note Code, 'r COMMENTS 1W 0,:odentM fid' r c r ms end CPA prRiect (::, r n0*.,M so 02118 address aken wa gov File Number: CPA#005-18, RZ#006-18 & SEPA#008-18 Noto Type Mcft Code, Text Created By lBegin Date DST COMMENTS DEFCNIMS ON W04AT DEVE1.1.)PMENT M.1 83IRSTEN-FORDO'SMUMS BECOME, DUE TO BEING, BETWEEN TWO @YAK,1MAwk,4 PRESSURE ZONES WIE MLL NEED rO SEE OV WHAT IS BEING hNISTALLEDAND VA -MT MLL NEED TO BE DONE. DOC. INIDEX #- C -A 7 CL- City of Yakima Development Services Team Request For Comments August 1, 2018 To: City of Yakima Development Services Team From: Trevor Martin, Associate Planner SuNect: Request for Comments Applicant: Hordan Planning Services / West Valley Nursing Homes File Number: CPA#005-18/RZ#006-18/SEPA#008-18 Location; Vicinity of S 85th & Occidental Rd Parcel Number(s):181206-21001, -21005, -21007, -21401, -21402 DST MEETING DATE: 817/2018 Proposal Retain the Future Land Use map designation for five parcels of Mixed Residential and zoning designation of Multi -family Residential (R-3) previously approved through CPA#006-12, RZ#006-12, and a property use and development agreement executed by City Council which limited development of the property to multi -family senior living and senior care residential facilities. The property owner no longer proposes a senior living/senior care land use and therefore proposes to vacate the property use and development agreement to allow for other multi -family uses. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held Aust �8� at 2°00 Vim„ As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is trevor.martin@yakimawa.gov and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6162. Comments: i Contact Person Department/Agency City of Yakima Planning Division 129 North 2nd Street Yakima, WA 98902 Dear Planning Commission, RECEIVED L1j CITE OF YAKIMA My husband and I wanted to let you know of our concerns about the proposed development on South 85th and Occidental. We bought our 'forever home' at 2401 South 86th Avenue in 2012. We love living right next to Apple Tree Golf Course and enjoy our beautiful views of the clubhouse and the first hole. We also appreciate the quality of construction as well as the beautiful landscaping that Apple Tree has done surrounding our home. With that said, these are some of our concerns and requests. South 86th Avenue is a major thoroughfare for the bus garage for West Valley School District as well as the fruit trucks that are taking fruit from the fields to various warehouses. There is a significant amount of traffic on this two-lane road and it is not maintained right now. Two winters ago, we had a major washout of the road that was not repaired until almost March. We understand that there were many repairs that needed to be done, but this required people to use South 85th Avenue which has a horrible siteline around the curve and is extremely narrow. We knew that the road was busy when we bought the house but if there is going to be continued development, there needs to be extensive improvements before more development happens. This needs to include widening the road, sidewalks, and streetlights. 2. We are concerned about the phrase "multi -family uses'. We would like to see something that has been done at Apple Tree surrounding our home such as the condominiums that have been recently built along Occidental. With the expensive homes in this area, there shouldn't be duplexes, triplexes, or lower quality building constructed in this area. We would like to request that the development be restricted to condominiums similar to the ones that have been built in this area rather than the quality and density of housing that is being built on Ahtanum and South 64th Avenue. 3. We would like to request that the quality of materials as well as the outside of the buildings match the quality of construction in the area. We would also like to request that there be restrictions on the color, fence style, and parking. Too often we have seen mismatched houses, materials, and fences in developments. Also, we would like to request that all cars that belong to the owners be parked in a garage and not in the driveway or on the street. This also applies to any RV or boats. We also would like to see covenants regarding the upkeep of property, green areas, and general appearance of the development. 4. We would like to request that the properties that are to be built cannot be rented or used for VRBO or AIRBNB. Thank you for your time and consideration in this matter. It might seem a demanding list, but we saved a long time and embarked on a long search to find a house that we loved that we could raise our children in. We are both Yakima born and raised and I come from a farming family so I appreciate the open land that has been around us as well as the orchards. I also understand that fruit needs to be transported, but with additional construction in this area, there needs to be major road and lighting improvements. South 86th is extremely dangerous in the winter and we have seen people slide off of South 85th Avenue into the empty field when the roads are snowy and icy. We want the developments in the area to keep in line with the beautiful construction and quality of housing that surrounds us right now. We are blessed to live next to such a beautiful golf course and the area needs to be maintained as a quality area to develop, build, and live. Please keep our thoughts and concerns in mind when moving forward with this project. Sincerely, Michael A. and Tonya Robel Wetch, M.Ed, RECEIVED JUL1 v 2018 CITY OF YAKIMA IP A;NIXEa9 DIV. DOC. INDEX # C—lfO AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: CPA#005-18, RZ#006-18, & SEPA#008-18 West Valles Nursing Homes Inc Vic. of S 851h Ave & Occidental Rd 1, Lisa Maxey, as an employee of the Yakima City Planning Division, have ReOSed dispatched through the United States Mails, a Notice of Public Hearing and '1WJi&h0"LJ DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, 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 the 5th day of JgIL 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. z4 icpl;� Lisa. Maxey Planning Specialist DOC. INDEX # c - I5 17120114013 18120622009 18133143403 APPLE TREE PARTNERSHIP APP E,TREE PARTNERSHIP APPLE TREE RESORT DEVELOPMENT CO 8804 OCCIDENTAL RD 8804 OCI ENTAL R 2550 BORTON RD YAKIMA 903 YAKIMA, WA 98903 YAKIMA, WA 98903 18133143404 18133143405 18133144002 APPL"E"T° E RESORT DEVELOPMENT CO APPLE- EE RESORT DEVEiL�JpMENT CO AT PROPERTIES LLC 2550 RTO "` 2550 BO "f' 2550 BORTON RD YAKIM 9890r 'Y60 NACUC,03 YAKIMA, WA 98903 18120613400 18120621001 18120621005 WEST VALLEY NURSING HOMES INC WE'D ALLEY NURSING, TOMES INC WtST-V ALLEY NURSING HOMES INC 3801 SUMMITVIEW AVE 3801 SU q� W -AVE 3801 SU"A98 EW -AVE YAKIMA, WA 98902 YAK , A 98 0 YA .�m ...................................... ........... ._..... _._. ....... 18120621007 18120621401 18120621402 W VALLEZ�MY NURSING HOMES INC WE LSUMLEY NURSING -HOMES INC WEST VA ,&X NURSL ,G.HOIMES INC YAKIMA �IEWA;E�-,�wµ�'" X80 MA WA IEW AVE 3AKIMA WA 98902 AVE 3801 S Su 480 18120624402 .......................... 18 0624404 ........._................. .18120624407 ........_ WE LLEY NURSING OMES INC WES LLEY NURSIN HOMES INC WEST"' Y NUI NG.. -HOMES INC 3801 SUM AVE 3801 SU W AVE 3801 WAVE A, WA 98� A, WA 989 R IMA, WA 98902 _._._ ........................... _.................................................... ...... -................ 18120624409 18133143003 18120624406 WEST" EYNURS .G 'ES INC ANDREW C & ERIN M HULL EDWARD A OPSAHL 3801S EW AVE 8407 OCCIDENTAL RD 8413 OAK AVE IMA, WA 989 YAKIMA, WA 98903 YAKIMA, WA 98903 ._....... . _............� .�.................. 18120612412 18120622002 18120613429 GILBERT E & MICHAEL DALE KNOTTS HELEN E TYLER JAMES M & WENDY R LONG 321 N 84TH AVE 6 N 6TH ST APT 905 2402 S 81ST AVE YAKIMA, WA 98908 YAKIMA, WA 98901 YAKIMA, WA 98903 18120612402 18120624512 18120624513 JAMES P JOHNSON JOHN W & JENNIFER L HULL JOHN JENNIFER L HULL 8210 OCCIDENTAL RD 9705 RIDGEWAY RD 9705 RIDG Y.. YAKIMA, WA 98903 YAKIMA, WA 98903 A WA 989 ................ w .......... _................. ........ ...... 18120612404 18120612405 18120613422 LESLIE P HEIMGARTNER LESLIE P EIMGARTNER MARLENE R VESEK 119 S 6TH ST 119S 6TH 2403 S 81ST AVE MONTESANO, WA 98563 MSI 8563 YAKIMA, WA 98903 18120624511 18120613430 �ITmmmmITITITITIT mmmm ... mmmmm18120613401 MICHAEL A & TONYA R WETCH RUBEN DIAZ TALB T TAYLOR 2401 S 86TH AVE 2404 S 81ST AVE 24 W VE YAKIMA, WA 98903 YAKIMA, WA 98903 UNION GAP, 03 # C-� 181ZO y13403 TALBERT'YLOR 2410S83RD � YAI , A 989 3 18120624508 TALBE"ILLIAM TAYLOR 2410 S 83R �qV " YA 36 Total Parcels - West Valley Nursing Homes Inc - CPA#005-18, RZ#006-18 & SEPA#008-18 18120624410 TALBERT & SHIRLEY TAYLOR 2410 S 83RD AVE UNION GAP, WA 98903 18120624400 WILLIAM M & ROBIN STEWART 2407 S 86TH AVE YAKIMA, WA 98903 III 18120624405 WILLIAM T & JAMIE L QUANTRELL 8415 OAK AVE YAKIMA, WA 98903 DOC. INDEX CI c.......--__--..-_ Ahtanum Irrigation District Chamber of Commerce Department of Agriculture Kelly McLain Beth Ann Brulotte, Executive Assistant 10 North 9th Street PO Box 42560 10705-B Gilbert Road Yakima, WA 98901 Olympia, WA 98504 Yakima, WA 98903-9203 g,hamber@yAjm z org, kmctlain air w ggy bethi2.,�4htarau _rw�:, Dept of Archaeology & Historic Preservation Department of Commerce Department of Ecology Greg Griffith or Gretchen Kaehler, Deputy State Growth Management Services Annie Szvetecz, SEPA Policy Lead Historic Preservation Officer P.O. Box 42525 P.O. Box 47703 P.O. Box 48343 Olympia WA 98504 2525 Olympia, WA 98504-7703 Olympia, WA 98504-8343 re yu%ecN r11 4d7rn n9 CCti % 'y sep9mmiew &cy,wwva boy cepa h wingp , _oy S d71pN6110. grky (q N_nrhito tsc'y W#.g y Department of Ecology Department of Fish and Wildlife Department of Fish and Wildlife Gwen Clear, Regional Coordinator ErB Eric artrand SEPA Desk 1250 West Alder Street South 24th Ave 1701 Sou PO Box 43200 Union Gap, WA 98903 Yakima, WA 98902 Olympia, WA 98504 tmasep_ sorr on k2r r y w � _ gttiu, SEV Ad_ dfw a. v Stat b Wvr ro df wva _k Department of Health Department of Natural Resources Department of Social & Health Services Kelly Cooper SEPA Center Terri Sinclair-Olson PO Box 47820 PO Box 47015 Operations Support and Services Division Olympia, WA 98504 Olympia, WA 98504 P.O. Box 45848 K—Pi' tpraep r@AQ!'.wa.K0_v sr^p ,ceorterm w+ra.,ggy Olympia, WA 98504 a sY$a ^r{]L'Ltl br ntS,qy Energy Facility Site Evaluation Council -EFSEC Engineering Division Nob Hill Water Association Stephen Posner, SEPA Officer Bob Degrosellier and Brett Sheffield, City Bob Irving, Engineering Technician PO Box 43172 Engineer 129 N 2nd Street 6111 Tieton Drive Olympia, WA 98504-3172 Yakima,._.._ Yakima, WA 98908 s osar ,„ 7ut w ,rd aw p d.anaw„katlW i8 yokpo a g qy bo nobhitldwater„s r8' .. ..... _.. Office of Rural and Farm Worker Housing Parks & Recreation Commission US Army Corps of Engineers Marty Miller Jessica Logan Seattle District 1400 Summitview Ave, Ste# 203 PO Box 42560 Regulatory Branch Yakima, WA 98902 Olympia, WA 98504 P.O. Box 3755 Mart as d9 aaaflda.or' Ressir-a ggi-w :perks Wyk. qsy Seattle WA 98124-3755 . day rt9 irrzpore@gtscrrersyroardp Wastewater Division West Valley School District WSDOT Marc Cawley or Dana Kallevig Angela Watts, Asst. Supt. Of Business & Paul Gonseth, Planning Engineer 2220 East Viola Ave Operations 2809 Rudkin Road Yakima, WA 98901 8902 Zier Road Union Gap, WA 98903 mark c t yte�yk'dmawarsu Yakima, WA 98908-9299 grJnse,tipd?wstl'.rc'.,gsv, dans _ a8 c_yig�7ya Bmawa.:,ga,y watt,§#0R vsd2tJ8 om WSDOT WSDOT, Aviation Division Yakama Bureau of Indian Affairs South Central Regionl Planning Office Patrick Wright Rocco Clark, Environmental Coordinator LCPtlannn8x w'ot wagrpv 7702 Terminal St SW P.O. Box 632 Tumwater, WA 98501 Toppenish, WA 98948 WV r g tf? ca st,ot av a ffray; (Rocco clarrk@k�i'a.ggLy Yakama Nation Environmental Mgmt Program Yakama-Klickitat Fisheries Project Yakima Air Terminal Elizabeth Sanchey, Environmental Review John Marvin Robert Peterson, Airport Asst Manager Coordinator 760 Pence Road 2400 West Washington Ave P.O. Box 151 Yakima, WA 98909 Yakima, WA 98903 Toppenish, WA 98948 jaarvjrkcb g cpn rabPeC_.ga;ersrrroA'tykacmyu'a a s a nc Na�1!�a cr�a, cr�srt . .. __........ __............................................................ ... Yakima County Health District .-...-.__....._ _... Yakima County Flood Control District Yakima County Commissioners Ryan Ibach, Director of Environmental Health Terry Keenhan & Dianna Woods oax�radssners aabcrc2' akinra wa us 1210 Ahtanum Ridge Dr Ste#200 128 North 2^d Street, 4�^ Floor Union Gap WA 98903” Yakima WA 98901 wa �_e y KeerrFaan akunaa wa a - us )ianng '�' ggOs car akwrn�a w Y . � arr�i,bacRa7a�er�yaakNn��=a�,�.asn.� I � - Yakima County Planning Yakima County Public Services _ Lynn Detrick & Jason Earles Vern Redifer, Public Services Director Yakima Greenway Foundation 128 North 2nd Street, 4th Floor 128 North 2nd Street, 4th Floor h_._'_'____.._..... Kellie Connau g ton, Executive Direct Yakima, WA 98901 Yakima, WA 98901 111 South 18th Street 1 ynrr ;7s itri ky a�tt.-1aknma vu'4., z fedifigr@gip Y lima. wa.,us ersr,.. Yakima, WA 98901 Jason Ear,llKskr -Y q za_r. a_ s . .... _ _ keNl�e y n.d sdr r e_nwa rg Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Planning Supervisor 329 North 1st Street Yakima, WA 98901 h-alan @yLLa a --OM Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 Yakima School District Scott Izutsu , Associate Superintendent 104 N 411 Ave Yakima, WA 98902 �-zu t sm-.-Sco Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 kt- k astecon nections.corn Yakima Valley Conference of Governments Mike Shuttleworth, Planning Manager 311 North 4th Street, Ste# 202 Yakima, WA 98901 Mike.5huttlewaq "TIS C' Century Link Manager 8 South 2nd Ave, Rm#304 Yakima, WA 98902 Department of Agriculture Kelly McLain P.O. Box 42560 Olympia, WA 98504 Federal Aviation Administration, Seattle Airports District Office Cayla Morgan, Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 Soil Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, WA 98902 WA State Attorney General's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 Yakama Indian Nation Johnson Meninick, Cultural Resources Program P.O. Box 151 Toppenish, WA 98948 Yakima Valley Canal Co Robert Smoot 1640 Garretson Lane Yakima, WA 98908 Ahtanum Irrigation District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Yakima, WA 98903 Charter Communications City of Union Gap Kevin Chilcote Dennis Henne, Development Director 1005 North 16th Ave P.O. Box 3008 Yakima, WA 98902 Union Gap, WA 98903 Environmental Protection Agency Federal Aviation Administration NEPA Review Unit 2200 W. Washington Ave 1200 6th Ave #900 Yakima, WA 98903 Seattle, WA 98101 Governor's Office of Indian Affairs Pacific Power PO Box 40909 Mike Paulson Olympia, WA 98504 500 North Keys Rd Yakima, WA 98901 Trolleys United States Postal Service Paul Edmondson Maintenance Deptartment 313 North 3rd Street 205 W Washington Ave Yakima, WA 98901 Yakima, WA 98903 Eastern Drinking Water operations Yakama Bureau of Indian Affairs River View Corporate Center Superintendent 16201 E Indiana Ave, Ste# 1500 P.O. Box 632 Spokane Valley, WA 99216 Toppenish, WA 98948 Yakama Indian Nation Yakima School District Ruth Jim, Yakima Tribal Council Dr. Jack Irion, Superintendent P.O. Box 151 104 North 4th Ave Toppenish, WA 98948 Yakima, WA 98902 Yakima-Tieton Irrigation District Cascade Natural Gas Sandra Hull 8113 W Grandridge Blvd 470 Camp 4 Rd Kennewick, WA 99336 Yakima, WA 98908 US Army Corps of Engineers Seattle District Regulatory Branch P.O. Box 3755 Seattle, WA 98124-3755 \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING Type of Notice: Date of Mailing: publ Parties of Record — West v alley Nursing Homes Inc — CPA#005-1 zs, RZ#006-18, SEPA#008-18 Department mentof Commerce Hordan Planning Services West Valley Nursing Homes Inc rv?.t«I,(.�?ll�t:� �_. g� 410 N 2"d St 3801 Summitview Ave Yakima, WA 98901 Yakima, WA 98902 ........_ William &Jamie uantrell Q To.. ...... nya Robel Wetch _. ._. .............�_- 8415 Oak Ave 201 S 86' Ave Yakima, WA 98903 Yakima, WA 98903 gigl t is. )1 )h9 ilai,1 coin Ie N��r t�l� � r1���1,6 Cpl _.. .. � In -House Distribution io n ............ _........._ E-mail List Name Division �..._ E-mail Ad... .......... ...... dress Carol n Bellesmm mm Y Code Admmistr _ ...... � ation " ...... �atatlyr�c"�is��z,�yal��Ila,awv�Igor� Glenn Denman Code Administration y ___....ww Cri„� lrrrrr zn amnawa Dov _... Joe Caruso ....... Code Adminis...... trationJc ,_C r�I tt y�I Jill 'goy _. Suzanne DeBusschere W ... .. Code Administration .... ... u ^ z.aniie Dcbtissr�11, �L r ygkin�11W _gi Vick DeOchoa� ........... Code Administration __......� Vick 1JeOchoairryakimara gcmry Joan Davenport p –Ie—"-, � Community De •ty velopment ..��......... Jo P 1:)��w tal .rt&'akj�naNapw .l o . 4 P-0 _.1A'g'qv Dan Ri. "_.� ... D a n R i id ddle ....” _' _ ._....•'akj1'naN% E n —gi n e er""i n' g-_' — -------- Engineering ��art,r l �raly'l��a°taaw�,glay Mike Shane.......... . �._...._ .... _ ....�_� Engineering _ ......� ..... Milo hanlw: k' 4",4„, _......_ Pat Reid Fire Det p a Re_ _ _.... I at id �a�yakLgL a_ v Jeff Cutter Legal Dept g p Jg1°:Curtter r"i7yakw,av� gc�v Sara Watkins _ Legal Dept Sara.Wat nvs@yak' tt a a Dov. "'.... Arcc� hie Matthee ws ..---- _.... ONDS,e attll_ —ski)y n�"avty Joseph Calhoun p ..� _ g.. Planning Division�.,., ..... .bosh CalhoU1Q&,y a"gray .... .._... di ief Rizzi .... ....... � Police Department P Jos����rc lira gal �kNrl�aavwa, mov _ _.... � `. y'_ _ Scott Schafer....... ��.... t Public Works Dep..�ITIT t _.. g �����' ��la�amtr ��ay�kmawa.��v Loretta Zammammm.. rchi Refuse Division ........ ......... F0 I;t� _.. R........ andy Layman _ Refuse Divi—si.-o-��.n.—'-� _.. ......... Ran ayna� yak�rxlav�a gav m ....... Naeem Kara Transit Division --------WWW ...... N Aar liar"Itc yI a tawa gqy an James DeIT.......... ...Utilities ...... ....... �......�.. �_..... ...� .. n....... Jam s m17Ian )ygk t;Il Ny ggy Dana Kallevig _....N .. ..._ Wastewater Dana� MIy_i aaini wa.gpy Randy Meloy Wastewater Randy f' e1loy@ya1 tiagma,va guv For the File Revised 04/2018 Type of Notice: File Number:Q175�IZ` Date of Mailing: D, m;o -I5c Maxey, Lisa From: Maxey, Lisa Sent: Thursday, July 05, 2018 10:27 AM To: 'Department of Commerce (CTED) - Review Team'; Belles, Carolyn; Brown, David; Calhoun, Joseph; Caruso, Joe; Cutter, Jeff, Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; DeOchoa, Vick; Desgrosellier, Bob; Ibarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Watkins, Sara; Zammarchi, Loretta; Ahtanum Irrigation District - Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Agriculture; Department of Commerce (CTED) - Review Team; Department of Ecology; Department of Ecology - Lori White; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife - Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Department of Social & Health Services; Dept. Archaeology & Historic Preservation - SEPA Review; Energy Facility Site Evaluation Council - Stephen Posner; Nob Hill Water - Bob Irving; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; Scott Izutsu - Yakima School District; US Army Corps of Engineers - David Moore; WA State Parks & Recreation Commission; West Valley School District - Angela Watts; WSDOT - Paul Gonseth; WSDOT - South Central Regional Planning Office; WSDOT Aviation - Patrick Wright; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Nation Environmental Management Program - Elizabeth Sanchey; Yakama-Klickitat Fisheries - John Marvin; Yakima County Building Official - Harold Maclean; Yakima County Commissioners; Yakima County Flood Control District - Dianna Woods; Yakima County Flood Control District - Terry Keenhan; Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima County Planning - Zoning/Sub - Jason Earles; Yakima County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Kellie Connaughton; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Mike Shuttleworth; Yakima Valley Museum - John A. Baule; Yakima Waste Systems - Keith Kovalenko; Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Jacob Liddicoat; Leanne Hughes -Mickel; Patricia Byers; Philip Ostriem; Rob McCormick; White, Jason; William Cook (cook.w@charter.net); Associated Press; Bastinelli, Mike; Brown, Michael; Davido, Sean; EI Mundo; EI Sol de Yakima; Fannin, John; Hispanic Chamber of Commerce; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Noticias; 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; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; RCDR - Maria D1 Rodriguez; Reed C. Pell; Tu Decides; Tu Decides - Albert Torres; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic Newspaper; Yakima School District - Jack Irion; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; Beehler, Randy Cc: Martin, Trevor Subject: Notice of YPC Public Hearing, Revised Notice of Application & DNS - West Valley Nursing Homes Inc - CPA#005-18, RZ#006-18 & SEPA#008-18 Attachments: NOTICE OF PUBLIC HEARING, REVISED APPLICATION & DNS - West Valley Nursin.... pdf Attached is a Notice of Yakima Planning Commission Public Hearing, Revised Notice of Application, and Determination of Non -Significance (DNS) regarding the above -entitled project. If you have any questions about this proposal, please Conta L- issigned planner Trevor Martin at (509, `/` 5-6162 or email to: tr v r.r_rn rtjn y@Rim a g wr. Thank you! III ,,,iii Maxey Planning Specialist I City of Yakima Planning Division (509) 576-6669as n,x,y'y„rnasmm.g,v, Planning Division: (509) 575-6183 129 N 2nd Street, Yakima, WA 98901 C-15 � 'YikJ(,1MA,f A, L, A daily part of your life,ti,; Mi EPt,J1!,L1C 6140; yakinia-Feral d.coln This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes .......... batti'- 1117°02/'18 Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA,AP Address: 129 N 2ND STREET Stop: YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 Fax: 228.0 Account Rep: Sullon'tiizea° Phone # (509) 577-7740 Email: ssizer@yakimaherald.com Ad ID: 824294 Start: 07/05/18 Stop: 07/05/18 Total Cost: $416.10 Lines: 228.0 # of Inserts: 1 Ad Class: 6021 Yakima Herald -Republic 07/05/18 C'IT'Y OF YAHIMA NOTICE OF PUBLIC HEARINGS - 2018 COMPRE- NENSWE PLAN MAP AMENDMENT & REZONE APPLICATIONS Date: July 5, 2018 File Numbers: CPA, #001-w8 RZ9002-1kSEPAN00+181 Project ApplNonntl FL.SA FnginCCrlrug & Survuying (521 N 201h Awe #3.. Yakima, WA 00002) onbehalf of Coaetal Farm Real Estate INC project Loci 13 & 15 E Washtaa , lon Aver002', E Burnet ; Parcol Numbers! IS1331- N01. 3„ -14024„ •14025, • 14041 „ Proposal: Change ere Future Land UTO else desYgriadaaru fur tomos paroots from Induslrlyd to Com, morolod W400 -Use aid change the tooingg,, tram Industnat (M-1:)to Gonerait Comarnah:lad (GC), and change the Xonlrlg Eat Rho western Portion atapteu,rla be real from indusidad hid, t) Ea General Commercial (GC). FfleNumbors::.CPA M002.18 RZ0003.to SEPAo005-SIS„ Projscl Appdkoomnan cae : Horden ManSorvl4'N 2no 91., Yaakdma WA'98904)onbohidfofyskdma'Va11eyr u~WO karmvwnrkzrrst Ohnic Project Locaflonr VICIftlilY of S Ah S1 and Wilson Ln; Parcel Numbers: 401330.41425, 41420,.41427'4142t -41431 49432; Proposo4: Chant4lwrl rho Fuaere Land' Use map deslgnahon. per six parcels from rt9laed Resklonhal to Com- mert#at M)xedU ao aasb aeaona srx lrtarcarJa tlrom tMnro-Famwdy Rssldotmapq (d0,2) qa Ga nCraw Canino aWaf (GC) do aroghdpWton op Iuotlur0rxxpanafon m pCaaah�acant medics$ a4Pdufo, Fklo NErmklors: CPAN007+f8, R1s008+i t, SEpA#tN10.180 Protect AppOcont: Chy o9'yakWrdd WaspCwsder Q01vdsWarr (2220 E Vtrlao Aee, Yrukrrl4a„'WA 00001) Propool. Location: Vaclanlpy ap HI way 24 en1 S 22nd SL Parcel Nurlliaora- Por» 9Yrrnraf tl11,k'3�-474019m9r4M$4 anrcY tl9Y",''8•:'0p8.Profact Change l¢va Frrluro Lanni 4 sd ctaoW,g� a4M1or� for ptlrea par. tows fns L,•dCnslly sldsnfuaN toCommrorcpa4 Mlxed•LOse moss ra onC Bh ou panolo tram as"ubinr0on Rssfifdantamul((SR) to Ganeramaal (GC) to anablC a future perapas tnra llowv•bartderkuom010ssshrat ruse T'he rorhuosgohsl�d abavrlwvlll roayuaa ¢wro Iaudl� hCar7rngo, one open record hearing bales the Coy ed Yakima Planning Cemmtse lea ao be felewed by an aspen record fabaring before ifte'dakimaa Clly Councwl'. This public fear balore the Plan, nlno Corrmlaskrn gram boon schadurild r guguat 0, 2418, begWnnang at aiOpg p,m., hn ine Cornrrciw Olambers, C9y Had, 12q N 20d Sp., YA mb, WA, Any parson deokring do oapro'oe ttroir vlowva on rots rnatRordalnvlted Eoaptlend Ino puoaPo moair� Ing nr 4a aubmh RWroh' wrlgdr... ob"'. i ... In: idly otl Yakrmk9, P9anolnq)Doeion 92gN2no bI "ikl'ma,WA9111," A,,' rat e notfcbvwNO toe prswvlded tlar khe publle boating M1geCorrr '4he Mokdm# Clty Counolt„ Ityoa havra. any quosllenoon khan proparrad pWaaso call Joaoph Cothoun., Prwin)rug Maunegin (540y1x750NHt2asanhikohjo�phaa�tlhaun yakhnavra.gea, File Numbers: C"PA4003-18, RZ#004-18, SEPA#1)045-'d0. Progoot AppIWan9: Hendon Pdannkflg S'ervdcos(410 N 2n d Sp Yakalra, WA 98001)an. transit of 4a ifflamm A96aan Project LoeatNon: 1104 9 48m Ave„ Parcel Number: 181320.41405, Proposal: Chaatgo the Fuqure Land Use nrepdeftnaation for one parcel train Low-density Roeldenbal toCommunlh Mlxod•Uso and rezone oruo pareal from SNngWfamdly ReO� dental (R=1) to Proleasteruad Sassiness (8•1). Fila Numbaxs: CPA#004•t'8„RZ#00S»t8, SEPA#007.18d ProactApphtcont•HordanP9onnlingSC.rvYcesg4f0N2ndSt, Wok ms NMA 94}901) on behalf of Riverpodnae Lari LLC, project Location: 1429, 1431, & 1430', N 16th Ave; Parcol Numbers: 101312.33005, -22002, and -3301 Peopos'aaH Change the Facture Land Use mapps dar4garalon lar three paarr,.eila from Regional Commalcielf to l'fndusMlal and rezone Itnres Pr is Irani Large Convenience Conlor (LCC) to Light lndma9rlm CM -9 ), File Numbers::: C'PA0005 � l0, RPs0a6.08,-3EPA#Ot;TO.10, Prorot Applicaft Hardan'd+lanuving Stwrrrlceg p"O N 2nd SI, Yak ma, WA 9R90 1) on behalf o1 Waaa Valley NurWng Homes wnb, Protect Local ton: Vwclnh of S 85th, Ave and Occiden- ddd f4d:learool kNuamberm '181 .106.21001„ -270055 -2'n007„ •2140A, •21403;; propoaat:t4'etalrr rhe Futuro Land uuap main doalpination 1i7x Rive parcels of Mixed Residential and zoo. Ing designation of Muwti•fambyRosidan4Wol (R•3)Pravlousty approved thirough CPA s000.92 RT#406.12 and a properly' ase and d evotbprnent d9fo emoof oxecrutdd by Cap(yrCQVrKnl mtlrlC h NPrmdtad devrrtnpmorrr od Oro propor'dy 10 m ut4B•tlanlGly senior living and senior care residential fecititles. The proper- ty owner no longer proposes a senior tivYnglsefn(or conn and use and $herefore Propnp to vacate the paunporty use, and development agr4intriontroarllewtar other mnld„tamidyuses . FIN Numbersa. CPA# 006<70, RZ#007-16, S E PAM (V093'.:f 0.I Project Appfloonl: Henden Plsanning servlcoe (410 N'2nd 1St„Yakima, WA 90901j� on behalf of Iaraol7_erago'zat Project Location: 9377 S 7khSq; Porcof Number„:. 1913'30,.44;510;: Proposal: Change the Future Land Use map deep rreafNan him one parcel from Maxed Residential to Commorclod MNed-Use« and rezone oneparool Gwcrn Two-Farmfy Resldenfydd (R-2) to 05ondraW Crrmma'ralal (G"h,"r) NCr amdtndpa9don oI f91l1Arr$axli'dallaalanm of Rho rwdlacerrw autorrwrWia accessories retail Moro landdotatfA (Ing alWon shop, The roguosws dlsteda4vowa lila f'0qrA , (wb qq mublic hoardngs', nine open record hourinbdpar0atlheCnyed'>faklmoP'Jan- ndng' Crarinmisslon to be 9lewad Cryan open reae d heaelrEO belore pYro Yakima City Cas :wt. The pubNle hearing before thePfanningG.14mmissYonhoebeen .hoduwedforAwgu%st 22, 2010, befpdmsin at 3:00prrr of the Cdl.mvcif chambers, City' Ha4C 929N 2�na «at, Yekdrtrrd, WA Any Person desiring at express whohvtows oil thismattor is Irwkted ao elleed the hC tia'drirwg om`um pubmh8hd'Brwnlgten camman4a to a»,16y aI a slMe, Plano ng OWvieron, 140 N 2nd Sl, Yakima VYA98'047. A separate noUco _dJ "P ao ptovddbd far Iho Public hanramg botoao Nbo VakNma CYty C. of d7ave anyguesgdons on pis b up—'NpdssocaBV'Ghovror9Aa Mna, Ae.ecr laao Pt'arrumsr al t50tk) 575.818, or rrmman a9; formal, rn.ddna�yoabri wttt.gcw. (624294) July 5, 2016 Courtesy of Yakima Herald blic e -15 ,�,,, ;J�rCIyT,Y�OF YAKIMA i, ,,,rNC)TIC,E; F PU��LIC HEARINGS2018 COMPA�IiENSl1/E PLAN MAPI�MENbMENT & REYONE, Date: July 5, 2018 „; ; o c. INDEX !;Y4.A V Y` art K i M A r"i DATE: TO: FROM: SUBJECT: DEP ' 'TMENT OF COMMUNITY DEVELC MENT Joan iavenport, AICP, Director Mann ng Dnvii iloill Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • w*rw.yakimawa.gov/services/planning CITY OF YAKIMA NOTICE OF PUBLIC HEARING & REVISED APPLICATION File Numbers: Project Applicant: Applicant Address: Project Location: Parcel Numbers: July 5, 2018 SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners Joan Davenport, AICP, Community Development Director Comprehensive Plan Map Amendment, Rezone and Environmental Review CPA #005-18, RZ#006-18, SEPA#008-18 Hordan Planning Services on behalf of West Valley Nursing Homes Inc. 410 N 2nd Ave., Yakima, WA 90901 Vicinity of S 85th Ave. and Occidental Rd. 181206-21001, -21005, -21007, -21401, -21402 PROJECT DESCRIPTION Retain the Future Land Use map designation for five parcels of Mixed Residential and zoning designation of Multi -family Residential (R-3) previously approved through CPA#006-12, RZ#006-12, and a property use and development agreement executed by City Council which limited development of the property to multi -family senior living and senior care residential facilities. The property owner no longer proposes a senior living/senior care land use and therefore proposes to vacate the property use and development agreement to allow for other multi -family uses. NOTICE OF 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. The public hearing before the Planning Commission has been scheduled for Wednesday, August 22, 2018, beginning at 3:00 p.m., in the Council Chambers, City Hall, 129 North 2nd Street, Yakima, Washington. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 North 2nd Street, Yakima, WA 98901. A separate notice will be provided for the public hearing before the Yakima City Council. NOTICE OF REVISED APPLICATION Subsequent to the notice of application, the applicant has provided additional information in regards to the narrative of the proposed project. The revised information can be found in the project folder on the second floor of City Hall located at 129 N 2nd St, and will be uploaded to the permit center (rw�wpc ipgy a cow) in the public notices section of permit number CPA#005-18. If you have any questions on this proposal please call Trevor Martin, Associate Planner at (509) 575-6162 or email at: trevor.martin@yakimawa.gov. DOC. INDEX 15 DEPARTMENT OF COMMUNITY DEVELOPMENT . Joan Davenport, AICP, Director Nanning DivisioIi Au uu a uuuu , L W Joseph Calhoun, Manager CITY Planning ()F F Y A W A 129 North Second Street, 2°d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov - www.yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON PROPOSAL: The City of Yakima Department of Community Development has received applications from Hordan Planning Services, on behalf of West Valley Nursing Homes Inc., for a Comprehensive Plan Map Amendment (CPA), Rezone, and Environmental Review of the subject property. The owner is requesting to retain the Future Land Use map designation for five parcels of Mixed Residential and zoning designation of Multi -family Residential (R-3) previously approved through CPA#006-12, RZ#006-12, and a property use and development agreement executed by City Council which limited development of the property to multi -family senior living and senior care residential facilities. The property owner no longer proposes a senior living/senior care land use and therefore proposes to vacate the property use and development agreement to allow for other multi -family uses. PROPONENT: West Valley Nursing Homes Inc. LOCATION: Vicinity of S 85th Ave. and Occidental Rd. PARCEL NUMBERS: 181206-21001, -21005, -21007, -21401, -21402 LEAD AGENCY: City of Yakima FILE NUMBERS: CPA #005-18, RZ#006-18, SEPA#008-18 DETERMINATION: The lead agency for this proposal has determined that the project will 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. The information is available to the public upon request at the City of Yakima Planning Division. This DNS is issued under WAC 197-11-355. There is no further commentperiod for this DNS, CONTACT PERSON: Trevor Martin, Associate Planner. Call (509) 575-6162 for more information. SEPA RESPONSIBLE OFFICIAL: Joan Davenport, AICP POSITION / TITLE: Director of Community Development TELEPHONE: 509-576-6417 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 SIGNATURE: DATE: July 5, 2018 ® You may aal this determination to: Joan Davenport, AICP, Community Development Director, at 12 2"d Street, Yakima, WA 98901. No later than: July 19, 2018 By (method): Complete a eal a lication form and payment of 580 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. way mna MB W94 Maxe , Lisa From: Martin, Trevor Sent: Tuesday, June 26, 2018 1:03 PM To: Maxey, Lisa Subject: FW: CPA#005-18 Lisa, Can you please add this to the file? Thanks, Trevor From: Jamie Quantrell [mailto:eight_is_great008@hotmail.com] Sent: Tuesday, June 26, 2018 12:56 PM To: Martin, Trevor <Trevor. Martin @YAKI MAWA.GOV> Subject: CPA#005-18 Mr. Martin My family and I recently received a post card stating that land directly behind our property may be developed for residential housing. We live at 8415 Oak Ave, Yakima. This proposed site is directly behind our property. Our property is situated in such a way that any noise from this area comes directly in to our house. We are at the base of a hill. We have had so much trouble with noise from the few houses around the proposed residential site that the noise from even more houses would be extremely irritating. We moved out here to avoid such crowds of people and noise. We would hate to have to consider the possibility of moving from our well-established property because scores of people may be moving in right next to us. Please consider our family and our quality of life as CPA#005-18 is decided upon. I have also called and left a message today, June 26, 2018, to talk to someone about this. Thank you for your time. Sincerely, Jamie Quantrell (mother) William T. Quantrell (father) Donavyn Quantrell (5yrs) Autumn Quantrell (2 yrs) 5 FA E IMG WA Sf11II141_o 10N M .1 E II"AR] MEN Y 1;..1 IF ECC.. [_l _1 .m.; 125,0 WAIder St - Union Gap, WA 98903 0009 - (501)),S75-2490 June 25, 2018 Joseph Calhoun City of Yakima Planning 129 N 2nd Street 2nd Floor Courthouse Yakima, WA 98901 Re: West Valley Nursing Home Inc. CPA#005-18, RZ#006-18, SEPA#008-18 Dear Mr. Calhoun: Thank you for the opportunity to comment on West Valley Nursing Home Inc. CPA#005-18, RZ#006-18, SEPA#008-18. We have reviewed the environmental checklist and have the following comments. TOXIC CLEAN-UP Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead and arsenic, and for organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxics Control Act cleanup levels Ecology recommends that potential buyers be notified of their occuiTence. If you have any questions or would like to respond to these Water Resource comments, please contact Valerie Bound at (509) 454-7886. Sincerely, Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575-2012 201803074 On, I9 1 Maxey, Lisa NOW From: Tonya Wetch <teacherwetch@grnail.corn> Sent: Friday, June 22, 2018 2:02 PM To: Ask Planning Subject: CPA#005-18 We live at 2,401 South 86th Avenue in the stucco house. We want to know what exactly is being proposed to be built, whether streets will be improved, widened, as well as sidewalks and lights, who is doling the developing, when will it begin, atid whis the constr'LICtiOn clomplany. This is our forever home and we don't want low quality will it duplexes, orondos bUilt, around us, Thank you. Tonya Robel Wetch, M.Ed, 509-972-4724 o0c, I !X, ND AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: CPA#005-18, RZ#006-18 & SEPA#008-18 West Vallev Nursine Homes Inc Vic. of S 85th Ave & Occidental Rd I, Lisa Maxey, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application and Environmental Review. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies, and all property owners of record within a radius of 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 the 8th day of June, 2018. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist DOC. INE Eµ, C- 17120114013 18?0622009 18133143403 APPLE TREE PARTNERSHIP APPL "`T.R E PARTNERS ~ � APPLE TREE RESORT DEVELOPMENT CO 8804 OCC 2550 BORTON RD 8804 OCCIDENTAL RD ,„ YYAKI A 98903"� YAKIMA, WA 98903 YAKIMA, WA 98903 18133143404 APPT' F&RESORT DEVELOPMENT.CO 2550 BORTOi REt' YAKIMA, I 989'0i<,, 184»21007 WEST A LEY NURSING HOMES INC 3801 SUMM ' YmA l A0 989' 18120624402 WEST VALLEY NURSING HOMES INC 3801 S ITV Ali YAKIMA 902 18120624409 m__.... ........................ ........ WlNLEY NURSING -HOMES INC 3801�I'�V4iAVE Y WA 990 " - 18120612412 GILBERT E & MICHAEL DALE KNOTTS 321 N 84TH AVE YAKIMA, WA 98908 ... 81206 1 12402 JAMES P JOHNSON 8210 OCCIDENTAL RD YAKIMA, WA 98903 m18120612404 LESLIE P HEIMGARTNER 119S6TH ST MONTESANO, WA 98563 18120624511 MICHAEL A & TONYA R WETCH 2401 S 86TH AVE YAKIMA, WA 98903 18133143405 18133144002 APPCt*-TRE,E RESORT DEVELOPMENT CO AT PROPERTIES LLC 2550 BORTC)'N-RID , 2550 BORTON RD YAKIM,A,�W,k 903'""m YAKIMA, WA 98903 18120621001 WESTVALLEY NURSING HOMES INC " 3801 IM „I VµIEW-AVE 181201401 WEST VAL NURSING HOMES INC 3801 SUM MI W VE-- YAKIM „wA-0662 18120624404 WEST EY NURSING HOMES INC 3801 SUMMI YA : A 9896'2` , 18133143003 ANDREW C & ERIN M HULL 8407 OCCIDENTAL RD YAKIMA, WA 98903 18120622002 HELEN E TYLER 6 N 6TH ST APT 905 YAKIMA, WA 98901 18120624512 JOHN W & JENNIFER L HULL 9705 RIDGEWAY RD YAKIMA, WA 98903 18120612405 LESLI EIMGARTNER 119 S 6TH S ANO, W 563 18120613430 RUBEN DIAZ 2404 S 81ST AVE YAKIMA, WA 98903 1005 WEST"V'ALLY NURSING HOMES INC 3801 SLJJJI AVE 18120621402 NG HOMES INC 3801 i AVS " .. KIMA, WA 99 181204407 WEST VALIL URSING HOMES INC a �"-I N�"AVE YAKIMA, WA 98902 18120624406 EDWARD A OPSAHL 8413 OAK AVE YAKIMA, WA 98903 18120613429 JAMES M & WENDY R LONG 2402 S 81ST AVE YAKIMA, WA 98903 WWWWWWWWWWWW 18120624513 JOH>RIDG NNIFER L HULL 970Y,98 18120613422 MARLENE R VESEK 2403 S 81ST AVE YAKIMA, WA 98903 181 .... 13401 ._......... TALBER YLOR 2410 S 8 �„.._,... ION GAP, WA 98 3' c -f i h 1812061340 ............................... 3� TALBE 'T TAYLOR 2410 S 8 A, WA 89 0w 18120624508 TALBI6T WILLIAM TAYLOR 2410 S i�Q AVEC YAKI Q 36 Total Parcels - West Valley Nursing Homes Inc - CPA#005-18, RZ#006-18 & SEPA#008-18 18120624410 TALBERT & SHIRLEY TAYLOR 2410 S 83RD AVE UNION GAP, WA 98903 18120624400 WILLIAM M & ROBIN STEWART 2407 S 86TH AVE YAKIMA, WA 98903 18120624507 TALBE ILLIAM TA 241.... AKIMA, WA 989 3., 18120624405 WILLIAM T & JAMIE L QUANTRELL 8415 OAK AVE YAKIMA, WA 98903 DOC. Ahtanum Irrigation District Chamber of Commerce Department of Agriculture Beth Ann Brulotte, Executive Assistant 10 North 9th Street Kelly McLain PO Box 42560 10705-B Gilbert Road Yakima, WA 98901 Olympia, WA 98504 Yakima, WA 98903-9203 ch_�aaaula� e�'.y<aion�a u�„i, Iar��rf2otTNg1?r uva,gpv N&u ba bmahtuunu ra,ruu, Dept of Archaeology & Historic Preservation Department of Commerce Department of Ecology Greg Griffith or Gretchen Kaehler, Deputy State Growth Management Services Annie Szvetecz, SEPA Policy Lead Historic Preservation Officer P.O. Box 42525 P.O. Box 47703 P.O. Box 48343 Olympia WA 98504-2525 Olympia, WA 98504-7703 Olympia, WA 98504-8343 ruaovrRtirbp7izrnprp�tirfwa.Pw �r�aretllc�ru�cITwaty' 5e.umd;ud.+ N.y' Ncs, a vuhoLef�Pc;Y.w�„a Department of Ecology Department of Fish and Wildlife Department of Fish and Wildlife Gwen Clear, Regional Coordinator Eric Bartrand SEPA Desk 1250 West Alder Street South 24th Ave 1701 Sou PO Box 43200 Union Ga WA 98903 P, Yakima, WA 98902 Olympia WA 98504 ee uosa2�aa oordrnakor y,,,t�a--i fricv Bartraind@gfw. 4.gm SL k cmfww a& y Sawr�9�;,0cap� � arJfw w'�agv i Department of Health Department of Natural Resources Department of Social & Health Services Kelly Cooper SEPA Center Terri Sinclair-Olson PO Box 47820 PO Box 47015 Operations Support and Services Division Olympia, WA 98504 Olympia, WA 98504 P.O. Box 45848 KgINtr q pteC p_Wqw,se acen¢ear6tr'aur w ,gaav Olympia WA 98504 Terga jlinda it4,tl,so d h., wa qy _.�Iz Energy Facility Site Evaluation Council -EFSEC Engineering Division Nob Hill Water Association Stephen Posner, SEPA Officer Bob Degrosellier and Brett Sheffield, City Bob Irving, Engineering Technician PO Box 43172 Engineer 129 N 2nd Street 6111 Tieton Drive Olympia, WA 98504-3172 Yakimas WA 8901 Yakima, WA 98908 trosrrca.f uta r, y da a-kaIievi @yakaarua, . ba1la �rq afualg vat m;a rff Office of Rural and Farm Worker Housing Parks & Recreation Commission US Army Corps of Engineers Marty Miller Jessica Logan Seattle District 1400 Summitview Ave, Ste# 203 PO Box 42560 Regulatory Branch Yakima, WA 98902 Olympia, WA 98504 y P.O. Box 3755 Marty�carf�l, f8 cpia Seattle, WA 98124-3755 d�yaui �rt'n�u�an�aa,�ca,�,rmY° fn:N. . . Wastewater Division West Valley School District WSDOT Marc Cawley or Dana Kallevig Angela Watts, Asst, Supt. Of Business & Paul Gonseth, Planning Engineer 2220 East Viola Ave Operations 2809 Rudkin Road Yakima, WA 98901 8902 Zier Road Union Gap, WA 98903 cn urz4.t, a 9�y y � mmwawa Yakima, WA 98908-9299 gaits lJro,�wsrE it,,f ',a WSDOT WSDOT, Aviation Division Yakama Bureau of Indian Affairs South Central Region) Planning Office Patrick Wright Rocco Clark, Environmental Coordinator Cplaalningtwsdot w4 gv 7702 Terminal St SW P.O. Box 632 Tumwater, WA 98501 Toppenish, WA 98948 WM1Frug„I,�dl��rv�afu�C_.,uar� a1M,± Rocco.cl�urlc�aba�.�u�wr Yakama Nation Environmental Mgmt Program Yakama-Klickitat Fisheries Project Yakima Air Terminal Elizabeth Sanchey, Environmental Review John Marvin Robert Peterson, Airport Asst Manager Coordinator 760 Pence Road 2400 West Washington Ave P.O.. Box 151 Yakima, WA 98909 Yakima, WA 98903 oppeniA98948 Ima3fy1r1ya&aaJ4„traarorolarrrpa.jron,yakt�uavuyr 91auJ,_liam ukauu.p�rrc Yakima County Commissioners Yakima County Health District Yakima County Public Services i�omep�Issd+�rus�sarm�,�,a�a yu4rari?a+,var„uC� Ryan Ibach, Director of Environmental Health Lynn Deitrick, Planning Director 1210 Ahtanum Ridge Dr Ste#200 128 North 2nd Street, 4th Floor Union Gap, WA 98903 Yakima WA 98901 yhd�ca�+"9kama wa uss ty4rr uml24aiwtt.ya2ana4_y +u;c s yuap NJrtracNti��ccL,ypkirrrr�ro uu4wur5 _ Yakima County Public Services Yakima Greenway Foundation Yakima Regional Clean Air Agency Vern Redifer, Public Services Director Kellie Connaughton, Executive Director Hasan Tahat, En �w Planning Supervisor 128 North 2nd Street, 4th Floor 111 South 18th Street 329 North 1st Street Yakima, WA 98901 Yakima, WA 98901 Yakima WA 989 Vern a ndifrakaaa7 n wa u�s� Nur Rima, �m ,or g ��Dya ia�u4J�re�nv++��y....._.. raN�ru @ rcaa.nr? .T Yakima School District Yakima Valley Conference of Governments Yakima Valley Museum Scott Izutsu , Associate Superintendent Mike Shuttleworth, Planning Manager John A. Baule, Director 104 N 41' Ave 311 North 4th Street, Ste# 202 2105 Tieton Drive Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98902 ur�ots a„saokta �y w ant a,, tl� soN .aa k Mi4ka shu1R ewortV@yvcogga,g 1ta@ a d y4 Areax,ru GBa GJaa� , to_ "1 Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 �td�IMnkr�+�u«a, _t�*t,rere�ra r4r�ras:g:i�,li8! I0. F9 U n .I ” Century Link Charter Communications City of Union Gap Manager Kevin Chilcote Dennis Henne, Development Director 8 South 2nd Ave, Rm#304 1005 North 16th Ave P.O. Box 3008 Yakima, WA 98902 Yakima, WA 98902 Union Gap, WA 98903 Department of Agriculture Environmental Protection Agency Federal Aviation Administration Kelly McLain NEPA Review Unit 2200 W. Washington Ave P.O. Box 42560 1200 6th Ave. MS 623 Yakima, WA 98903 Olympia, WA 98504 �...... .- ..... ._........ _. �. Seattle, WA 98101 Federal Aviation Administration, Seattle Governor's Office of Indian Affairs �..... Pacific Power Airports District Office Cayla Morgan, Airport Planner PO Box 40909 Mike Paulson 1601 Lind Ave SW Olympia, WA 98504 500 North Keys Rd Renton, WA 98055-4056 Yakima, WA 98901 Soil Conservation District Trolleys United States Postal Service Ray Wondercheck Paul Edmondson Maintenance Deptartment 1606 Perry Street, Ste. F 313 North 3rd Street 205 W Washington Ave Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98903 WA State Attorney General's Office Eastern Drinking Water Operations Yakama Bureau of Indian Affairs 1433 Lakeside Court, Ste# 102 River View Corporate Center Superintendent Yakima, WA 98902 16201 E Indiana Ave, Ste# 1500 P.O. Box 632 Spokane Valley, WA 99216 Toppenish, WA 98948 Yakama Indian Nation Johnson Meninick, Cultural Resources Yakama Indian Nation Yakima School District Program Ruth Jim, Yakima Tribal Council Dr. Jack Irion, Superintendent P.O. Box 151 P.O. Box 151 104 North 4th Ave Toppenish, WA 98948 Toppenish, WA 98948 Yakima, WA 98902 Yakima Valley Canal Co Yakima-Tieton Irrigation District Cascade Natural Gas Robert Smoot Sandra Hull 8113 W Grandridge Blvd 1640 Garretson Lane 470 Camp 4 Rd Kennewick, WA 99336 Yakima, WA 98908 Yakima, WA 98908 Ahtanum Irrigation District US Army Corps of Engineers Beth Ann Brulotte, Executive Assistant Seattle District 10705-B Gilbert Road Regulatory Branch Yakima, WA 98903 P.O. Box 3755 Seattle, WA 98124-3755 \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES _updated 12.4.17 - Form List.docx Type of Notice: l ��C Q 1 �1 I 10q.4 3-,--VA- r7- File Number: �X�►� 008-6 Date of Mailings In-HousemmmmDistribution E-mail List Name Division E-mail Address y ... .... ... �......,..�_. Carolyn Belles Glenn Denman Code Administration Code Administration °a.t� ki � -------- ���1t 1.�11a��c�� al��zaw Gletui . D an: c1k:1.11 �_�w Joe Caruso Suzanne DeBusschere Code Administration Code Administration hoc ao ya�9PY SLizaniw. Debussc se a ira wa goer Vick DeOchoa .....Joan Code Administration °ick DO cl a l 1n1 : a. v Davenport Community Development ,fi r Tuve )ort aV �........m . DanRiddle _ a ... Engineering Q�mt�g..� jdd� �. y k maAr LM. Mike Shane Engineering g. g �.. Nlike.Shan a�kim�� cry. Pat Reid. ....... .�..,... Jeff Cutter ...�Fire _ D..e�..._p.� t Legal Dept ��._yak�i awa 1.a._t.�.ReRw �c_,d �. Del)Cattera itknawagov m Sara Watkins Legal Dept Sara.Watkins ' aki n.a^ amg y Archie Matthews ONDS .._" _`" _.__.�._.� l __., rh1� M�attlh�w ���yakunaw�a,g)o� p.�. Joseph Calhoun�WWWWWWWWWW ose Planning Division .pmosph.C,al'hnu��°.�C�:p�yam,g����! Chief Rizzi w _ Police Department J rrc :zra mm..n_R, i1y Scott Schaferrvmmmm Public Works Dept � Scp�t 'Sl:al�er�Ziya%minawa gay' _..___. _ ._ er( Loretta Z ammarchi m,......_���. Refuse Division gotta#a1 ntmwhi�?Da1:lrnawa �p,r Randy Layman Refuse Division Rand .Lammpg a i;r ....,_w �........ Naeem Kara Transit Division Nacern. Kara akimawa,gov James Dean _._ .. Dana ... Kallevig Utilities Wastewater . _.W...mw James. Deqn(°qkirnawa,,gov.. Dan lk�all 1 (ii'yq& na aoggy. g _ Randy Meloy Wastewater � mmmmmm � �� ........ �tl Ml.:i ak1law1 1.. For the Record/File Binder Copy Revised 04/2018 Type of Notice: _ �! File Number(s): Date of Mailing Maxey, Lisa From: Maxey, Lisa Sent: Friday, June 08, 2018 11:50 AM To: Belles, Carolyn; Brown, David; Calhoun, Joseph; Caruso, Joe; Cutter, Jeff, Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; DeOchoa, Vick; Desgrosellier, Bob; Ibarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Reid, Patrick; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Watkins, Sara; Zammarchi, Loretta; Ahtanum Irrigation District - Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Agriculture; Department of Commerce (CTED) - Review Team; Department of Ecology; Department of Ecology - Lori White; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife; Department of Fish and Wildlife - Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Department of Social & Health Services; Dept. Archaeology & Historic Preservation - SEPA Review; Energy Facility Site Evaluation Council - Stephen Posner; Nob Hill Water - Bob Irving; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; Scott Izutsu - Yakima School District; US Army Corps of Engineers - David Moore; WA State Parks & Recreation Commission; West Valley School District - Angela Watts; WSDOT - Paul Gonseth; WSDOT - South Central Regional Planning Office; WSDOT Aviation - Patrick Wright; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Nation Environmental Management Program - Elizabeth Sanchey; Yakama- Klickitat Fisheries - John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Kellie Connaughton; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Mike Shuttleworth; Yakima Valley Museum - John A. Baule; Yakima Waste Systems - Keith Kovalenko; Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Jacob Liddicoat; Leanne Hughes -Mickel; Patricia Byers; Peter Marinace; Rob McCormick; White, Jason; William Cook (cook.w@charter.net) Cc: Martin, Trevor Subject: Notice of Application & SEPA - West Valley Nursing Homes Inc - CPA#005-18, RZ# 006-18, SEPA#008-18 Attachments: NOTICE OF APPLICATION & SEPA-West Valley Nursing Homes Inc - CPA RZ SEPA .... pdf Attached is a Notice of Application and SEPA Environmental Review regarding the above -entitled project. If you have any questions about this proposal, please contact assigned planner Trevor Martin at (509) 575-6162 or email to: revor.imartin y kirnaw ,_gpy. Thank you! Lisa Maxey Planning Specialist I City of Yakima Planning Division (509) 576-6669 Li a VvWax y@y,4ki Awg.gpy Planning Division: (509) 575-6183 129 N 2nd Street, Yakima, WA 98901 AW • Is A IL 1, h �a VA w . INDEX # Il6 '04-711 iiII-Na City of Yakima Ems • Planning Division pJd- nit —AN 129 N 2ND ST. (2ND FLOOR) YAKIMA, WA 98901 Date of Notice of Application - 0610812018 Project Name: WEST VALLEY NURSING HOMES INC CPA#005-18 Location: S 85TH AVE & OCCIDENTAL RD Proposal: Retain the Future Land Use map designation for five parcels of Mixed Residential and zoning designation of Multi -family Residential (R-3) previously approved through CPA#006-12, RZ#006-12, and a development agreement executed by City Council which limited development of the property to multi- family senior living & senior care residential facilities. A senior living/senior care land use is no longer proposed, property owner wishes to vacate development agreement to allow other multi-famil ° uses. Aland use application has been submitted near your property. This is your notice of that application. TO view information online go to: www.yakimawa.gov/public-notice and select CPA#005-18 from the list to view the land use application information, More information is available from the City of Yakima Planning Division (509) 575-6183. The staff contact is; Trevor Martin, Associate Planner (509) 575-6162 - trevor.martin@yakimawa.gov. Decisions and future notices will be sent to anyone who submits comments on this application or requests additional notice. Comments may be submitted in writing to the address above or by email to: ask.planning@yakimawa.gov - please include the file number in the email subject line. Written or emailed comments must be received by 5:00 p.m. on 06/2812018 This application may include multiple land use types, including compliance with the State Environmental Policy Act (SEPA). For specific information, please contact the Planning Division at (509) 575-6183. Si necesita informaci6n en espanol por favor (lame at (509) 575-6183 Application Submitted! 0413012018 Application Complete, 05/2912018 DEP. TMENT OF COMMUNITY DEVEL� .v4ENT Joan Davenport, AICP, Director VoUmirig Divkiion Joseph Calhoun, Manager .� ) 1 K w v` A 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW DATE: June 8, 2018 TO: SEPA Reviewing Agencies, Applicant, and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director SUBJECT: Comprehensive Plan Map Amendment, Rezone and Environmental Review NOTICE OF APPLICATION File Numbers: CPA #005-18, RZ#006-18, SEPA#008-18 Project Applicant: Hordan Planning Services Project Location: Vicinity of S 85th Ave. and Occidental Rd. Parcel Number(s): 181206-21001, -21005, -21007, -21401, -21402 PROJECT DESCRIPTION The City of Yakima Department of Community Development has received applications from Hordan Planning Services, on behalf of West Valley Nursing Homes Inc., for a Comprehensive Plan Map Amendment (CPA), Rezone, and Environmental Review of the subject property. The owner is requesting to retain the Future Land Use map designation for five parcels of Mixed Residential and zoning designation of Multi -family Residential (R-3) previously approved through CPA#006-12, RZ#006-12, and a property use and development agreement executed by City Council which limited development of the property to multi -family senior living and senior care residential facilities. The property owner no longer proposes a senior living/senior care land use and therefore proposes to vacate the property use and development agreement to allow for other multi -family uses. 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, pursuant to the Washington State Environmental Policy Act (SEPA) under WAC § 197-11-926 for the review of 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) for this project, utilizing the procedures set forth in WAC § 197-11-355. This may be your only opportunity to comment on the environmental impacts of this proposal. A copy of the subsequent threshold determination may be obtained by request and may be appealed pursuant to YMC § 6.88.170. Required Permits: None Required Studies: None Existing Environmental Documents: None Development Regulations For Project Mitigation and Consistency Include: State Environmental Policy Act, the Yakima Urban Area Zoning Ordinance, and the Yakima Urban Area Comprehensive Plan. REQUEST FOR WRITTEN COMMENTS Agencies, tribes, and the public are encouraged to review and comment on the proposal and its probable environmental impacts. There is a 20 -day comment period for this review. This may be your only opportunity to comment. All written comments received by 5:00 p.m. June 28, 2018, (regarding the SEPA Review) will be considered prior to issuing the final SEPA determination on this application. Please send written comments to: Joan Davenport, AICP, Community Development Director City of Yakima, Department of Community Development 129 North Second Street, Yakima, WA 98901 Please reference the applicant's name or file number(s) in your correspondence: West Valley Nursing Homes — CPA #005-18, RZ#006-18, SEPA#008-18 NIOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to any parties of record and entities who were provided this notice after the end of the 20 -day comment period. There will be a 14 -day SEPA appeal period effective upon the date of mailing. The file containing the complete application for this proposal is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. 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 a closed record hearing before the Yakima City Council. A separate public notice will be provided for each hearing in accordance with YMC Title 16. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 North 2nd Street, Yakima, WA 98901. If you have any questions on this proposal please call Trevor Martin, Associate Planner at (509) 575-6162 or email at: trevor.martin@yakimawa.gov Enclosed: Applications, SEPA Checklist, Site Plans, and Mailing Map "NJ AWVX CITY OF YAKIMA C� :;rye;4 LAND USE ACTION INSTALLATION CERTIFICATE �.. _. �.�_ _ . _..._ ._..�. .. File Number: . Applican ...... !oject Name: I caress: d '� e of Posting: Location of Installation (Check One):: 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. ,\tote: this alternate location (f not pre -approved by the Planning Manager) may not be acceptable by the Planning Division and is suhjeci 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. l Applicant's Signature Applicant's "((P Print) Date Applicant's Phone Number Please remit the above certification 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 2"d Street, Yakima, WA 98901. R CE` Y ED Page - 1 JUN 02018 Revised 01/2017 C6ITY iKIMA D AWN �� DEPARTMENT OF COMMUNITY DEVELOPMENT llkninu ng Division Joan Davenport, A.ICP, Director P iA A 129' Jofth Second Street, 2nd Floor, Yakima, WA 98901 ask.p%annkng@yalcirnawa.gov • www.yakimawa.gov/services/planning May 29, 2018 FILE NUMBER: CPA#005-18, RZ#006-18, SEPA#008-18 APPLICANT: Hordan Planning Services APPLICANT ADDRESS: 410 N 2nd St., Yakima, WA 98901 PROJECT LOCATION: Vicinity of 85'h Ave. & Occidental Rd. TAX PARCEL NO: 181206-21001, -21005, -21007, 21401, and -21402 DATE OF REQUEST: April 30, 2018 SUBJECT: Notice of Complete Application To whom it may concern; The application for your Comprehensive Plan Amendment, Rezone, and Environmental Review was received on April 30, 2018. As of May 29, 2018, your application is considered complete as required by YMC §§ 15.11.020 and 16.10.050(1). 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 20 -day comment period as is required by the City of Yakima. 2. Following the comment period, 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 City of Yakima Planning Commission (YPC). 3. Following review and recommendation by the YPC, a subsequent hearing will be scheduled for final review and consideration by the Yakima City Council. Prior to sending notice, the applicant or applicant's representative is required to post the property with a city -supplied Land Use Action sign. The sign(s) are available to pick up at the Codes Counter at your earliest convenience. If you have any questions regarding this matter please call me at (509) 575-6162 Sincerely, Trevor Martin Associate Planner Cc: Hordan Planning Services West Valley Nursing Homes Inc. Yakima Doc. 2015 IN File Number: CPA#005-18, RZ#006-18 & SEPA#008-18 Project Name: WEST VALLEY NURSING HOMES INC Site Address: VIC. OF S 85TH AVE & OCCIDENTAL RD Proposal: Retain the Future Land Use map designation for five parcels of Mixed Residential and zoning designation of Multi -family Residential (R-3) previously approved through CPA#006-12, RZ#006-12, and a property use and development agreement executed by City Council which limited development of the property to multi -family senior living and senior care residential facilities. The property owner no longer proposes a senior living/senior care land use and therefore proposes to vacate the property use and development agreement to allow for other multi -family uses. Contact the City of Yakima Planning Division at (509) 575-6183 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any 9 action taken, or action not taken by the user in reliance upon any maps or information provided herein, Date Created: 5/1/2018 i N D! X 18120621401 18120621402 18120621007 18120621001 18120621005 APR 3 0 018 OF YAKIMA _.... a Nv. YAKIMA COUNTY GEOGRAPHIC INFORMATION SERVICES Critical Areas West Valley Nursing Home, Inc. +Subject Properties - FEMA 160 Y�r Fl way FEMA 100 Y—F9 ME Natural FEMA 100 Year Roodp o 3�A Zone AE Rural \" Potential Wetlands LakesVPonds Stream Type - 2006 CAO Urban Conservancy 1 ® 2 3 Streams Environment ® 4 ® 4or5 Undetermined Conservancy —_-5 -Man Made Lakes Environment ME Natural Conservancy Rural Urban Urban Conservancy Floodway/CMZ Streams Environment Natural Conservancy �...- Rural Urban Urban Conservancy 9 (I Tax Lots € All Roads 1 inch = 350 feet Feet 0 60 120 240 360 480 7 ' I Copyright (C) 2018 Yakima County This map was derived from several databases The - County cannot accept responsibility for any errors Therefore, there are no warranties for this product Plot Date: 4/30/2018 ENVIRONMENTAL CHECKLIST STATE ENVIRONMENTAL POLICY ACT (SEPA) r �`��, i (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 jppfiic ��l�le ��r "cl�,��� ��c�t ly , Only ,It ��1LI tt„i�w�+alsy it, 90 cJg4IT- 1 P m ¢� Im_l gtm wl m+ mttm t1 mmanswer, 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 gull ,pgrt ol;,,your Ilu•opq�a 1, 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): Not applicable 2. Applicant's Name & Phone: Hordan Planning Services — 509-249-1919 3. Applicant's Address: 410 North Second Street, Yakima, WA 98901 4. Contact Person & Phone. Bill Hordan — 509-249-1919 5. Agency Requesting Checklist: Cityof Yakima - ..... 6. Proposed Timing Or Schedule (Including Phasing, If Applicable): No project is proposed as part of this comp. plan amendment/rezone request. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: ��.. 6 No. RECO V E® APR 3 0 Z W8 Revised 02/2018 � �.8 Iqq "�" A IM, +���"' INDEX I,t� 8. ..-.._..__.. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: No other known environmental information has been prepared which is directly related to this proposal. 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: No other applications are currently pending. 10. List any government approvals or permits that will be needed for your proposal, if known: Comprehensive Plan Land Use Change to the Future Land Use Map 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.): The proposal is a non -project request to change the Comprehensive Plan Future Land Use Map designation on 5 parcels that total approximately 21 acres from Low-density Residential to Mixed Residential and the zoning from Single -Family Residential (R-1) to Multi -family Residential (R-3). _ . 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: The properties lie on the southeast corner of South85th & 86`h Avenues and Occidental Road, within the City Limits of Yakima, Washington. The address of the property is about the 8500 block of Occidental Road. The Yakima County Assessor's Parcel Numbers for the property is 181206-21001, 21005, 21007, 21401 & 21402. CITY OF YAKIMA '.Lt : m Revised 02/2018 Doege 19 INDEX , B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Space Reserved for A encv Comments Earth a. General description of the site (✓ one); i ❑ flat X rolling ❑ hilly ❑ steep slopes ❑ mountainous ❑ other b. What is the steepest slope on the site (approximate percent slope)? Approximately 15 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. According to the Soil Survey of Yakima County Area Washington, the general soil types on the property are Gorst loam 2 to 15 percent slopes, Harwood loam 2 to 5 percent slopes, Harwood loam 5 to 8 percent slopes, Harwood loam 8 to 15 percent slopes. The Harwood loam 2 to 5 percent slopes soil is classified as prime farmland. No soil will be removed from the site as part of this application. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. No fill or grading is required as part of this application. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not as part of this application. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? No impervious surface is proposed at this time. No project is proposed as part of this application. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. None needed, none proposed. Air a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, .w VED generally describe and give approximate quantities if known. None as part of this land use change and rezone application. APR 3 0 20iB Revised 02/2018 I F tomYA IM'a �!V b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None known by property owner, c. Proposed measures to reduce or control emissions or other impacts to air, if any: None needed, none proposed. Water a. 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 McGonagle Ditch lies approximately 100 feet south of the subject property at its closest location. It flows into other creeks and eventually to the Yakima River. 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. Not applicable, there is no project proposed on the property. 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. Not applicable, there is no project. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Not applicable, there is no project. 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. No. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground 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 9 ECUVED groundwater? Give general description, purpose, and approximate quantities if known. APR 3 0 2M No. Revised 02/2018 P""OMC�II INDF, 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. Not applicable, this is a non -project land use change and rezone request. c. Water Runoff (including stormwater) 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. Not applicable, there is no project. 2. Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. 1 Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. Not applicable. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: None needed, none proposed Plants a. Check (✓) types of vegetation found on the site: Deciduous Tree: ❑ Alder ❑ Maple 0 Aspen X Other Evergreen Green: ❑ Fir ❑ Cedar ❑ Pine ❑ Other X Shrubs X Grass X Pasture ❑ Crop Or Grain x Orchards vineyards, or other permanent crops Wet Soil Plants: ❑ Cattail ❑Buttercup Bullrush Skunk Cabbagc Other Water Plants: ❑ Milfoil ❑ Eelgrass 0 Water Lily ❑ Other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? No vegetation will be removed or altered as part of this application. c. List threatened or endangered species known to be on or near the site. None known by the property owner. APR d Proposedlandscaping, pinguse any,f native plants, or other measures to preserve or enhance vegetaon f ll YAKIMA None needed, none proposed. a: i y, Revised 02/2018 DQga 1 12 e. List all noxious weeds and invasive species known to be on or near the site. No noxious or invasive species have been observed on or near the site. Animals a. 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„ ,y�rta,Mird&„ other: QUAIL mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. None known by property owner. c. Is the site part of a migration route? If so, explain No. d. Proposed measures to preserve or enhance wildlife, if any: None needed, none proposed. e. List any invasive animal species known to be on or near the site. The property owner has not observed any invasive animal species on or near the site. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. No energy is needed as part of this application. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None needed as there is no proposal. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. RECEWED No. 2M8 1. Describe any known or possible contamination at the site from present or past uses. CITY OF YAKIIWA No known contamination from present or past uses is known to exist. Revised 02/2018 DQJ;113 INDEX 2. 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. No. 3. 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 are known, 4. Describe special emergency services that might be required. No special emergency services are required for this application. 5. Proposed measures to reduce or control environmental health hazards, if any: None needed, none proposed. b. Noise L What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? No known noise exists in the area which would affect this application. 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. The land use change and rezone will not create any noise. 3. Proposed measures to reduce or control noise impacts, if any: None needed, none proposed. Land and Shoreline Use a. 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 site is currently used for residential and agricultural purposes. Adjacent properties to the west and north are currently used as open space and part of the Apple Tree Resort. Properties to the east are residential, commercial and vacant. Properties to the south are residential and agricultural b. 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? The subject property has been used and is currently being used as working farmlands. However, the property is located within the City Limits of Yakima, Washington, a designated ,, FRECEWEID urban area and not a resource land of long-term commercial significance. Once a project is proposed, approximately 17 acres of pasture and orchard will be removed. APR 3 0 20,18 1. 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 CITY OF YAKIIWA pesticides, tilling, and harvesting? If so, how: ") IU• No, the pro ertv lies within the Yakima City Limits which is a desi ated urban area.. Revised 02/2018 DOC? 1 14 INDEX # c- c. Describe any structures on the site. The site contains 4 single -family residences and misc. agricultural outbuildings. d. Will any structures be demolished? If so, what? No structures will be demolished as part of this application. e. What is the current zoning classification of the site? Single -family Residential f. What is the current comprehensive plan designation of the site? Low-density Residential g. If applicable, what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. No. i. Approximately how many people would reside or work in the completed project? Not applicable, there is no project. j. Approximately how many people would the completed project displace? Not applicable, there is no project. k. Proposed measures to avoid or reduce displacement impacts, if any. None needed, none proposed. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Compliance with 2040 Comprehensive Plan and Zoning Ordinance, as applicable to this application. in. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: Not applicable, there are no nearby resource lands. Housing a. Approximately how many units would be provided, if any? Indicate whether high, APR middle, or low-income housing.. YAKIMA Not licable, no housin is being provided. �=AaM .°: :.INV. Revised 02/2018 iLd'ptk, 15 b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable, no housing is being eliminated. c. Proposed measures to reduce or control housing impacts, if any: Not applicable. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Not applicable. b. What views in the immediate vicinity would be altered or obstructed? No known views in the immediate area will be altered or obstructed as part of this application c. Proposed measures to reduce or control aesthetic impacts, if any: None needed, none proposed. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? No light or glare will be produced as part of this application. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. c. What existing off-site sources of light or glare may affect your proposal? There are no known sources of off-site light or glare which would affect this proposal. d. Proposed measures to reduce or control light and glare impacts, if any:. None needed, none proposed. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? The project is located near Apple Tree Resort, a golf course, where known outdoor HECEWED recreational activities occur. b. Would the proposed project displace any existing recreational uses? If so, describe. APR 3 0 2018 No recreational opportunities will be displaced.»� CIT �„ Revised 02/2018 16 c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None needed, none proposed. Historic and Cultural Preservation a. 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. To the property owner's knowledge there are no structures on or near site that are eligible for historical or cultural preservation. b. 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. The property owner has no knowledge of landmarks, features or other evidence of Indian or historic use or occupation on this site. c. 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 proposed, no disturbance to resources will occur as part of this application. Transportation a. 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. The site is currently served by South 85`" & 86`" Avenues and Occidental Road which connect with other urban arterial in the immediate area. b. 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? The nearest known transit stop is near the intersection of South 72nd Avenue and West Washington Avenue. The approximate distance is 1 mile northeast of the site. c. How many parking spaces would the completed project or non -project proposal have? How many would the project or proposal eliminate? No parking spaces are proposed or eliminated as part of this comp plan amendment and rezone application. d. 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). RECEIVED None needed, none proposed. Pik 2�u e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. CITY W YAKIMA ii No. Revised 02/2018 17 INDEX f. 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? Not applicable, no project is proposed. g. 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: Not applicable, there is no project. h. Proposed measures to reduce or control transportation impacts, if any: Not applicable, there is no project. Public Services a. 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: Not applicable, there is no project. b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable, there is no project. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, otherm ................... _... ....w.w........ . b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Not applicable, there is no project. �"�" "u tc, CITY OF YAKIMA w J' Revised 02/2018 DOQv 118 ®EX 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. / Property Owner or gent Si 1,111 Date Submitted Name of Signee Position and Agency/Organization PLEASE COMPLETE SECTION "D" ON THE NEXT PAGE IF THERE IS NO PROJECT RELATED TO THIS ENVIRONMENTAL REVIEW CITY OF YAKIMA N1.k]]NL" i DIV. Revised 02/2018 DOGige 119 INDEX # C' D. S FPPI:,Ii M UT FOR NONPROJECT ACTION'S (ro be completed by the a licaut+)MNOTUR T E F2I V4"I�N 10R- RQJF T ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities that would likely result from the proposal and how it would affect the item ata Ecater intensity or at a faster rate than if the proposal were not implemented. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? No increased discharge to water, emissions to air, or toxic/or hazardous substances are proposed. No increase in noise levels are antic! ated by a change to the Comprehensive Plan or Rezone. Proposed measures to avoid or reduce such increases are: If applicable, complete an additional SEPA Checklist once a project has been proposed 2. How would the proposal be likely to affect plants, animals, fish, or marine life? This proposal will have no effect to plants, animals, fish or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Conservation of these issues would be reviewed through additional SEPA review and implementation of rules and regulations of the Critical Areas Ordinance, if determined necessM. 3. How would the proposal be likely to deplete energy or natural resources? Not applicable, no natural resources are being exploited through this application. Proposed measures to protect or conserve energy and natural resources are: None needed, none pLoTosed. 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? The proposal does not affect environmentally sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: Compliance with local, state and federal environmental ordinances will ensure protection occurs. 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? This proposal will not affect shorelines, as there are none affected. Future land use development of Jhe.pLopqrty will be dictated by local, state and federal ordinances. Proposed measures to avoid or reduce shoreline and land use impacts are: Compliance with local, state and federal shoreline and land ordinances will ensure protection occurs. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? New development would likely increase traffic on local and state highways. A minor demand in ublic services and utilities would likelyoccur as the property is developed,.. Proposed measures to reduce or respond to such demand(s) are: All new development would be required to meet transportation concurrency requirements prior to development occorrin ;Space Reserved For Aaeney Comments RiECEWE® APR 3 0 �018 CITY OF YAKIMA DIV. D. SUPPLEME NT SHEET' FOk NONPROJECT ACTIONS (To be compk, .d by theSpace deserved For annlicant.) (DO NOT VSE TH FOLLOWING,FOR PROJECT ACTI'ON$) _._ Agency Comments 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 are anticipated. RECEWED APR 3 0 Zino CITY OF YAKIMA RECEwE APR 3 0 2018 CITY OF YAKIMIA ,o A LAND USE APPLICATION CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT ¢M r w r"fireAKW;A 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901 anning PHONE: (509) 575-6183 EMAIL: ask planninggyahimawa,gov INSTRUCTIONS -PLEASE READ I"I1' ST Pleat e r a� or rrarrt t�ttr 55zy wrV rs IIoarl . Answer aid questions completely, If you have any questions about this lonTk or the application process, please ask a Planner, Reniernber 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 tiling fee paid. Filing fees are not refundable. TIiis application consists of four parts. PART I . GENERAL INFORMATION AND PART 1V -• CERTIFICATION are on this page. PART Il and III contain additional information s cci is to mw proposal and MUST W artacheel to 111s 11 a e to complete the to ylicatioaa. PART I- GENERAL INFORMATION 1, Applicant's Name Horden Planning Services .w .mm. Information: Mailing Address: 410 N. 2nd St City: Yakima _3t: WA Zip 98901 Phone (5p9 C. ..._.... �. )249 1919 E -Mail: hps4lO@gwestoffice.net 2 Applicant'sPlanner Check One: ❑ Owner ❑ Agent ❑Purchaser Other Interestin Pro .... . .... . .... Name: West � W m mm t Valley Nursing Homes Inc 3. Property Owner's m _�..,,......__ ... .-. Information If other g .. I P� _ ( y' 2 Phone l5� ) 96552... - than Applicant): � �rinr Address 3801 Su � Cit � Yakima mini iew St: WA �x"r 9890 E -Mail: I ubject Property's Assessors Parcels) 1 51 206-21 0 01, 21005, 21007, Nuarrlko s � 1007, 21401, 21402, 5. l,4 •ul CSasaa a alora� of Pro.ae-....-... tflen th - a... . _-- �, �. ... µ�»..- It p tty. (' g y, please anaclr ma on a separate document) See attached (r See attached ....-_. ..._. ... ,w. -... ... _ ..... u.. M_ .._. m 1 Propartys Existing Zoning. ❑ SR ❑ R-1 ❑ R-2 @j R-3 ❑ B-1 ❑ B-2 ❑ NB ❑ SCE ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ .M-2 - 11"111_-_-__--_ .. . __�_� ._ __ ,,,... ��.,.... �.....w ...,8 Type Of Application. (Check All lbat Apply) [] Comprehensive Plan Amendment Environmental Checklist (SEPA Review) 0 Rezone applications under' P Concurrency (aster Application ❑ng two or more E] Other:... Transportation Concurren select rfsubar rttifttle B) PART 11 - SUPPLEMENTAL APPI-K.ATION, PART III,- RE_QLAUUM ATTACHMENTS, & PAR11V NARRATIVE 9, SFT ATTAC Rlf,"D SITI;ETS laARl V- CERTIIIC.A'T`ION 10. I certify that the infortnation on this application and the requited anachrnerits are true and correct to the finest of my knowledge, Property Ow ner's Su nataafe Date _Tic an� tisgrrtan`e bate ,1 1 I'IIC TI(�1�°N(S)t� :,.ti.. Il1�h��AI �m ( a�, �i: R. - � DATE FEE VAAT4 - T�,E :Tia"ElL' Y: � A T1NI" EA.I t r. Revised 02/2018 Page 3 ®®C. r SUMMAR Y OFRE,QU ST The request is to change the Comprehensive Plan Future Land Use Map designation on 5 parcels of property that total approximately 21 acres from Low-density Residential to Mixed Residential and rezone the property from Single-family Residential to Multi -family Residential. RECEIVED APR 3 0 2018 CITY OF YAKIMA LEGAL DESCRIPTION 181206-21001— In Section 6; Township 12 North; Range 18 East WM; Beginning at the Southwest corner Government Lot 2; thence East 280 feet; thence North 02°10' West 105.2 feet; thence North 28°50'20" West 145.8 feet to the true point of beginning; thence South 28°50'20" East 145.8 feet; thence South 17°14'20" East 105.2 feet thence West 1614 feet; thence North 4°06' East 70 feet; thence North 78°55' East 263 feet; thence North 6°15' East 62 feet; thence North 89°38' East 1319 feet more or less to the true point of beginning. 181206-21005 — The North 215.30 feet of the East 318 feet of Government Lot 3 (The Northeast quarter of the Northwest quarter) of Section 6, Township 12 North, Range 18, E.W.M; EXCEPT road right-of-way on North; AND EXCEPT that portion described as follows: Beginning at the Northeast corner of said subdivision; thence South 0°00' East along the East line of said subdivision to a point 380.14 feet North of the Southeast corner of said subdivision; thence North 87'02'10" West 13.90 feet; thence North 0°22'30" East 316.52 feet; thence South 89°56'39" East 11.81 feet to point of beginning. 181206-21007 — In Section 6; Township 12 North; Range 18 East WM; Beginning 180.5 feet North of the Southeast corner of Government Lot 3; thence North 891,30' West 1065.9 feet; thence North 6°15' East 519.6 feet; thence East 786.4 feet; thence South 215.3 feet; thence East 305.6 feet; thence South 00°22'30" West 101.22 feet; thence South 87'02'10" East 148.78 feet; thence South 01°02' West 43.75 feet; thence South 53°33' East 49.92 feet; thence South 28°50'20" East 145.8 feet; thence west to beginning. 181206-21007 — Parcel 1 of Short Plat 79-47, as recorded under Auditor's File Number 2537396. EXCEPT that portion conveyed to Yakima County for Road by Deed recorded under Auditor's File No. 7230133. Situated in Yakima County, State of Washington. 181206-21402 — Lot 2 of Short Plat 79-47 as recorded under Auditor's File Number 2537396, record of Yakima County Washington. DOC. INDEX # c-5 Supplemental Application For: AED IMX COMPREHENSIVE PLAN APR t.rY Of YA IMAanningA END EN ' IT YAKIMA MUNICIPAL CODE CHAPTER 16.10,l w V. PART IV - NARRATIVE A. Does your proposal address circumstances that have changed since the last time the relevant comprehensive plan map or text was considered? If so, how? See attached written narrative B. Does your proposal better implement applicable comprehensive plan policies than the current relevant comprehensive plan map or text? If so, how? See attached written narrative C. Does your proposal correct an obvious mapping error? If so, what is the error? See attached written narrative D. Does your proposal address an identified deficiency in the Comprehensive Plan? If so, what is the deficiency? See attached written narrative E. 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? See attached written narrative F. 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? See attached written narrative G. Have the cumulative impacts of all comprehensive plan amendments been considered in the evaluation of the proposed amendment? If so, how? See attached written narrative H. 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. See attached written narrative Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., L.Yakima, WA or 509-575-6183 Revised 02/2018 RECE V' D APR 3 0 Zola CITY OF YAKIMA :µ LIv, Supplemental Application For: n^n u COMPREHENSIVE PLAN AMENDMENT Planning YAKIMA MUNICIPAL CODE, CHAPTER 16.10 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 ❑ R-1 ❑ R-2 X R-3 ❑ B-1 ❑ B-2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ M-2 3. DESIRED ZONING OF SUBJECT PROPERTY: ❑ SR ❑ R -I ❑ R-2 X R-3 ❑ B -I ❑ B-2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ORD ❑ M-1 ❑ M-2 4. EXISTING FUTURE LAND USE DESIGNATION: Low Density Residential ❑ Mixed Residential ❑ Community Mixed -Use ❑ Commercial Mixed -Use ❑ CBD Commercial Core ❑ Regional Commercial ❑ Industrial 5. DESIRED FU PURI; 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: Transportation Rights -Of -Way X Police And Fire Protection J@ Parks And 'I'rails N Schools Water X Sewer If Storm Drainage X Electricity Oil Natural Gas ! Telephone f"W Cable TV PART III - REQUIRED ATTACHMENTS 7. 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 8-112" by I l" and 11" by 17" format and to a standard en ineerin scale e.. 1:20). 8. 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 includin ,far text amendments the specific text sought to be added or amended. (attach) 9. WRITTEN NARRATIVE (required. see attached): (stating the reasons for the request for the amendment and explain ing P..... E�_. __ - meets the criteria in YMC 16.10.040)-.- w- how t e ro osed amendment me ri _ 10. TRAFFIC CONCURRENCY (may be required) 11. ENVIRONMENTAL CHECKLIST (required) 12. SITE PLAN 13. AUTHORIZATION: I hereby authorize the submittal of this Comprehensive Plan Amendment Application to the City of Yakima for review. .... // Property.... m_.-_..... _._.a-. � ............. .m _-. _s �.,,..a__.�m.w.. ......� 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 02/2018 Pag;tw Q 4 [210C. INOEX o 5 RIECEIVED PART IV — COMPREH.ENSIVE PLAN NARRATIVE APR a � CITY OF YAKIMA lw. N lv A. Does our proposal address circumstances that have changed since the last time the relevant coni rehens ve" darts may or text was considered? how? History — This comprehensive plan amendment is being requested to replace a previously approved comprehensive plan amendment. In April 2012, West Valley Nursing Homes, Inc., applied to have the subject property land use designation changed from Low-density Residential to Multi -family Residential and rezoned from Single-family Residential to Multi -family Residential to establish a future senior living facility at the site. In September 2012, the Yakima City Council approved the land use request subject to a Development Agreement (AF# 7797685 see attached) that limited development on the property to the intended use of a senior living facility. It should however, be noted that the current Future Land Use Map has the property designated Low-density Residential. Since that time, West Valley Nursing Homes, Inc. has reevaluated their desire to locate a senior living facility at this site and has determined that it will not proceed with the future project. However, since the time of approval, the Official City of Yakima Zoning Map has been changed to indicate that the property is zoned Multi -family Residential (R-3) in accordance with the Development Agreement. This has generated a number of different parties inquiring about the property its development status. Unfortunately, West Valley Nursing Homes, Inc. has had to inform perspective purchasers that the property cannot be used for all multi -family residential development but is limited to a senior living facility only. Based on the number of requests to purchase the property since 2012 because the Official City of Yakima Zoning Map shows the property zoned Multi -family Residential, West Valley Nursing Homes, Inc. now desires to have the Development Agreement vacated and make application to have the comprehensive plan land use designation be Mixed Residential and rezone the property to Multi -family Residential (R-3). Yes, this proposal addresses circumstances which have changed since the last time the relevant comprehensive plan map was considered, which was 2017. The owner of this property just missed the 2016/2017 comprehensive plan update cut-off to submit an application to the City and has had to wait 2 years to submit this comprehensive plan map amendment. Changed circumstances have occurred, or were occurring, during the 2016/2017 Comprehensive Plan Update regarding high-density land use designations. The changes are described in "D" below and indicate that the deficiencies in the comprehensive plan have caused a change in circumstances. To understand these changed circumstances, it is necessary to review the current high density multi -family options which are described in "13" WY OF YAKIMA 13. Doesour )ro oral better hu lement applicable com rehensive plan policies than the current relevant comprehensive plan map or text? If so how? Yes, this proposal better implements applicable comprehensive plan policies than the current relevant comprehensive plan map because the proposal will provide additional property that is designated Mixed Residential without the encroaching into other zoning districts to provide multi -family residential opportunities. This proposal better implements applicable comprehensive plan policies than the current relevant comprehensive map because the proposal will provide additional multi -family residential land to an area (West Valley) where the inventory of commercial land is insufficient to accommodate the demand. The proposal better implements the applicable plan policies because it meets the purpose of the Mixed Residential land use designation at 2.2.2 of the comprehensive plan by providing: "The proposal meets the locational criteria of the comprehensive plan because the subject p�rol)erty is located within established low densi_q residential. communities and in other parts of the Ci that are inappropriate for more intensive urban development due to the topography or other land suitability challenges and/or the desire to create lower intensity transitional areas between the Ciq and the surrounding unincorporated rural pasture, foothills and agricultural land". The proposal better implements the applicable plan policies because it meets the following goals and policies (as applicable): Goal 2.3 — Residential Uses. Preserve and enhance the quality, character and function of Yakima's residential neighborhoods. Policy 11 — Provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population. B. Standard single-family. Continue to allow for detached single family dwellings in residential districts. C. Small lot single family. Allow for small lot single family development (lots smaller than 6,000 square feet) in special circumstances, including: -- On infill sites in the R-2 and R-3 district provided they comply with traditional neighborhood concepts. Consider reducing the lot size minimum for small lot single family in the R-2 district to 5,OOOsf and 4,OOOsf in the R-3 district. E. Duplexes. Continue to allow duplexes in appropriate residential zones, provided density standards are met. DOC. INDEX H. Walk up apartments and stacked flats. Encourage these housing types in the R-2 RECEIVED and R-3 zones and commercial/mixed zones. Pglic2 3_.2 — Preserve and enhance established residential neighborhoods. Specifically APR 3 0 2018 (as applicable): CITY OF YAKWA A. Ensure that new development is compatible in scale, style, density and aesthetic 1 Wt ° v, quality to an established neighborhood. E. Carefully review proposed land use designation changes to more intensive residential designations, mixed-use or industrial. Specifically: -- Proposals should conform to locational criteria set forth for the desired designation in the applicable policies under Goal 2.2, -- Is the site physically suited for the proposed designation? -- Is the desired zone one of the implementing zones of the land use designation (per applicable policies under Goal 2.2)? -- Avoid spot zones or similar changes that may create instability with the surrounding neighborhood. Proponent Comment — This proposal implements the comprehensive plan better than the current designation because it will provide an opportunity for a variety of housing types to occur. Just because a property is designated and zoned for multi -family residential purposes doesn't mean that apartments will be constructed. The R-3 zoning district permits single-family, duplex and multi -family development or a combination of all three residential uses. The property adjoins Apple Tree Resort on the north and west and will create a transitional area between the resort and other land uses to the east and south. The site can accommodate multi -family residential development and is physically suited for the proposed designation. Multi -family Residential Zoning R-3, would implement the Mixed Residential land use designation as required by the comprehensive plan. This would not be a spot zone, as the property abuts commercial zoning to the west at Apple Tree, local business B-2 zoning. Multi -family zoning (R-3) is a typical transitional zoning district between commercial and residential land use designations and zoning districts. For these reasons, this proposal better implements applicable plan policies than the current relevant comprehensive plan map. C. Does your Proposal correct an obvious mapping error? If so how? No, it does not appear that an obvious mapping error occurred. This is a voluntary request on behalf of the property owner, which complies with the annual comprehensive plan update, recognizes recent land use developments, recognizes land use trends, promotes economic development and provides an opportunity for a variety of housing types to occur. RECEIVED APR 3 0 2018 CITY OF YAKIMA I,.Y.,.,`.tlV ,.IV D. Does your proposal address and identified deficiency in the Comprehensive Plan? ll'so, what is the defic.iene This proposal does involve an identified deficiency in the comprehensive plan. The West Valley Area (including the Yakima Urban Area under county jurisdiction in this area) currently has a total of about 17 parcels of property that are designated High-density Residential that total about 256 acres. Of those 256 acres, approximately 230 acres are currently zoned Multi -family Residential and 27 are designated High-density but not zoned multi -family residential. Of those 230 acres zoned multi -family residential, approximately 167 acres are owned by Congdon Orchards or its subsidiaries. The balance of about 63 acres is owned by Summit Crest, Westwood West Golf Course, Apple Tree Resort and three other property owners. The review further indicates that the Summit Crest's properties (27 acres designated but not zoned and 30 acres designated and zoned) have difficulty gaining access to public water and sewer services due to their far distance from the utilities and/or problems with topography do not permit sewer service extensions at this time. The majority of the property is owned by Congdon Orchards (167 acres) and is either planted in orchard or hops, both long-term crops that are not likely to be removed anytime soon as both the orchards and hops are new plantings. The next largest land owner with multi -family zoned property is Westwood West Golf Course (15 acres) which is waiting out an Open Space commitment prior to developing any of their multi -family zoned property. Thus, a balance of 18 acres zoned for multi -family which can be readily served with infrastructure and ready for development is a deficiency in the plan, as this is not enough to accommodate the West Valley Area until 2040. A deficiency in the plan also exists because too much multi -family development property is owned by too few property owners. These property owners have designated the property for other long-term land uses, mainly agriculture or recreation. This deficiency has consequences. In this case, the consequences have been the removal of approximately 25 acres of property from the General Commercial zoning district to accommodate the Lodges at West Valley multi -family development and construct 438 apartment units. Converting commercial property to multi -family use just reduces the amount of available commercial property in the future. So, the current high-density residential deficiency may affect other zoning districts which permit multi -family development through Class 2 or Class 3 Review and reduces the amount of land in other zoning districts. Under the scenario above, it is necessary to wait for property to become available for development or no development occurs. This exacerbates the deficiency and causes the change in circumstances described in "A" above. Based on the above facts, there is a deficiency in the current comprehensive plan. INDEX, C— Jc~ rRECEIVED APR 3 0 2018 CITY OF YAKIM A ... �;'...' . V. F. is the proposed. Coln tµehensive Plan .Amendment coordinated with and take into consideration the comprehensive phins adopted by Yakima County or cities with which the Cfty of Yakima has in part, common borders or related re ional issues as my lie re aired by RCW 36w70A.100�? It so how? Yes, this proposal is consistent with RCW 36.70A.100. This application is part of annual comprehensive plan update process for the Yakima Urban Area Comprehensive Plan. The City of Yakima coordinates this update with Yakima County and/or cities with which the City of Yakima has, in part, common borders or related regional issues for consistency between the jurisdictions. F. Is the proposed Comprehensive Plan Amendment consistent with the Gt~owth Management Act (GMA), RCW Ch. 36.70A and the Yakima Conn -wide Planning Policy CW111P if so how'd Yes, this proposal is consistent with the Growth Management Act and the Yakima County -wide Planning Policy because the proposal directs urban growth to an existing urban area (within City Limits first) and encourages infill in an area where all urban level services and facilities are currently provided or can easily be extended. The proposal reduces sprawl and is served with an adequate transportation system. Yes, this proposal is consistent with the Growth Management Act and the Yakima County -wide Planning Policy because the proposal directs urban growth to an existing urban area (within City Limits first) and encourages infill in an area where all urban level services and facilities are currently provided or can easily be extended. The proposal reduces sprawl and is served with an adequate transportation system. This proposal also encourages economic development in the urban area and provides jobs and goods and services for the surrounding neighborhood and the general Yakima Area. G. Have the cumulative impacts of all comprehensive plan amendments beep. considered in the evaluation of the proposed amendment? if sty how? Yes, all cumulative impacts of all comprehensive plan amendments have been considered in the evaluation of the proposed amendment. This is the first year since the adoption and update of the previous comprehensive plan, so all comprehensive plan amendments starting this year are new to the existing comprehensive plan. This particular area has seen a substantial amount of re -development with older businesses being removed by economic forces and new businesses replacing them. Thus, the impacts in this area were taken into consideration when the comprehensive plan was recently updated and renamed "We are Yakima — Comprehensive Plan 2040". This was an exhaustive process that took INDEX # C- 5____ at least 2 years and considered and evaluated all comprehensive plan amendments into a RECEIVED single document up to that tirne. These current updates will, be evaluated by staff, citizenry and the City Council of Yakima to determine and evaluate the cumulative APR 3 0 20J8 impacts of the proposed amendment. CITY OF YAKIMA H. For Future Land Use Map clan es please provide descriptive information regarding the property, including the status of existing land use, access to sewer and water, as well as the availabifi!y of public facilities such as schools, fire and police services. The subject property consists of five parcels totaling approximately 21 acres. The site contains 4 single-family residences, pasture, miscellaneous agricultural outbuildings and a small orchard. All urban services and facilities are available to the property, or can easily be extended to the property, as needed. Doinestic water (12 -inch main) and sewer lines (16 -inch main) are located along South 86"' A VC]lUe and are of adequate size to acconiniodate multi family development. The property has direct access to Smith 851h & 86th Avenues and Occidental Road. Electricity and telephone are currently located on- site and the property is protected by the Yakima Fire Department and Police Department. DOC. INDEX #_ C-5. RECEIVED APR 3 0 20i8 CITY OF YAKIMA c.C,'.,...'. DIV. i &a a% „ Supplemental Application For: REZONES a yry of YAh t, YAKIMA MUNICIPAL CODE CHAPTER 15.23 Planning PART Il - APPLICAATION INFORMATION 1. EXISTING ZONING OF SUBJECT PROPERTY: ❑ SR ❑ R -I ❑ R-2 R-3 ❑ B -I ❑ B-2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M -I [J M-2 2. DESIRED ZONING OF SUBJECT PROPERTY: ❑ SR ❑ R-1 ❑ R-2 N 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): ❑ SR R -I ❑ R-2 ❑ R-3 ❑ B -I FRI 13-2 ❑ HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ M-2 4, EXISTING FUTURE LAND USE DESIGNATION: I� Low Density Residential ❑ Mixed Residential ❑ Community Mixed -Use ❑ Commercial Mixed -Use ❑ CBD Commercial Core ❑ Regional Commercial ❑ Industrial 5. PROPOSED FU'T'URE LAND USE DESIGNATION: Is there a proposed change to the Future Land Use Map? 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: Transportation ro Rights -Of -Way Police And Fire Protection Parks And Trails Schools Water X Sewer 01 Storm Drainage Electricity Natural Gas 01 Telephone Cable TV PART III - REQUIRED ATTACHMENTS 7. WRITTEN NARRATIVE (required): (stating the reason for the request for the rezone, explaining how the proposed amendment meets the proposed rezone request) 8. ENVIRONMENTAL CHECKLIST (required) 9. TRAFI IC GONCUR .... _...... - m. .... _._w.--- RENCY (may be required) I 10. SITE PLAN (required if the rezone is associated with land use development) 11. AUTHORIZATION: I hereby authorize the submittal of this Rezone or Text Amendment Application to the City of Yakima for review. operty Owner Signature (required) d) Date Note: if you have any questions about this process, please contact us City of Yakima, Planning; Division, 129 N. 2nd St., I.Yakima, WA or 509-575-6183 Revised 02/2018 Page 16 ®OC. INDEX wawa a a VLIw'%� Supplemental Application For: 707 ZAVAFIL'%L%L REZONES H Y OF r, AW� A YAKIMA MUNICIPAL CODE CHAPTER 15.23 3 � to l i n gI� I (( 0Y PART IV - NARRATIVE I. How is the subject property suitable for uses permitted under the proposed zoning? See attached written narrative What is the status of existing land use? See attached written narrative J. How is the rezone request in compliance with and/or how does the request deviate from the Yakima Urban Area Comprehensive Plan? See attached written narrative K. 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? See attached written narrative 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? See attached written narrative L. How is the proposed zone change compatible with the existing neighboring uses? See attached written narrative What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space traffic flow alteration, etc.? See attached written narrative M. What is the public need for the proposed change? See attached written narrative 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 02/2018 Page 8 ? INDEX' r" C-5 RECEiV ED APR 3 0 208 PART IV - REZONE NARRATIVE CITY OF YAKIMA LN, 1. flow is the subject proper!y proper!suitable for uses permitted under the proposed zoning? The property is well suited for all residential uses permitted under the proposed zoning Multi -family Residential (R-3) zoning district. The property is relatively flat in the northern area and gently slopes to the south. The property is served with domestic water and sanitary sewer along its west property line and can easily be extended to and through the property, The property fronts Occidental Road, an urban arterial along the north property line and South 85th & 86th Avenues along to the west. The property also lies near and adjacent to Apple Tree Resort, which is a mixed use residential development and golf course. This proposal would be compatible with that concept. The above circumstances make the property suitable for the permitted land uses of the multi -family zoning district. What is the status of the existing land use? The subject property consists of five parcels totaling approximately 21 acres. The site contains 4 single-family residences, pasture, miscellaneous agricultural outbuildings and a small orchard. All urban services and facilities are available to the property, or can easily be extended to the property, as needed. Domestic water (12 -inch main) and sewer lades (16 -inch main) are located along South 86th Avenue and are of adequate size to accommodate multi -family development. The property has direct access to South 851h & 86th Avenues and Occidental Road. Electricity and telephone are currently located on- site and the property is protected by the Yakima Fire Department and Police Department, J. How is the rezone request in compliance with and/or how does the re uest deviate from the Yakima Ut-ban. Area Comprehensive Plan? The rezone request is in compliance with the City of Yakima Comprehensive Plan 2040 because the proposed rezone meets the intent of the Mixed Residential land use designation at 2.2.2 of the comprehensive plan by providing: "'The proposal meets the locational criteria of the cone rehensive plan because the subject Propeut is located within established low density residential communities an(] in other, parts of the Cit that are inapl2ro riate for more intensive urban develo mient due to the to po ra h or other land suitabili challenges and/or the desire to create lower intensity transitional areas betwecn the Ci and the surrounding unincor orated rural pasture, foothills and a gricultuiµal land". D 11 EX C-5 RECEiVED The proposal better implements the applicable plan policies because it meets the APR 3 Q ZOia following goals and policies (as applicable): CITY OF YAKIIWA da- nIV. Goal 2.3 — Residential Uses. Preserve and enhance the quality, character and function of Yakima's residential neighborhoods. Polices — Provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population. B. Standard single-family. Continue to allow for detached single family dwellings in residential districts. C. Small lot single family. Allow for small lot single family development (lots smaller than 6,000 square feet) in special circumstances, including: -- On infill sites in the R-2 and R-3 district provided they comply with traditional neighborhood concepts. Consider reducing the lot size minimum for small lot single family in the R-2 district to 5,OOOsf and 4,OOOsf in the R-3 district. E. Duplexes. Continue to allow duplexes in appropriate residential zones, provided density standards are met. H. Walk up apartments and stacked flats. Encourage these housing types in the R-2 and R-3 zones and commercial/mixed zones. Policy 2.3.2 — Preserve and enhance established residential neighborhoods. Specifically (as applicable): A. Ensure that new development is compatible in scale, style, density and aesthetic quality to an established neighborhood. E. Carefully review proposed land use designation changes to more intensive residential designations, mixed-use or industrial. Specifically: -- Proposals should conform to locational criteria set forth for the desired designation in the applicable policies under Goal 2.2. -- Is the site physically suited for the proposed designation? -- Is the desired zone one of the implementing zones of the land use designation (per applicable policies under Goal 2.2)? -- Avoid spot zones or similar changes that may create instability with the surrounding neighborhood. Proponent Comment — This proposal implements the comprehensive plan better than the current designation because it will provide an opportunity for a variety of housing types to occur. Just because a property is designated and zoned for multi -family residential purposes doesn't mean that apartments will be constructed. The R-3 zoning district permits single-family, duplex and multi -family development or a combination of all three residential uses. The property adjoins Apple Tree Resort on the north and west and will create a transitional area between the resort and other land uses to the east and south. The site can accommodate multi -family residential development and is physically suited for the proposed designation. Multi -family Residential Zoning R-3, would implement the Mixed Residential land use designation as required by the comprehensive plan. This would not be a spot zone, as the property abuts commercial zoning to the west at Apple Tree, local business B-2 zoning. Multi -family zoning (R-3) is a typical transitional zoning district between commercial and residential land use designations and zoning districts. ECEiViE® For these reasons, this proposal better implements applicable plan policies than the APR current relevant comprehensive plan map. 0 20 iB CITY YAKIMA �,atiM Div. K. Are there ade nate public facilities such as traffic capacity,sewer services potable water, stormwater drainage, schools fire and police services and other public services atad infrastructure existing on the and around the subject property? All urban services and facilities are available to the property, or can easily be extended to the property, as needed. The subject property is served with domestic water (12 -inch main — Nob Hill Water Co.) and sewer lines (16 -inch main — City of Yakima) are located along South 86th Avenue and are of adequate size to accommodate nwiti-family development. The property has direct access to Soutli 85"' & 86th avenues and Occidental Road. Electricity and telephone are currently located on-site and the property is protected by the Yakima Fire Department and Police Department. The property lies within the West Valley School District. 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? Yes, this property can be served with the existing facilities capable of supporting the most intensive uses, as the site is served by a 16 -inch sanitary sewer main and 12 -inch water main. If any service or facility deficiency exists in the delivery of services to this property, necessary mitigation will take place by the developer to ensure adequate public services and facilities are in place at his/her/their expense through future SEPA and land use concurrency requirements, upon the development of the property. 1".. flow is the proposed gone change compatible with the existing nei ghborin uses? The proposed zone change is compatible with existing neighboring land uses because surrounding properties that lie directly to the north and west are generally under the same ownership of Apple Tree Resort. Under this scenario, open space is likely to remain to the north as it is part of the resort and existing commercial property to the west is likely to develop commercially which is consistent with multi -family zoning. Zoning the subject property high-density residential will provide transitional zoning between the commercial activities in the commercial zone and residential uses to the east and sotath RECEIVED t" 3 t j CITY OF YAKIMA Property to the south of the subject property is lower in elevation and separated from the subject property by the McGonagle Ditch and other property owned by the proponent. Vacant property (which lies within Yakima County jurisdiction), a fairly steep slope and the ditch add distance between properties lying north and south of the ditch. In essence, a natural buffer between the uses occurs due to these physical features. Property to the northeast and east contain single-family residences, a commercial storage facility and vacant land. The residences are generally located on large lots, as if in a rural setting, although the properties are within the Yakima City Limits. Compatibility between any proposed land use on the subject property and existing land uses depends what type of development occurs on the property and at what location on the property. Under this scenario, compatibility between uses will be maintained through project permitting and additional site specific plan review once a formal application is submitted. This will ensure compatibility between existing uses and future uses. This is the normal process for a non -project rezone application but ensures that future construction on the property is compatible with neighboring land uses. What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space, traffic flow alteration, etc.? No mitigation is proposed as part of this rezone request. However, appropriate mitigation is built into the SEPA and zoning codes through regular site plan approval once a specific project is proposed. Required mitigation to address compatibility would be implemented at that time. M. Whitt is the public need for the proposed change? The public need arises from the fact that it is difficult to find appropriately zoned property for additional multi -family residential projects even after the most recent comprehensive plan update. The West Valley Area (including the Yakima Urban Area under county jurisdiction in this area) currently has a total of about 17 parcels of property that are designated High-density Residential that total about 256 acres. Of those 256 acres, approximately 230 acres are currently zoned Multi -family Residential and 27 are designated High-density but not zoned multi -family residential. Of those 230 acres zoned multi -family residential, approximately 167 acres are owned by Congdon Orchards or its subsidiaries. The balance of about 63 acres is owned by Summit Crest, Westwood West Golf Course, Apple Tree Resort and three other property owners. The review further indicates that the Summit Crest's properties (27 acres designated but not zoned and 30 acres designated and zoned) have difficulty gaining access to public water and sewer services due to their far distance from the utilities and/or problems with topography do not permit sewer service extensions at this time. The majority of the 00C. . INDEXn #ter C - 5. w'w;udAa RECE ED property is owned by Congdon Orchards (167 acres) and is either planted in orchard or APR a 11 r hops, both long-term crops that are not likely to be renioved anytime soon as bode the orchards and hops are new plantings. The next largest land owner with multi liarnily CIS OF YAKIMA zoned property is Westwood West Golf Course (15 acres) which is waiting oul an Open Space commitment prior to developing any of their multi -family zoned property. Thus, a balance of 18 acres zoned for multi -family which can be readily served with infrastructure and ready for development is a deficiency in the plan, as this is not enough to accommodate the West Valley Area until 2040. A deficiency in the plan also exists because too much multi -family development property is owned by too few property owners. These property owners have designated the property for other long-term land uses, mainly agriculture or recreation. This deficiency has consequences. In this case, the consequences have been the removal of approximately 25 acres of property from the General Commercial zoning district to accommodate the Lodges at West Valley multi -family development and construct 438 apartment units. Converting commercial property to multi -family use just reduces the amount of available commercial property in the future. So, the current high-density residential deficiency may affect other zoning districts which permit multi -family development through Class 2 or Class 3 Review and reduces the amount of land in other zoning districts. Under the scenario above, it is necessary to wait for property to become available for development or no development occurs. This exacerbates the deficiency and causes a need for additional multi -family residential property to be added to the land use inventory to accommodate multi -family residential growth into the 2040, as contemplated by the comprehensive plan. Secondly, the City has provided the necessary infrastructure for this specific type of development (i.e. major arterial roadways, easy access to the transportation network, adequate water and waste water lines). The public expects a variety of housing and multi -family zoning provides that variety within a single zoning district (single-family, two-family and multi -family). This rezone meets that public need and perspective, while using the infrastructure provided for residential development to locate at this location. Based on the above, a public need exists for additional multi -family residential zoning in the City of Yakima and West Valley Area. ®OC. HORDAN PLANNING SERVICES � �� cap 410 North 2 Street, Yakima WA 98901 4 �v Telephone: (509)249-1919 June 19, 2018 Ms. Joan Davenport, AICP, Community Development Director Mr. Trevor Martin, Associate Planner City of Yakima, Planning Division 129 North 2"d Street 2"d Floor Yakima, Washington 98901 RE: CPA#005-18, RZ#006-18, SEPA#008-18 — West Valley Nursing Homes Inc. Dear Ms. Davenport and Mr. Martin: There was a misinterpretation of the facts between Hordan Planning Services and the General Manger of West Valley Nursing Homes Inc., regarding certain aspects of the above referenced file. Please find attached a Supplemental Written Narrative that clarifies the position of West Valley Nursing Homes Inc. If you have any questions, please contact me at 249-1919. Sincerely, 5W Bill Hordan INDEX — W, JUN 119 2018 CITY %_ YAKIMA SUPPLEMENTAL NARRATIVE DIV. This supplemental narrative is to clarify some misinterpretations between the Planning Consultant, Hordan Planning Services — Bill Hordan, and the General Manager of West Valley Nursing Homes regarding the "History" portion of the application under Part IV, Letter A of the Comprehensive Plan Narrative. During application preparation, there were discussions between the Planning Consultant and the General Manager indicating that "some" Board Member's of West Valley Nursing Homes would like to explore their options for the subject property. One specific option was to have the property rezoned to Multi -family Residential (R-3) and have the Development Agreement removed from the property. The Development Agreement was never the Board's desired outcome when the property was rezoned in 2012. Many of the current board members have been through the Comprehensive Plan and Rezone processes outside their role as board members at West Valley Nursing Home and understand that the process takes time and is only done once a year. This year, it is their desire to have the Development Agreement removed from the property and have the land use designation changed and the property rezoned to Multi -family Residential (R-3). Based on the above information and other discussions between the Planning Consultant and the General Manager, it was assumed by the Planning Consultant that the construction of a retirement community at this site was no longer a reality and that the property would be placed for sale. However, after the public notice was sent out by City Planning and reviewed by the General Manager and Board Members, the General Manager contacted the Planning Consultant and indicated the "History" portion of the narrative was in error. In fact, there is a strong desire that the retirement community will be constructed in the future and the project has not been abandoned. The Planning Consultant understood that when it was stated that "some" board members wanted to explore other options, this meant that the property would not be developed and the property would most likely be put up for sale, which was not a correct understanding. The General Manager has clarified to the Planning Consultant that this year's request (2018) is the same as the 2012 request, to have the property rezoned to Multi -family Residential (R-3) without a Development Agreement that limits the use of the property. He feels this request better reflects their desired outcome for the property. RESOLUTION NO. R-2012-155 A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Wayne Clasen and Apple Land Investments, LLC (hereinafter "Property Owner"), to implement a Property Use and Development Agreement (hereinafter "Agreement") WHEREAS, the City of Yakima (hereinafter "City") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.706.170 - .210; and WHEREAS, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of the Yakima Urban Area Zoning Ordinance, which originally zoned the subject property (hereinafter "Property") Single - Family Residential; and WHEREAS, the Property Owner has applied for Comprehensive Plan Amendment (hereinafter "Amendment") to the Future Land Use Map of the City's Comprehensive Plan to High Density Residential and to concurrently rezone to R-3, Multi -family Residential approximately 19.5 acres of land, legally described in Exhibit "A", attached hereto and incorporated herein by this reference, located in the vicinity of Occidental and 84th Avenues, Yakima, Washington; and WHEREAS, on June 5, 2012, the City issued a Notice of Application, Environmental Review, and Public Hearing for the Amendment; and WHEREAS, on July 13, 2012 the City issued a Final Mitigated Determination of Nonsignificance for compliance with the State Environmental Policy Act; and WHEREAS, on August 8 and August 22, 2012 the City of Yakima's Planning Commission (hereinafter "Commission") conducted an open -record public hearing regarding the requested'Amendment; and WHEREAS, on September 12, 2012, the Commission issued their findings, and conclusions regarding CPA#006-12, RZ#006-12, and SEPA #018-12; recommending that the requested Amendment be approved, subject to an Agreement limiting the use of the property to the development of a multi -family senior living and senior care residential ii facility, together with accessory and incidental uses. WHEREAS, at a closed -record public hearing held on October 2, 2012 the City Council (hereinafter "Council") considered the requested Amendment, including the documents and other evidence, which comprise the record developed before the Commission, and the statements and comments of interested persons and voted to accept the Commission's recommendations and adopted the Ordinance (R-2012-35) approving the requested Amendment subject to the Agreement; and WHEREAS, the Agreement is intended to satisfy the obligations as set forth in the adopted Ordinance; and WHEREAS, the City has determined that the Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, amongst other things, .i implement the conditions of the Ordinance, eliminate uncertainty over development of the Property, provide for orderly development consistent with the City's current Comprehensive Plan and zoning for this Property, mitigate environmental impacts, and otherwise achieve the „goals and purposes for which the Development Agreement Statute was enacted; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Agreement, Exhibit "B", attached hereto and incorporated herein by this reference. The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety, and general welfare, and that the provisions of this Agreement, are consistent with the approved Comprehensive Plan Amendment and rezone. ADOPTED BY THE CITjY COUNCIL at a regular meeting and signed and approved this 11th day of December, 2012. Micah Caw y, Mayor ST - City Clerk z . Re urn Addres ss 1111111111111111111111111111111111111111111111 IN III FILE# 7797685 YAKIMA COUNTY, WA 03/29/2013 02:54:16PM AGREEMENT PAGES: 7 CITY OF YAKIMA CLERK HALVORSON NW Recording Fee: 78.00 Expedite Fee: 50.00 Document I Title•! mm�o it v, ol D�e-�e� C�9r�W1e-4 Reference #'s Additional reference #'s on paga .. Grantors Additional grantors on page Document 2 Title Reference #'s: Additional rel'erence #'s on page Grantors:: Additional grantors on page Grantees Grantees additional grantees on page additional grantees on page Legal Description (abbreviated form i e lot, Ibk, plat or S,T,R quarter/quarter) �p -�� Cvy Loi a and Ste-&t.�wn I�. N 19 'ek)�� Lo fsla rid Additional legal is on page Assessor's Property Tax Parcel/Account Number w _ IIIt I ! / dW 0 — 7q 4 7 f�. Emergency nonstandard document recording: I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. �" , Signature awn -'- f .._._ - The Auditor/Recorder will rely on the information provided on the form The staff will not read the document to veriiy the accuracy or completeness ol'the indexing information provided herein N After ecording. eturn to. Sonya Claar Tee City Clerk City of Yakima 129 N 2"d Street Yakima. WA 98901 PROPERTY USE AND DEVELOPMENT AGREEMENT Grantor- West Valley Nursing Homes, Inc Grantee The City of Yakima Abbreviated Legal Description, Ptn Gov Lot 2 and 3, Sec 6, Twn 12 N Rng 18, EWM, Lots 1 and 2 of SP 7947 Complete Legal is located on page 5 of the document. Assessor's Tax Parcel ID #: - 181206-21001, -21005, -21007, -21401, and -21402 THIS PROPERTY USE AND DEVELOPMENT AGREEMENT ("Agreement") is executed as of this 5th day of March, 2013, in favor to the CITY OF YAKIMA, a Washington Municipal Corporation (the "City''), by WEST VALLEY NURSING HOMES, INC ("Owner"). RECITALS A. WEST VALLEY NURSING HOMES, INC is the owner of five (5) parcels of real property legally described in Exhibit A. The property is located in the City of Yakima and was zoned Single-family Residential (R-1) Exhibit B to this Agreement shows the location of the property and the area that has been rezoned B. On or about April 30, 2012, WAYNE CLASEN and APPLE LAND INVESTMENTS, LLC submitted to the City an application for redesignation and rezoning of the five (5) parcels of real property Parcel Nos 181206-21001, -21005, -21007, - 21401 and -21402 The approximate area of the redesignation/rezone was 19 5 acres The application requested redesignation of the property from Low Density Residential to High Density Residential on the Future Larid Use Map of the Yakima Urban Area Comprehensive Plan and rezoning of the property from Single -Family Residential (R-1) to Multifamily Residential (R-3) The Rezone would allow the land to be used for the Property Use and Development Agreement - 1 Grantor West Valley Nursing Homes, Inc Grantee City of Yakima INDEX :y development of a multi -family senior living and senior care residential facility, together with accessory and incidental uses C. Yakima City Planning Commission ("Planning Commission") conducted an open record public hearing on August 8, 2012. Planning Commission deliberated on the application, and issued a recommendation to approve the land use redesignation and rezone subject to development and execution of a Property Use and Development Agreement which limited permitted uses to a senior living and care community together with all accessory, supporting and incidental uses D. City of Yakima approved the land use redesignation and rezone on October 2, 2012, with adoption of Ordinance No 2012-035 This Property Use and Development Agreement is prepared in accordance with conditions set forth in Ordinance 2012-035. E. WEST VALLEY NURSING HOMES, INC purchased the subject property from WAYNE T CLASEN and APPLE LAND INVESTMENTS, LLC on or about December 21, 2012, such purchase being subject to conditions set forth in Ordinance 2012-035 and recordation of this Property Use and Development Agreement. NOW, THEREFORE, in consideration of the mutual agreements contained herein, the parties agree as follows 1. Agreement, Pursuant to Ordinance 2012-035, Owner hereby covenants, bargains and agrees, on behalf of themselves and their successors and assigns, that it comply with the following limitation and condition in consideration of the Rezone Future development of the Property shall be for a senior living and care community Permitted uses shall include independent living facilities, structures and buildings, assisted living facilities, senior care and convalescent facilities, adult care group homes, retirement homes, caretaker dwellings, and similar residential and care facilities of any type or nature Permitted uses shall also include accessory, supporting and incidental uses for the senior living and care community including community center, restaurants, salons, parking, walkways, maintenance and storage facilities and all other similar uses reasonable or necessary to serve or care for community residents 2. Agreement Runs with the Land. This agreement shall be recorded in the real property records of Yakima County The covenants hereof shall be deemed to attach to and run with the Property and shall be binding upon the Owner, its heirs, successors and assigns, and shall apply to after-acquired title of the Owner in the Property Property Use and Development Agreement - 2 Grantor- West Valley Nursing Homes, Inc. Grantee City of Yakima INDEX e,-- C,- L_ 3. Termination. The covenants herein shall remain in effect until the Council changes the zoning designation for the property amends the agreement or upon the mutual consent of City and Owner. 4. Amendment. This Agreement may be amended or modified by agreement between Owner and City; provided, such amendment shall be approved by the legislative authority of the City through applicable legal process. 5. Exercise of Police Power. Nothing in this agreement prevents the City Council from making such further amendments to the Yakima Municipal Code or Urban Area Zoning Ordinance as it may deem necessary in the public interest. 6. No Precedent. The conditions contained in this Agreement are based on the unique circumstances applicable to this Property and the Agreement is not intended to establish precedent for other rezones in the surrounding area 7. Enforcement. City or Owner may institute and prosecute any proceeding at law or in equity to enforce this agreement. 8. Repeal as Additional Remedy. Owner acknowledges that compliance with the conditions of this Agreement is a condition of the Rezone City shall notify Owner of any violations and Owner shall have thirty (30) days to respond, correct or appeal the determination. In addition to pursuing any other remedy after notice and final determination, the City may revoke the Rezone by ordinance and require the use of the property to conform to the requirements of the Single- family Residential (R-1) zone, the original zoning of the Property prior to the Rezone. 9. Good Faith. City and Owner agree to work in good faith to further the intent of this Agreement that allows for development of an integrated senior living and care facility serving our community - The concept of senior living and care facility shall be broadly construed to allow a full range of housing and services designed to meet the needs of senior residents Executed as of the date first written above. WEST VALLEY NURSING HOMES, INC. By, Ca�noenenberg Its Executive Director CITY OF YAKIMA By, Its: Property Use and Development Agreement - 3 CITY CONTRAc r jto;/5, a„ Grantor West Valley Nursing Homes, Inc. RESOLUTION NO! w- W' — Grantee City of Yakima 0 STATE OF WASHINGTON .County of Yakima On this day of March, 2013, before me, personally appeared CALVIN GROENENBERG, individually, and to me as Executive Director of WEST VALLEY NURSING HOMES, INC , 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 he is authorized to execute the same instrument on behalf of the corporation. Witness my hand and official seal hereto affixed the day and year first above written. STATE OF WASHINGTON NIKOLA R. BENTLEY NOTARY PUBLIC CO!%4MISSION EXPIRES OCTOBER 15., 2013 STATE OF WASHINGTON County of Yakima NOTARY PUBLIC in and fof-ffie State of Washington, residing at My Commission Expires' On this day of March, 2013, before me, personally appeared individually, and to me as 'of CITY OF YAKIMA, the municipality that executed the foregoing instrument, "nd acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the same instrument on behalf of the muncipality Witness my hand and official seal hereto affixed the day and year first above written ,�+iNrlu�rr art r, iLS k- ° 1,,OC��..�*'" NOT' Y PUBLIC an for the State of Apr �, � � Wa Ington residing at My ommission Ex00 pires; ¢ 1�us^�641la. trr, nnprrvr'rmnrruCC) r t ''g, ramr� mr s.'nE; of ya6ima - piupercy use and development docx 4',i 10 a 14 m r Property Use and Development Agreement - 4 Grantor- West Valley Nursing Homes, Inc. Grantee City of Yakima 01C. EXHIBIT A LEGAL DESCRIPTION Legal Description: IN SECTION 6, TOWNSHIP 12 NORTH, RANGE 18 EAST WM, BEGINNING AT THE SOUTHWEST CORNER GOV LOT 2, THENCE EAST 280 FT, THENCE NORTH 020 10' WEST 105.2 FT, THENCE NORTH 280 50'20" WEST 145 8 FT TO TRUE POINT OF BEGINNING,THENCE SOUTH 280 50'20" EAST145 8 FT; THENCE SOUTH 170 14' 20" EAST 105 2 FT,THENCE WEST 1614 FT; THENCE NORTH 40 06' EAST 70 FT;THENCE NORTH 780 55' EAST 263 FT; THENCE NORTH 60 15EAST 62 FT, THENCE NORTH 89° 38' EAST 1319 FT MORE OR LESS TO THE TRUE POINT OF BEGINNING IN SECTION 6, TOWNSHIP 12 NORTH, RANGE 18 EAST WM, BEGINNING NORTH 89056'39" WEST 12 33 FT TO THE NORTHEAST CORNER OF GOVERNMENT LOT 3; THENCE WEST 30619 FT;THENCE SOUTH 215 3FT;THENCE EAST 305.67 FT;THENCE NORTH 22'30" EAST 316 52 FT TO THE POINT OF BEGINNING EXCEPT NORTH COUNTY ROAD RM/. IN SECTION 6; TOWNSHIP 12 NORTH; RANGE 18 EAST WM; BEGINNING 180.5 FT NORTH OF THE SOUTHEAST CORNER OF GOVERNMENT LOT 3; THENCE NORTH 890 30' WEST 1065 9 FT; THENCE NORTH 6° 15' EAST 519.6 FT, THENCE EAST 786 4 FT; THENCE SOUTH 215 3 FT THENCE EAST 305 6 FT, THENCE SOUTH 000 22'30" WEST 101 22 FT THENCE SOUTH 870 02'10" EAST 148 78 FT, THENCE SOUTH 01° 02' WEST 43 75 FT; THENCE SOUTH 530 33' EAST 42 92 FT THENCE SOUTH 280 50' 20" EAST 145.8 FT, THENCE WEST TO BEGINNING LOT 1 OF SHORT PLAT 7947 EXCEPT NORTHWEST 30X30 FT SITE TRIANGLE LOT 2 OF SHORT PLAT 7947 Situate in Yakima County, State of Washington Yakima County Assessor's Tax Parcel Nos. 181206-21001, 181206-21005, 181206-21007, 181206-21401 and 181206-21402. Property Use and Development Agreement - 5 Grantor West Valley Nursing Homes, Inc. Grantee City of Yakima D 111.11 1 11 � ,,, I l I —, o a, - " y,I l 11 11 al i.,— — I, . ,— &Ila RI.,, City ®f Yakima, Washington Fite CPA#006-12, 17,4006-12, SEPA#018-12 Number Appkart: Bill Hordan Planning Services Owner: Apple Land Investments/Wayne Clasen Request: Change the Future Land Use map designation for five parcels from Low Density Residential to High Density Residential and rezone from (R-1) to (R-3) to develop a retirement community campus. 1..ocadon: 8400 block of Occidental Road Parcel 18120621001,18120621005,18120621007,18120621401,18120621402 NuiI I of2 11101� Subject Area Site 5/7/20 1 2 4:3 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT, � ... Item No. For Meeting of: December 'I x. 20712 ITEM TITLE: Resolution authorizing a Development Agreement with Wayne Clasen and Apple Land Investments, LLC SUBMITTED BY: Bruce Benson - (509) 575-6042 Supervising Planner CONTACT Steve Osguthorpe, AICP - (509) 575-3533 PERSON/TELEPHONE: Community Development Director/Planning Manager SUMMARY EXPLANATION: The Ordinance approving the 2012 Comprehensive Plan Amendment and Rezone for the Apple Land Investments LLC/ Wayne Clasen application was approved subject to the adoption of a development agreement. This agreement stipulates that the property being rezoned would be limited in the future to a senior housing type of development. You are being requested to adopt this agreement as to form so that it might be executed by the incoming property owner and then signed by the city manager. Resolution X Contract: Contract Term: Insurance Required? No Funding Source: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Ordinance Mail to: Amount: Other Development (specify) Agreement Expiration Date: Phone: City Manager Approve the proposed Development Agreement as to its form and authorize the City Manager to sign this agreement on behalf of the city. BOARD/COMMISSION RECOMMENDATION: On September 12, 2012, the Yakima Planning Commission recommended the approval of this Comprehensive Plan Amendment and Rezone subject to a Development Agreement limiting property use to a senior housing development. ATTACHMENTS: Click to download ❑ Resolution ❑ Devg10 ni nt L�La�s�ejr t 2012 COMPREHENSIVE PLAN AMENDMENTS Yakima City Council Public Hearing CHAPTER E APPLE LAND 1NVFSTMENTSjNJ)w"-Vr4W*j MM -j CPA#006-12, RZ4006-12, SEPA#018-12 . ...... .... . . . ....... -- E-1 Land Use Application submitted for Coni Plan Amendment,, Wzonv, and SEPA Review with Narratives E-2 Environmental Checklist E-3 Maps: Future Land Use, Vicinity—,Mailin—...a" g,Aeri a1, Zoning, and Atlas E -3a Comment Letter from Gwen Clear, Dept of Ecology DST Review - Request for Comments and DST Distribution Li E -4 a: Comments received from Joe Rosenlund, Streets & Traffic Operations Manager I E -4b: Comments received from Kevin Futrell, Transit Division E -4c: Acknowledgement Letter received from Dept. of —Commerce — otice of Appli-c—ation, Environmental Review, and Y`PC Public Hearing Postcard Notice E -5b: Parties and Agencies Notified Affidavit of Maifiq� Land Use Action Instal-lation Certificate Noac'e—o"f De"ci s' i —on o- i -Final Determination of'"N' on Significance E -7a: Parties and Agencies Notified E -7b: Affidavit of Mal ling . . . . . . ....... . .. Legal Notice of YPC Public Hearing Published in Yakima Herald -R . .............. _- "'.e 1�iilam__a Planning Commission Agenda & Distribution List Staff Report DATE 04/30/2012 04/30i201_2 04/30/2012 06 i/30ii4f 2i6/18d612 06/20/2012 06/05/2012 07/02/2012 07/13/2012 07113/2012 08/08/2012 08/08/2012 DOC. INDEX JIM k J12611 V F, 0 ky Amendment Request Submitted by- Combined Staff Report Wayne Clasen and Apple Land CPA#006-12, RZ#006-12, Investments, LLC & SEPA #018-12 Low Density Residential Staff Contact: Bruce Benson, For Changes to the Future Land Use Supervising Planner and Zoning Maps of the City of Yakima 575-6042 Staff recommends to the Yakima City Planning Commission that this Comprehensi Plan map amendment and rezone request be approved. i 2UMMARY 0F REQUEST APPLICANT: Wayne Clasen and Apple Land Investments, LLV LOCATION: Vicinity of the 8400 block of Occidental Road PARCEL NOS- 181206-21001, 21005, 21007, 21401, and 21402 The a sil ikaiaafaf dl__%1116.11_�am��Tkn_l iculi Oil ipiiw ,, IL k It 01 -.agMkTjRT1(2 ff*1-1flVj:Mr4Mj M. = The proposal site currently has a Low Density Residential Future Land Use Ma� designation and' is zoned R-1 , Single-family Residenflal. The properties are currently in residential and/or agricultu4 use. M Location ZoniRq Land Use North R-1 Low Density Residential Golf Course/Residential South R-1 Low Density Residential Residential/Agriculture East R-1 Low Density Residential Residential/Agriculture West B -2/R-1 Local Business Golf Course This application involves five properties which when combined are approximately 19.5 acres in size. They are situated on the south side of Coolidge Road to the east of S 86 th Avenue and may be accessed from either street. There are single family homes on four of the five parcels together with several associated agricultural buildings. Apart from the home sites the majority of the properly is in orchard and the rest in pasture. roughly, the combined properties running from west to east are approximately 1520 feet in length and have a west to east slope of approximately 60 feet over that distance. From Occidental to the south there is also a pronounced slope which runs down to the south edge of the properties and the city limits. Continuing southward there is a drop-off into a gully which lies outside of this area in unincorporated Yakima County. The surrounding area has historically been agricultural and/or large lot residential. The development of Apple Tree Golf Course and its associated residential developments immediately to the west have greatly increased interest in this area and will no doubt hasten the change from predominately agricultural to more intensive residential and recreational development. At this time it does not appear that any of the properties are currently connected to city sewer or Nob Hill Water, however both services are available nearby. Public facilities provided include City of Yakima police, fire protection. In the application there is mention of a new senior living facility planned for this property. This use is oftentimes considered to be a "good neighbor" type of high density residential use, Probably fewer drivers than would be the norm for most apartments and no impact upon the school system. Not to discount this idea but it is stated elsewhere in the application that this rezone is non -project related. Consequently, just because a proposal is mentioned here it does not necessarily follow that the project will proceed as outlined. Consequently the question becomes is this property best suited for multi -family type development? COMMENTS RECEl El "Washin tonStatew Department of Ecology Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead and arsenic and for organochlorine pesticides. If these contaminates are found at concentration above the MTCA clean-up levels Ecology recommends that potential buyers be notified of their occurrence. ENVIRONMENTAL REVIEW Without a specific use or site plan to review there are not any significant adverse environmental impacts associated with this application. A Final Determination of Nonsignificance (DNS) was issued for this proposal on July 13, 2012. No appeal of the DNS decision was received during the 14 -day appeal period'. INDEX 2�w PUBLIC NOTICE Mailing of Notice of Application June 5, 2012 Posting of property July 3, 2012 Public Hearing Notice Published July 13, 2012 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 Urban Area Comprehensive Plan. 1610.949 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: (a) Address circumstances that have changed since the last time the relevant Comprehensive Plan or text was considered: There have been several changes as follows 1, The development and expansion of the adjacent Apple Tree property and golf course which extended sewer into the area. 2. The annexation of this land into the city of Yakima extending city police and fire services to the area. 3. The adoption of the West Valley Neighborhood Plan. Each of these changes has promoted the urbanization of this traditionally agricultural area. (b) Better implement applicable Comprehensive Plan policies than the current relevant Comprehensive Plan map or text; The proposal implements the applicable plan policies because it fulfills the following goal and policy: Yakima Urban Area Comprehensive Plan Goal 5.6: Ensure an adequate supply of affordable housing for persons with special needs. Policy 5.6.1: Support development of new units and the operation of existing units for housing persons with special needs. 'Y'est Valle ilei hborhood Plan Goal 2.2: Provide a variety of housing, retail and commercial centered on key intersections, in a pattern that encourages walking and bicycling. Policy 2.2.5: Encourage medium or high density residential in areas adjacent to and between commercial or retail zoned property along major arterials and collectors. (c) Correct an obvious mapping error; There is no indication that a mapping error has occurred. (d) Address an identified deficiency in the Comprehensive Plan; Although this property is within the city limits of Yakima it is subject to the West Valley Neighborhood Subarea Plan. This Plan designates the majority of the land under its purview for low density residential use while at the same time recognizing that both Yakima County and the City of Yakima need to designate land for higher residential densities in the Future Land Use Map. This request addresses this need and thereby corrects the deficiency of there not being adequate high density properties available for development. (e) 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? This proposal is consistent with RCW 36.70A.100. This application is submitted as a part of Yakima's annual update for the Yakima Urban Area Comprehensive Plan. In this area the City of Yakima coordinates this update with Yakima County for consistency between the jurisdictions. (f) Proposed Comprehensive Plan amendments must be consistent with the Growth Management Act (GMA), Ch. 36.70A RCW, and the Yakima County Wide Planning Policy (CWPP). This proposal is consistent with the Growth Management Act and the Yakima County -wide Planning Policy because the proposal directs urban growth to within an existing urban area and encourages infill of an area where all urban level services and facilities may be provided. The proposal reduces sprawl and is served with an adequate transportation system. This proposal also encourages affordable housing to all economic segments of the population and promotes a variety of residential housing types. (g) Cumulative impacts of all Comprehensive Plan amendments, including those approved since the original adoption of the Comprehensive Plan, shall be considered in the evaluation of any proposed amendments. In this situatlon the impact will result in the availability of more high-density residential housing. This is a positive impact from the perspective of the DOC. INDEX 4 # c- j comprehensive plan which encourages infill projects within city limits to reduce sprawl and best uses existing services and facilities available. Although the nearly 20 acre size of this request is not insignificant its cumulative impact remains minor. (h) For Future Land Use Map changes please provide descriptive information regarding the property, including the status of existing [and use, access to sewer and water, as well as the availability of public facilities such as schools, fire and police services. The subject property consists of five parcels totaling approximately 20 acres. The site contains 4 single-family residences, outbuildings, pasture and orchard. All urban services and facilities are available to the property, or can easily be extended to the property, as needed. The property lies within the West Valley School District and receives its police and fire protection from the City of Yakima. O o The amendment is minor in nature. o No adverse impacts have been identified by this amendment request. o A Determination of Nonsignificance (DNS) was issued for this proposal on July 13, 2012 and the 14 -day appeal period ended on July 27, 2012. No appeal was received, ® No public comments were received in opposition to this proposed amendment. REZONE APPROVAL CRITERIA In accordance with the provisions of Yakima Municipal Code Section 15.23.030, recommendations to approve or deny proposed rezones shall include the following considerations: (1) Testimony at public hearing. A Notice of Application was mailed to all property owners within 300 feet of the subject properties on June 5, 2012 wherein they were invited to submit written and/or provide oral comments on this proposed amendment. After consideration of any public comments received during the course of the hearing it may be appropriate for the Planning Commission to modify the staff's recommendation. (2) The suitability of property in question for uses permitted under the proposed zoning. The property is relatively flat on the northern end and slopes downward towards the south. Sanitary sewer is available along the west line of the properties and domestic water is available both to the east and to the west. The property fronts on Occidental Road, an urban arterial„ and also has frontage along its west line to South 136th Avenue, a collector. South 85th Avenue, a local access street bisects several of the properties one from the other. Because of these attributes, the property is well suited for any uses permitted in the R-3, Multi -family Residential zoning district. (3) The recommendations from interested agencies and departments. No agencies or departments have registered any opposition to this rezone. (4) Compliance with the Comprehensive Plan. The rezone request is supported by the following Yakima Urban Area Comprehensive Plan -goals and policies: Goal 5.6: -Ensure an adequate supply of affordable housing for persons with special needs. Policy 5.6.1 — Support development of new units and the operation of existing units for housing persons with special needs. It is further supported by the following goal and policies from the West Valley Neighborhood Plan: Goal 2.1: Provide a wide variety of housing types that offer choices to the entire community. Policy 2.1.9 Allow for adequate areas zoned for high and medium density residential to provide a wide variety of housing options and affordability. Goal 2.2 --Provide a variety of housing, retail and commercial centered on key intersections, in a pattern that encourages walking and bicycling. Policy 2.2.5 —Encourage medium or high density residential in areas adjacent to and between commercial or retail zoned property along major arterials and collectors. (5) The adequacy of public facilities, such as roads, sewer, water, and other required public services. The street system is adequate for this request; however, once a development is proposed for this site improvements to the roads may become necessary. The property is either served, or capable of being served by sanitary sewer, M DOC, INDEX C electricity, telephone and any other needed utilities. Domestic water is currently off-site but can easily be extended. Additionally, the site is served by the Yakima Police and Fire Departments. (6) The compatibility of the proposed zone change and associated uses with neighboring land uses. To the west and north are properties owned by Apple Tree Resort. Their continued development will doubtless include some high and low density residential and commercial uses on lands that are already zoned for these uses. Additional high density development should be compatible with their uses. To the south the property drops off to a steep slope thus the topography creates a buffer in that direction. To the east it is large lot residential and commercial storage. As for the issue of compatibility with the existing residential uses the absence of any negative public comments seems to indicate that the change would not be problematic. (7) The Public need for the proposed change. The public need arises from the reality that it is challenging to find appropriately zoned property for any large multi -family dwelling projects within the City of Yakima and its Urban Growth Area. This proposal addresses that difficulty. Regardless of whether or not this site actually becomes a senior housing facility it is very well suited for it or any of the other uses permitted in the R-3 zoning district. CONCLUSIONS 1. The amendment is minor in nature. 2. No adverse impacts have been identified by the approval of this amendment request. 3. The requested rezone is supported by the goals and policies of both the Yakima Urban Area Comprehensive Plan and the West Valley Neighborhood Plan. 4. The property is capable of being served by all necessary public utilities required for high density residential land uses. The Department of Community and Economic Development recommends APPROVAL of this amendment request from Low Density Residential to High Density Residential and to concurrently rezone from R-1, Single-family Residential to R-3, Multi -family Residential. 7 DEPAR E I9 OF C MMUN111"r AND ECONONIII.JC DEVET,.aOPMENT 1 1 • A' 1 1 1 City Hall Council Chambers • • , I' } ,12 5:00 p.m. YPC Members; Chairman Ben Shoval, Co -Chair Bill Cook, Ron Anderson, Al Rose, Scott Clark, Dave Fonfara, Betty Carley ON Plannin Staff-, Joan Davenport, Planning Manager, Bruce Benson, Supervising Planner; Jeff Peters and Joseph Calhoun, Associate Planners; Chris Wilson, Assistant Planner; and Rosalinda Ibarra, Planning Technician A. Donna Lockhart & Gary Rookstool - CPA#003-12 B. Washington Fruit & Produce Company - CPA#002-12 C. West Valley Nursing Homes - CPA#00412 D. Yakima Venture Capital LLC - CPA#005-12 E. Apple Land Investments/Wayne Clasen - CPA#006-12 'ql YPC Packe. istribution List - AppleLand-CIse n 2PA006-12 Scott Clark Dave Fonfare Benjamin W. Shoval 2112 West Nob Hill Blvd 8708 Cameo Court 123 East Yakima Avenue, Yakima, WA 98902 Yakima, WA 98903 Ste#2 10 Yakima, WA 98901 Alfred A. Rose 1006 Westbrook Place Yakima, WA 98908 Ron Anderson 1112 South 20 1h Avenue Yakima, WA 98902 William Cook 7701 Graystone Court Yakima, WA 98908 Apple Land Investments, LLC Wayne Clasen Bill Hordan Planning Service� 2605 Nelson Road 1720 W Ahtanum Road 410 North 2 d A A. Street Yakima, WA 98903 Yakirna, W8903 I Yakima, WA 98901 Type of Notice: � PC. PCALx-4i-,) File Date of Mailing: -,,, , 1 11 e N CX——A 'RL�, 'YAKJMAf1F�j1ULD"'­1P'16JB.LIC A daily part of your iffe yakkna-herald.com This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and td if you need to make changes Account 4: 110358 Company Name: CITY OF YAKIMA/YAKIMA PLANNING Contact, ROSALINDA IBARRLA Address: DEPT OF C1N YEOPE 129 N 2ND STREET YAKINIA, WA 989012720 Telephone: (509) 575-6164 K-ecount ejl: Simon sizer Phone # (509) 577-7740 Email: ssizer(q_)y&kimaherald,com Ad ID.- 213306 S to rt: 07/13/12 Stop: 07/13112 Total Cost' 1147,12 Agate Lines: 154 # of Inserts. I Ad Class: L_ 6021 rna Herald -Republic 07/13/12 0 .... . . .. .. . ......... _M.__ (213306) July 13, 2012 Courtesy of Yakima Her ` -public 42FAHIM 0 W NMM�0 31 rr 8400 block of Occidental Road NVLMQe-s Mails, a riotice ot 0-0-h—A w-amix-oxxPct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies, and all interested parties of record. That said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 13th day of Luly., 2012. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Ros'alinda lbarra Parties of Record - AppleLand Inv -Clasen - CPA#006-12, RZ#006-12, SEPA#01 8-12 Yorm List 4 10 North 2 Street Yakima, WA 98901 Apple Land Investments, LLC Wayne Clasen 2605 Nelson Road 1720 W Ahtanum Ro Yakima, WA 98903 Yakima, WA 98903 Name .......... Dan Ford Sandy Cox ...... . ......... Jerry Robertson Royale Schneider . ...... ........ ...... . ........ Mike Shane Code Administration Xlrna.wa.us i.yakinia,wa. uini4,wu ,akinui,wa.gs akinnia" wam .................. ,akima.wajis ki -'na akima.wa.us Type of Notice: _ , f�ndJ ....... ... D -N-5 File Numbers Date of Mailing: SEPA RE ,WI NG AGENCIES _updated 03.0( .1 - For it Ahtanum Irrigation District Executive Assistant, Beth Ann Brulotte bethb@ahtanun i. net Department of Ecology SEPA Policy Lead, Annie Szvetecz nett' CvLk, -g-0y Dept of Archaeology & Historic Preservation Local Government Archaeologist, Gretchen Kaehler Gretclie,n.K,te,h,le:r(tj)dahi),wa.nn;ov Nob Hill Water Association Engineering Technician, Jenna Leaverton Fnobhill""teaorg ........... . . . . ...... Wastewater Division Wastewater Manager, Scott Schafer sschaf e�r@ �qi�y 4k�_nia - Nygi , was WSDOT Development Services, Rick Holmstrom holm strCa LdoL�L,4,gqy Yakama. Bureau of Indian Affairs Environmental Coordinator, Rocco Clark - — ----- — -- - ------------------- — — - - ------------ - Yakima Air Terminal Airport Asst Manager, Carl Remmel QLjri.renin1ie1@yyak, irnaaiqgMj ijLalcqg1 Yakima County Public Services Public Services Director, Vern Redifer Vern.red iLe((q?,gg,.y Yakima Regional Clean Air Agency Engineering & Planning Supervisor, Hasan Tahat L, @L,,3 -a 11 (a --))Lr c—a �uan Cascade Natural Gas Field Facilitator Jijm R i, i IJ 1110� Linda, bAK!gQAqLA1&2v Housing Marty Miller 1test Valley School District Asst. Suyt—Q,&%wkwq. Angela Watts nm� �Ohvy -I an Superintendent, Bud Robbins Bud � P -111-M -mgzs-bl? b,' Yakama Nation Environmental Management Program Environmental Review Coordinator, Kristina Proszek Yakima County Commissioners Yakima Greenway Foundation Executive Director, Al Brown al(avaki.im DOC. IINDEX Yakima Valley Conference of 0 - Department of Commerce Growth Management Services (4)), gol -In0j:g La. ZO-A, Department of Social & Health Services Andrew Jenkins Wim V - Jeanne Rodriguez Engineering Division City Engineer, Doug Mayo Ag j,,ji q&ch c i. y a K, Li Li a, i.ti _ _ _ . ................................. . ---- U.S. Army Corps of Engineers Regulatory Branch Project Manager, Karen Urelius WSDOT Planning Engineer, Paul Gronseth amsei.p 5 vk( qy Yakama Bureau of Indian Affairs Deputy Superintendent for Trust Services, Steve Wangemann ............... Yakama-Klickitat Fisheries Project John Marvin Yakima County Public Services Planning Director, Steven Erickson St vete Eric sore, r,ce . Li.eva . us Yakima Health District Director of Environmental Health, Gordon Kelly Yakima Valley Museum Director, John A. Baule I tqav us ffVAMWP-z-Q A" 10 North 9th Street Yakima, WA 98901 Department of Ecology Gwen Clear 15 West Yakima Ave, Ste# 200 Yakima, WA 98902 - - - - - ---- - nviro ental Protection Agency 1200 6th Ave. MS 623 Seattle, WA 98 101 -------------------- Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 WA State Attorney General's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 WSDOT, Aviation Division John Sha bag 18204 59th Drive NE, Ste. B Arlington, WA 98223 Yakima School District Superintende Elaine Beraza 104 North 4th Ave Yakima, WA 98902 City of Union Gap P.O. Box 3008 U 'on Ga , +,+� Aepartment of Fish & 'll'ildlife Mark Teske P-01 North Pearl Ellensburg, WA 98926 -1 ow 2200 W. Washington Ave Yakima, WA 98903 Q -West Tom McAvoy 8 South.2�2�R&, Yakima, WA 98902 -VIX-S-fa—te-J►Re—pt of Piealth,;*ffice o7 Drinking Water Christine Collins 16201 E Indiana Ave, Ste# 1500 Spokane Valley, WA 99216 Yakama Indian Nation Cultural Resources Program Johnson Meninick P.O. Box IS I Toppenish, WA 98948 .7 Type of Notice. __:F File Number: C '♦- — � Date of Mailing. Department of Agriculture Kelly McLain P.O. Box 42560 Olympia, WA 98504 ---- . . ........... Department of Fisheries Eric Bartrand 1701 South 24th Ave Yakima, WA 98902 Federal Aviation Administration, Seattle Airports District Office Airport Planner Cayla Morgan 1601 Lind Ave SW Renton, WA 98055-4056 Soil Conservation District Ray Woridercheck 1606 Perry Street, Ste. F Yakima, WA 98902 ...... . ............ .... . . — . ..... WA State Emergency Mgmt Division Mitigation, Analysis, & Planning Manager Chuck Hagerhjelm Building 20 Camp Murray, WA 98430-5122 -- . . . . ...... ---- ....... . . ...... Yakama Indian Nation Yakima Tribal Council Ruth Jim P.O. Box 151 Toppenish, WA 98948 fes' lbarra, Rosalinda From: lbarra, Rosalinda Sent: Friday, July 13, 2012 9:39 AM To: Ahtanurn Irrigation District - Beth Ann Brulode, Cascade Natural Gas - Jim, Robinson; Department of Commerce (CTED) - Review Tearn; Department of Ecdogy - SEPA Unit; Department of Natural Resources - Linda Hazlett; Department Social'! & Health of Services - Andrew Jenkins; Department of Social & Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - Greg Griffith; Dept Archaeology & Historic Preservation - Gretchen: Kaeh]er; lbarra, Rosalinda; Mayo, Doug; Nob Hill Water Association - Jenna Leaverton; Office of Rural & Farmworker Housing - Marty Miller- US Army Corps of Engineers - Karen M. Ur6us; Wastewater Division - Scott Schafer; West Valley School District - Angela Watts; WSDOT - Paul t�onseth,; WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs - Bud Robbins; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Bureau of Indian Affairs - Steve Wangemann; Yakama Nation Environmental Mgmt Program - Kristina Proszek; Yakama-Kfickitat Fisheries - John Marvin; Yakima Air 1'erminal - Aiport Manager- Yakima County Commissioners; Yakima County Planning Director - Steven Erickson: Yakima County Public Services Director, Vern Redifer,' Yakima Greenway Foundation - Al Brown; Yakima Health District - Gordon Kelly; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A. Baule Cc: Alfred A. Rose (si1vrfx40@brni net), Benjamin W. Shoval (ben.shoval@shoval.com); Betty Carley; Bill Cook: Dave Fonfara; Ensey, Rick; Kunkler, Mark; Ron Anderson (rondedicate,drealty@hotmail,,com); Scott Clark (scoft.clark@charter. net); William Cook (cook.w@charter.net) Subject: NOTICE OF FINAL DNS - 2012 Comp Plan Amendments Attachments: FINAL DNS - WA Fruit - CPA002-12,pdf,, FINAL DNS - Lockhart- Rookstool - CPA003-12.pdf; FINAL DNS - West Valley Homes Inc- CPA004-12.pdf; FINAL DNS - Yakima Venture - CPA005-1 2. pdf, FINAL DNS - Apple Land - CPA006-12.pdf 9tuals'nda,16arna, PLann.ing,rechnicb.11 R N arR@—(iy3—kUna-W4--US City of Yakima 129 NoWm. 2nd °y et Yakfina, A.98901 p. (50,9)1575..61.83 fi (509) 575-1it.0S DOC. IN,DU Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Friday, July 13, 2012 9:41 AM To: Bonds, Randy; Brown, Michael; Daily Sun News - Bob Story; EI Sol de Yakima - Joseph Trevino; Ibarra, Rosalinda; KAPP TV - David Mance; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA - Gabriel Martinez; KDNA Radio; KEPR TV News; KIMA TV - Jim Niedelman; KWA TV News; KITIKATSIDMV J/KFFM - Lance Tormey; KNDO TV - Julie Sterna;.. KNDO TV News;. KLINS-TV Univision; KVEW TV' News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Tu Decides - Albert Torres; UNIVISION TV 'VIVA - Marta Isabel Sanchez; - Fernando Aceves; Yakima Herald Republic - A riana Janovich; Yakima Herald Republic - Chris Bristol; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Erin Snelgrove; Yakima Herald Republic - Mai Hoang„ Yakima Herald Republic - Mark Morey, Yakima Herald Republic - Scott Mayes; Yakima Herald Republic Newspaper; Yakima Valley Business Journal; Yakima Valley Business Times; Yakima Valley Business Times -George Finch; YPAC - Randy Beehler Subject: 07-13-2012 Press Release: 2012 Comp Plan Amendments YPC Public Hearing Notice Attachments: 2012 CPA Hearing Notices- Press Release.DOC PL=iing'Tecbnidaa ala irra.v a City of Yakima 129 North 9nd Street Yaku,rna, WA. 98901. pb (.599) 575-6183 fi (5'99) 575-6105 DOC. INDEX NOTICE OF FINAL DECISION & HEARING Compliance with the Washington State Environmental Policy Act (SEPA) July 13, 2011 On June 5, 2012, the City of Yakima, Washington issued a Notice of Application and Environmental Review regarding an Environmental Checklist application submitted by Wayne Clasen and Apple Land Investments, LLC. The submitted checklist concerns the environmental review of the applicant's Comprehensive Plan Future Land Use Map Amendment and concurrent rezone. Location: Vicinity of the 8400 block of Occidental Road, Yakima, WA Parcel Numbers: 181206-21001, 21005, 21007, 21401, and 21402 City File Numbers: CPA#006-12, RZ#006-12, SEPA#018-12 Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision may be appealed within 14 days from the date of mailing. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The fee of $580.00 must accompany the Appeal Application. NOTICE OF PUBLIC HEARING The public hearing before the City of Yakima Planning Commission has been scheduled for August 8, 2012 beginning at 3:30 pm in the City Council Chamber at City Hall. All interested parties are encouraged to attend so that they might address the Planning Commission on this matter. Comments may also be submitted in writing to the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. For further information or assistance, you may contact Bruce Benson, Supervising Planner at (509)575-6042 at the City Planning Division. J,tn Davenport Abting Director Community & Economic Development Notice of Decision Mailing Date: July 13, 2012 Enclosures: SEPA Determination, & Mailing Map WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON July 13, 2012 PROPOSAL: Amend the Future Land Use Map designation for five parcels from Low Density Residential to High Density Residential and to concurrently rezone from R-1, Single-family Residential to R-3, Multi -family Residential. Although there is mention of a possible senior housing facility this checklist was submitted as a non -project application consequently the impacts of a potential development are not being considered at this time. PROPONENT: Wayne Clasen and Apple Land Investments, LLC LOCATION: Vicinity of the 8400 Block of Occidental Road, Yakima, WA LEAD AGENCY: City of Yakima FILE NUMBER: SEPA #018-12 DETERMINATION: The lead agency for this proposal has determined that it will 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. The information is available to the public upon request at the City of Yakima Planning Division. This Final DNS is issued under WAC 197-11-355. There is no further comment period for this DNS. CONTACT PERSON: Contact Bruce Benson, Supervising Planner, Call (509) 575- 6042 for more information. SEPA RESPONSIBLE OFFICIAL: Joan Davenport POSITION 1 TITLE: Acting Director Community & Economic Development TELEPHONE: 5091575-6183 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: July 13, 2012 Final DNS Wayne Clasen & Apple Land Investments, LLC 8400 Block of Occidental Road SEPA#018-12 INDEX C-3 SIGNATURE: ® You may appethis determination to. Joan Davenport, Acting Director Community & Economic Development, at 129 N 2nd Street, Yakima, WA 98901. No later than: July 27, 2012 By (method) complete appeal avolication,form and Dayment of $580, a eal 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. ❑There is no agency appeal. Final DNS Wayne Clasen & Apple Land Investments, LLC 8400 Block of Occidental road SEPA#018-12 j" CITY` OF YAKIMA T LAND USE AION INSTALLATION CERTIFICATE -Pro ja U? A4 7— Date of Install2fir -7 _p L�Land Use Action Sign is installed per standards described in YLIAZO § 15.1 1.090(c), —Land Use Action Sign is installed in an alternate locadOn 01) thC� site, Note: dits I alternate location Of not pre -approved by the Code Administration and Planning Manager) rnay not be acceplabla by the Code Adminiluadon and Planning Division and is subject to tvlocation OL dic owner's expense) to a tuoye visible site on the property, The alte_rnatjVe1_Q_Ca I hereby testify that the sign installed fully complies with the Land U se , Action Sign layout sPecificadons and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (rjje�j�,c 111,1r), Date Stl L -4- A1. pli C an �s Sign a tore _q Telephone Number of_Ap`p1i'c .,..rat a'" ­ The required corTirnent pe1jr.)d will begin wjjrttj the Code Adrninis(nafion and Planning Division have received, the J,an(l Use Action Sign Installation Certifi , cation. The date, of install-ationc(..�.1tifica , te "A"CV '111 begirl the notice period. Failure to post a Land Use A�dion sign and 1'etUfn this farrn In a iirnefly manner will cause a delay in the application review, Please ren -it the above certification and deliver, FAX at 50M75-6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Ya-kirna, WA 98901. • Land Investments LLC / Wavne Clasen .... ........... 8400 Block of Occidental Road 1, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched • the United States Mails, a Notice of Application, Environmental Review, and YPC Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies, and all property owners of record within a radius of 300 feet of subject ••- that said •'#•- • are individually listed on the mailing list -• • the Planning Division, and that said notices were mailed •. me on the 51h •. • June, 2012. That I • said notices in the manner herein set forth and that all of the statements • herein are just and • 16%ilirida Ibarra gm��= DOC. INDEX C- 3 18120621401 APPLE LAND IV�'°' :NTS LLC 2605 NEL. " YAKIMA, WA 98903 18120622009 APPLE TREE PARTNERSHIP 8804 OCCIDENTAL AVE YAKIMA, WA 989039637 18133143403 APPLE TREE RENO :VEI.OP'vIENT CO 2550 BOR'' YAKIM7 , A 98903 18120613430 CELENE RODRIGUEZ 4601 POWERHOUSE RD #40 YAKIMA, WA 98908 18120612412 GILBERT E & MICHAEL KNOTTS 321 N 84TH AVE YAKIMA, WA 98908 18120613429 JAMES M & WENDY R LONG 2402 S 81 ST AVE YAKIMA, WA 98903 18120624513 JOHN W & JENN11,.,1LL 9705 RIG, - RD YA1Ii A 98903 18120613422 MARLENE VESEK 2403 S 81 ST AVE YAKIMA, WA 989039410 18120613403 TALBERT TAYD,)l 2410 S 83 f(I' YAKIM m A98903 18120624507 TALBERT WILLI AYLOR 2410 S 8:31 YAKEVI , ' 'A 98903 18120624402 WAYNE T C 1720 W, ANUM RD UNION GAP, WA 989031800 17120114013 APPLE TRE ° I'.TTNERSHIP 88b4I '" 1<1�;-r AVE YA tA. WA 989039637 18133143405 APPLE TREE R V' DEVELOPMENT CO 2550 `. , I d RD YAKIMA, WA 98903 18120624405 CRAIG A & JULIE PARKER 8415 OAK AVE YAKIMA, WA 98908 18120622002 HELEN TYLER PO BOX 8190 YAKIMA, WA 989080190 18120612402 JAMES P JOHNSON 8210 OCCIDENTAL AVE YAKIMA, WA 989039641 18120612404 LESLIE P HEIMGARTNER PO BOX 8173 YAKIMA, WA 989080173 18120624511 MICHAEL A & TONYA WETCH 2401 S 86TH AVE YAKIMA, WA 98903 18120624410 TALBERT & SHIRLE 2410 S $3RI'. , UNIO . , WA 989039481 18120624404 WAYNE T 1720 W ANUM RD UNION GAP, WA 989031800 18120621402"" APPLE N�,�AN,„. 1 VIE V"TS LLC 2605w, N RD YAK I IA WA 98903 18133143404 APPLE TREE RESORT DEVELOPMENT CO 2550 BORTON RD YAKIMA, WA 98903 18133144002 BORTON ENT E'S LLC 2550 'BI's1:J YAKIMA, WA 98903 18120624406 EDWARD A & TRACY OPSA14L 8413 OAK AVE UNION GAP, WA 98903 18133143003 HUBERT GTR HULL 8407 OCCIDENTAL RD YAKIMA, WA 98903 18120624512 JOHN W & JENNIFER L HULL 9705 RIDGEWAY RD YAKIMA, WA 98903 18120612405 LESLIE P HEIMGARTNER PO BONG8173 YAM 9080173 18120613401 TALBERT TAYLOR 2410 S 83RD AVE UNION GAP, WA 989039481 18120624508 TALBERT W1 2410 5� YAKIMA, WA 98903 18120621001 W AYNL "1”' 4 I AS1, 1720 111 RD UNION GAP, WA 989031800 18120624407 WAYNE T I�.L.�n W .�.� 1720 a ,UM�RD UNION GAP, WA 989031800 18120624409 1812061340,0 18120624400 " 'j 7 t WAYNE T Cl.,A-." VAYNE T CLAS WILLIAM M & ROBIN STEWART jj� 1720 W Aff" JNI RD 17,20 w ;ml RD 2407 S 86TH AVE W (A4— JAP, WA 989031800 YAKIMA, WA 989039490 UNION WA 989031800 36 Total Parcels - Apple Land Investments LLC / Wayne Clasen - CPA#006-12, RZ#006-12, SEP A#O 18-12 Victor Ratia V9.11 .14 1 LTJ ft-WITEW11 VTOX AfT Russ Metcher 8838 Braeburn Loop YAKIMA, WA 98903 DOC. INDEX SEPA RE 'WING AGENCIES _updated 03a - Form List Ahtanurn Irrigation District Executive Assistant, Beth Ann Brulotte bethbPahtanum.net Department of Ecology SEPA Policy Lead, Annie Szvetecz; R,pa n nit(q).,cy, wa.gg y Dept of Archaeology & Historic Preservation Local Government Archaeologist, Gretchen Kaehler Grerch cr t tl a (tLJ1RM 1'Ty _ga, Nob Hill Water Association Engineering Technician, Jenna Leaverton i -en-n a -0a mlo M ILI i�LteLrQm Wastewater Division Wastewater Manager, Scott Schafer sschafqr@Lyak a.wams WSDOT Development Services, Rick Holmstrom liolmstyZws(lQt aggy .......... Yakama Bureau of Indian Affairs Environmental Coordinator, Rocco Clark R� q-cq. Ltkro(-Ibjm vv Yakima Air Terminal Airport Asst Manager, Carl Reel . . . . . . .......... Yakima County Public Services Public Services Director, Vern Redifer Vern , red i ferr@covaLima. wa.kjs Yakima Regional —Clean - Air -'-Agency Engineering & Planning Supervisor, Hasan Tahat -o La�a�n(ei,�yjgLa4 . ro Cascade Natural Gas Field Facilitator I Jim Robin, W11510 I . . . . . . . . M LJi1dL,a,­ W.! P701 I . 4 leputy State Historic Preservation Officer, Greg Griffith Lllr-� "I r .!anam "Worker Housing Marty Miller '11rest Valley School District -A - Of-.) i mA c4t i a- z; * 1,! - Asst. Su! Angela Watts wattsa(e w-vsd2OSo 3L ,Pq,421"r Yakama Nation Environmental Management Program Environmental Review Coordinator, Kristina Proszek gjAqn)nzyJeAC@A, Aania Yakima County Commissioners Cc) i Ina, Wa ,L)i Yakima Greenway Foundation Executive Director, Al Brown �O&Lkir DOC. Yakima Valley Conference of* E-MUME Department of Commerce Growth Management Services ........... Department of Social & Health Services Andrew Jenkins M41Q%M-k in -I @A4 h12LV 1a -0y Jeanne Rodriguez Lxne—'rudry L�'Lle 011i'.naoly . . . . . . ...................... . . . . . ............... . . . ..... Engineering Division City Engineer, Doug Mayo dglW( (01qjyjkjrrLa va. U.S. Army Corps of Engineers Regulatory Branch Project Manager, Karen Urelius K arg Li.?VL Q rc I i mg b qil y.mILI, WSDOT Planning Engineer, Paul Gonseth Yakama Bureau of Indian Affairs Deputy Superintendent for Trust Services, Steve Wangemann Stcve,wagg��rqa Lr ), Lii a. gov Yakama-Klickitat Fisheries Project John Marvin IuLamLin &Yglkamrna�snmryl Yakima County Public Services Planning Director, Steven Erickson Yakima Health District Director of Environmental Health, Gordon Kelly gq.t:don.kg11y@gp ykLkirna. Valley--- —Museum - - — ---------- - -- iota Director, John A. Baule jPW�Y-ak. Lill-3Lalbm wrum RVAW"V-4 10 North 9th Street Yakima, WA 98901 Department of Ecology Gwen Clear 15 West Yakima Ave, Ste4 200 Yakima, WA 98902 Environmental Protection Agency 1200 6th Ave. MS 623 Seattle, WA 9 8 101 Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 WA State Attorney General's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 '11-SDOT, Aviation Division John Shambaugh 18204 59th Drive NE, Ste. B Arlington, WA 98223 Takima School District Superintende Elaine Beraza 104 North 4th Ave Yakima, WA 98902 e Mark Teske P-01 North Pearl Ellensburg, WA 98926 2200 W. Washington Ave Yakima, WA 98903 Q -West Tom McAvoy 8 South Yakima, WA 98902 WA State Dept of Health, Office of Drinking Water Christine Collins 16201 E Indiana Ave, Ste# 1500 Spokane Valley, WA 99216 Yakama Indian Nation Cultural Resources Program Johnson Meninick P.O. Box 151 Toppenish, WA 98948 Department of Agriculture Kelly McLain P.O. Box 42560 Olympia, WA 98504 I– .. . . . . . ........ . . .......... Department of Fisheries Eric Bartrand 1701 South 24th Ave Yakima, WA 98902 .... . ..... -- - - . . . . . . . . ................ Federal Aviation Administration, Seattle Airports District Office Airport Planner Cayla Morgan 1601 Lind Ave SW Renton, WA 980554056 Soil Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, WA 98902 - — ------------- -- . . . ........ WA State Emergency Mgmt Division Mi Chuck 14agerhjelm Building 20 Camp Murray, WA 98430-5122 Yakama Indian Nation Yakima Tribal Council Ruth Jim P.O. Box 151 Toppenish, WA 98948 . ................ . ........ Type of Notice® T—CtLoju 9L4—� 9 File Number - Date of Mailing: . . .... 7L- Mzm In -House Distribution E-mail List Name ................ 'vision E-mail Address I) Ford. . . ...... . --Engineering ... .................. . §a_�d_yCx. ...... ...... Code Adm—inist-r-a"tion, . . . ........... ...... sco\114's—i - Yi1ki 1111a _�Wa. LIS Jeff Cutter Legal Dept Archie Matthews Brandon Dorenbush . . . .................. — — — ________- Fire Dept . .... . . . . . . .. .. . . ............... h_doreqtg@LYa a.wa.us Michael Morales CED Dept rnmonfleii),Ci akiii �i,wa,us Jerry Robertson Code Administration Royale Schneider Code Administration rschn,!�ij, ygk i ilia'. wa, us Mike Shane Water/Irrigation — — -------- M,sh,_,in_e_Ld.ygkjtnawg.qs, Nathan Thompson . Code Administration lithompso(iPci .,,ygkjrrja.worst .us .... ... ........... — J — - """""""" - - - - Kevin Futrell Transit Division Dave Brown Water Division wa.us CarolyniFel—les"_ Wastewater Division g_tLe I _Ies y, h i ina. wa. us Hinder Copy Type of Notice: File Number(s): () - , t : (,� 1) 49 0 _Y) Date of Mailing: DOC. IN�DE,X # C-3 ibarra, Rosalinda From: Sent: To: Cc: Subject: Attachments: Application No CPA#001-12 CPA#002-12 CPA#003-12 CPA#004-12 CPA#005-12 Ibarra, Rosalinda Tuesday, June 05, 2012 2:33 PM Ahtanurn Irrigation District- Beth Anew Brulotte; Cascade Natural Gas - Jim Robinson; Department of Commerce (CTED) - Review Team; Department of Ecology - SEPA unit; Department of Natural Resources - Linda Hazlett; Department of Social & Health Services - Andrewry Jenkins;, Department of Social & Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - Greg Griffith; Dept Archaeology & Historic Preservation - Gretchen Kaehlec l barra, Rosalinda; Mayo, Doug; Nob Hill Water Association - Jenna Leaverton; Office of 'Rural & Farmwrxorker I -lousing, - Marty biller; US Array Corps of Engineers . Daren M. Urelius„ Wastewater Division - Scott Schafer; West Valley School District - Angela Watts; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs - Bud Robbins; Yak,arna Bureau of Indian Affairs - Rocco Clark; Yakama Bureau of Indian Affairs - Steve Wangemann; Yakarna Nation Environmental Mgmt Program - Kristina Proszek; Yakama-blickitat Fisheries - John Marvin; Yakima Air Terminal - Aiporl Manager; Yakima County Commissioners; Yakima County Planning Director. Steven Erickson; Yakima County Public Services Director,, Vern Redifer; Yakirna Greenway Foundation - AI Brown; Yakima Health District - Gordon belly; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A. Baule Belles„ Carolyn; Brown, Dave; Cox, Sandy; Cutter, Jeff; Denman, Glenn; Dorenbush, Brandon;. l=ord, Dan; Futrell, Kevin; Matthews, Archie; Morales, Michael; Robertson, Jerry; Schneider, Royale; Shane, Mike; Thompson, Nathan 2012 Cornp Plan Amendments - Notice of App, SEPA, YPC Public Hearing NTC APP SEPA, HEARING - Carlson 'Trust - CPA001-12.pdf; NTC APP SEPA HEARING - WA Fruit Co- CPA002-12.pdf; NTC APP SEPA HEARING - Lockhart-Rookstool - CPA003-12.pdf, NTC APP SEPA HEARING - WV Nursing Homes - CPA004-12.pdf; NTC APP SEPA HEARING - Yak Venture - CPA005-12.pdf; NTC APP SEPA HEARING - Appleland-Clasen - CPA006-12.pdf Name MELVIN G. & MAE J. CARLSON REVOCABLE TRUST WASHINGTON FRUIT & PRODUCE CO DONNA LOCKHART & GARY ROOKSTOOL WEST VALLEY NURSING HOMES, INC YAKIMA VENTURE CAPITAL LLC Site Address NE CORNER OF 96TH AVE & TIETON DR 1500 BLOCK OF N 6TH AVE 1021 S 31 STAVE 300 BLOCK OF N 40TH AVE 714 SOUTH 6TH STREET Project Description Change the Future Land Us, parcels from Low Density F Commercial and rezone the, Residential) to B-2 (Local I Change the Future Land Us. parcels from Regional Com nine parcels from Large Cor Industrial (M- I)for future e Change the Future Land Us. from Medium Density Resi( Commercial and rezone fror 1) to Local Business (B-2'), Change the Future Land Us. parcels from Medium Densi Residential and rezone frorr to Multi -Family Residential Change the Future Land Us. from Low Density Resident and rezone from Single -Fan Business (B-2), CPA#006-12 APCROAD APPLE CLAS N INVESTMENTS LOCK OF OCCIDENTAL pas from LowDensity sty F Residential and rezone frorr DOC., to Multi -Family Residential lrlr% uw community camous. .... . .... .. . ............... . ..... .... - ----- City of Yakirna Ranning Department '129 N 2nd St Yakima, W'A 98901 Date of Notice of Application - 06/05J2012 Project Name: APPLE LAND INVESTMENTS LLC WAYNE VVA#0106-12 Location: 9400 BLOCK OF OCCIDENTAL ROAD U Proposal: Change the Future Land Use map designation for rive parcels from Low Density Residential to High Density Residential and rezone from Single -Family Residential (R-1) to Multi -Family Residential (R-3) to develop a retirement community campus. A land use applicadon has been submitted near your property, This Is your notice of that application. To view information one go to: When prompted enter CPA#006-12 in the Application ID text box. Click the Submit button to view the land use application information. More information is available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, WA 98901 or call (509) 575-6183. Bruce Benson/575-6042/Supervising Planner/bbenson@ci.yakima.wa,us Decisions and future notices will be sent to anyone who submits comments on this application or requests additional notice. Comments may be submitted in writing to the address above or by email to: planning@ci.yakima.wa.us - Please include the Application 10 In the email subject line. Also include your name and address In the email. Written or emalled comments must be received by 5:00pm on 06/2512012 Public Hearing Date: 08/22/2012 Public hearings are scheduled to begin at 3:30pm in the Yakima City Council Chambers of City Hall located at: 129 North Second Street, Yakima, WA 98901 This application may include multiple land use types, including compliance with the State Environmental Policy Act (SEPA). For specific information, please contact the Planning Division. Si necesita Informaci6n en espafiO por favor Ilame a[ (509)575-6183, �Application Submitted: D4/30/20,12 Application Complete: 05/2312012 LAND USE PUBLIC NOTICE DOC. INDEX # CITY OF YAKIMA NOTICE OF APPLICATION, ENVIRONMENTAL REVIEW AND PUBLIC HEARING DATE: June 5, 2012 TO: SEPA Reviewing Agencies, Applicant and Adjoining Property Owners FROM: Joan Davenport, Planning Manager SUBJECT: Comprehensive Plan Map Amendment, Rezone and Environmental Review. NOTICE OF APPLICATION File Number: CPA#006-12, RZ#006-12, SEPA#018-12 Project Applicant: Bill Hordan — Hordan Planning Services Project Location: Vicinity of the 8400 block of Occidental Road, Yakima, WA Parcel Numbers: 181206-21001, 21005, 21007, 21401, 21402 PROJECT DESCRIPTION The City of Yakima Department of Community & Economic Development has received applications from Bill Hordan, on behalf of property owner Wayne Clasen and Apple Land Investments, LLC for a Comprehensive Plan Map Amendment (CPMA), Rezone and Environmental Review of the subject property. The owner is requesting to change the Future Land Use Map designation for this property from Low Density Residential to High Density Residential and to concurrently rezone from R-1, Single-family Residential to R-3, Multi -family Residential (see attached documents for further details). ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project: The City of Yakima is presently inclined towards the issuance of a Determination of Non Significance (DNS) on this project utilizing the procedures set forth in WAC 197-11-355. This may be your only opportunity to comment on the environmental impacts of this proposal. The following conditions have been identified that may be used to mitigate any adverse environmental impacts: None Required Permits: None Required Studies: None Existing Environmental Documents: None Preliminary determination of the development regulations that will be used for proposal mitigation and consistency: Urban Area Zoning Ordinance and Urban Area Comprehensive Plan. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, WA. RE' UES'T FOR WRITTEN COMMENTS You have the right to comment on this application and to become a party of record. Agencies, tribes, and the public are encouraged to review and comment on this proposal and its probable environmental impacts. All written comments received by 5:00 pm June 25, 2012 (regarding the SEPA Review) will be considered prior to issuing the final determination on this application, Please mail your comments on this project to: Moan Davenport, Planning Manager City of Yakima„ 129 N 2"d Street, Yakima, WA 98901. Please be sure to reference the file numbers (CPA#006-12, RZ#006- 12, and SEPA #018-12) or the applicant's name (Wayne Clasen and Apple Land Investments, LLC) in any written correspondence. NOTICE OF 'DECISION A copy of the SEPA threshold determination will be mailed to you after the end of the 20 -day comment period. There will be a 14 - day SEPA appeal period effective upon the date of mailing the threshold determination. NOTICE OF 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 a closed record hearing before the Yakima City Council. The public hearing before the Planning Commission has been tentatively scheduled for Wednesday, August 22, 2012, beginning at :0 pm, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, 'dA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate notice will be provided for the public hearing before the Yakima City Council. If you have any questions on this proposal, please call Bruce Benson, Supervising Planner at (509) 575-6042 or e-mail at bbenson@ci.yakima.wa.us. Encl: Applications, Environmental Checklist and Mailing Map 1'1"'frff/ Nl'ilr;9'i4J100, 7'y;!:;. ,ert,�i%f/�rlAf� �.f%�,',y F(,'�/ ' �,n�l°�I�I�(I ���„u%f,�l,,. fl��ll���G„'%�l/!IN)/lE,'�`9I GAl'f bG1�7,��1��JO J�;"�/lY;�G m ,'�f lfi ((V(���/�II ✓f�I,�rG%yRl NrLQ NJV June 7, 2012 Joan Davenport Planning Manager City of Yakima 129 North Second Street Yakima, Washington 96901 Dear Ms. Davenport: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Yakima - Proposed 2012 Comprehensive Plan amendments, including site rezones, and changes to the Future Land Use Map designations (CPA #001-12, 002-12, 003-12, 00412, 005-12, and 006-12). These materials were received on June 05, 2012 and processed with the Material ID # 18144. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services Transit Division 509-575-6175 2301 Fruitvale Blvd. Yakima, WA 98902 DATE: June 8, 2012 TO: Bruce Benson, Supervising Planner FROM: Kevin Futrell, Transit Planner SUBJECT: Appleland Clasen, CPA #006-12 PROPOSAL: Change the Future Land Use Map to redesignate property from Low Density Residential to High Density Residential & Concurrent Rezone from Single -Family Residential to Multi -Family Residential. LOCATION: Vicinity of 8400 Occidental Road, Yakima, WA PARCEL NUMBER: 181206-21001,-21005,-21007,-21401,-21402 XIM IBJ 131�Y Although the current land use application is only to change the future land use map to redesignate property from Low Density Residential to High Density Residential, as well as, rezone the property from R-1 to R-3, it is important that Yakima Transit comment on future use of the property as was mentioned in the land use application. Yakima Transit provides paratransit services in the city of Yakima where the proposed development is located. The proposed use is for "housing, nursing care, and assisted living." Under FTA rules, Yakima Transit is required to provide complementary paratransit services to individuals within three-quarters of a mile of fixed -route service. The proposed use is approximately 1.1 miles (0.8 miles using a radius) from the closest fixed -route service. It is the City of Yakima's policy, at this time, to provide complementary paratransit services anywhere within the City of Yakima's city limits, which includes this site. Facilities like this typically rely heavily on paratransit (Dial A Ride) services_ If Transit funding becomes an issue in the future, the City's policy on where to provide paratransit services may be reduced to FTA required levels excluding the subject property. Yakima Transit is discouraging development of this site for the proposed use, because it is outside the area that the FTA requires Yakima Transit to provide paratransit services and those services may be a necessary public service. Yakima Transit doesn't anticipate offering any fixed -route services along Occidental Road or Ahtanum Road in the next ten years. Although an express route will be considered along Ahtanum Road when the north -south road is constructed connecting Ahtanum Road to Summitview Road, express service has limited stops and complementary paratransit services are not mandated along express routes. The residents who wouldn't qualify for Dial A Ride but need transportation services because they cannot drive may want to use the fixed -route service. However, with the existing route being as far away as it is, it isn't practical. The closest planned route, would run along Zier Road between 96th and 72nd Avenues. This route is anticipated within the next 5-10 years. Future route planning wouldn't change in any long term plan until more higher density infill development occurs between the proposed site and existing service areas. Growth of this intensity should be located closer to established development and available City services. Although the area is located within City Limits there is limited development in the area. Currently, there is a void between the proposed facility and established growth of similar intensities. The location of this facility is the only one of it's kind in the area and although Yakima Transit provides service to people who live in the area that need the service, the volume of passengers that may use Dial A Ride services could be problematic and economically burdensome on the public transportation system. Other trips consist of typical single-family residential or apartment locations. Shopping facilities are also frequented like the WV Walmart near 64th Avenue and Nob Hill Blvd. and the Orchards Shopping Center at 72nd Avenue and Tieton Drive. There is a map attached showing an artificial boundary where Dial A Ride doesn't typically provide higher volume services. The facility owner should consider offering transportation options to their residents and guests, that are not solely reliant on the City's public transit system which might include multi -passenger ADA accessible vehicles that will accommodate more than one wheelchair. GOAL 3.1: Provide for a broad distribution of housing in Yakima that meets the affordability and neighborhood design needs of the public. (Yakima Urban Area Comprehensive Plan 2025, p.111-20) Polky 3.1.1.4 Development shall be located along arterials or collector streets and should have good access to public transit. (Yakima Urban Area Comprehensive Plan 2025, p.LU-20) .E LV !\fi lAl'e91 f/ K6! �`'t,hPHtf4 �; Copyright 2011 City of Yakima, Washington. All rights resmecL Created Tu y, Jun 5, 2012 at 4:34 FM Yaldma Transit - Appleland - CPA #0006-12 Map2 :11'111111:'1 .4Ave _ti;,r, Or 4.:1 vN w% ann cro aLk.wWi RRd Copyright 2011 City of Yakima, Was hington. All rights reserved_ Crated: Friday, Jun. 9, 2012 at 8:59 AM ag I i i E; i i Avg DST Distribution List x X Applicant: Wny—nA—Clasen —&--ApRje —Land 1pyq1trnepts , Inc File Number: CPA#00fi:12,RZ#QO6-1_2,,13EPA#018-12 Date of DST Meeting: juge 21 20 2LL— Assigned Planner: Bruce 5enson r of Yakima Divisions and Yakima Couay Public Services Codes Joe Caruso x Codes Sandy Cox -.St.reets/Trafl ..... . ------ —7 Utility Servic Codes JerryParks and RE Codes Royale Schneider Transit —Nath -an" ....Thomson ­­'- Codes x T ransit Codes 61—enn Denman x ' Police Depar I-Enguieenng "" Dan Ford I h-j'�Q-P' x Stormw ter Enj x Water /Irhgalio Wastewater x Wastewater x FireDeDartmer Other Ag�Lncies F;EWit—ol Theatre Mike Shane ScottSchafer Shelley Willson Brandon Dorenbush Committee for Downtown Yakima Committee for Downtown Yakima Committee Mana&-j SgY Yakima Tieton Irrigation District x 4Nob Hill Water Nob Yakima County Health District WA State Department2fES2!2U I-Ro. —Yakima Soil Conservation District Pacific Power and Light Co. Cascade Natural Gas Co. Yakima —School District #7 jWest Valley School District #208 Charter Communications County Clean Air Authori Yakima Waste Systems Yakima Greenway Foundation US Post Office Yakima Val!ey . _ganal Co. Department of Wildlife 2e�tment of Natural Resources Department of Fisheries Yakama Indian Nation Yakima Airport Cityof Union Gap WSDOT, Aviation Division Governor's Office of Indian Affairs Ahtanum. ��r-igation District �Yakima­-kdc-kitat Fisheries kjoject De ,jr"ent of Fish & Wildlife !d as ofOWMO I 4 Gay Parker amie Lee Stickel 'ames Stickel Rick Dieker/john Dickman Jenna Lea!�erton Art McKuen Gwen Clear Ria Woderche�ck Mike Paulson jomySAvo Sheila Ross Elaine Beraza Peter Ansingh Kevin Cbilcote Gar y Pruitt Scott Robertson A] Brown Jeff Mc K —ee Robert Smoot Salah AI-Tamini Eric Bartrand Thalia Sachtleben Lee Rimmel — Paul Edmondson David Snurlock Beth Ann Br John Marvin Mark ieik—e P.O. Box 102, Yakima, WA 98901 115 North 3rd Street, tleet, Yakima 98901 P.O. Box 9668, Yakima 98909 P.O. Box 881, Yakima 98901 470 Camp 4 Rd. Yakima, WA 98908 6111 Tieton Drive, Yakima 98908 1210 Ahtanum. Ridge Dr, Union Cap 98903 15 W Yakima Ave Ste #200, Yakima 98902 1606 Perry St Ste F, Yakima 98902 500 N. Keys Rd, Yakima 98901 8 South 2nd Ave Rm. 304, Yakima 9890 701 South 15t Ave, Yakima 98902 104. North 4th Ave, Yakima 98902 8902 Zier Rd, Yakima. .... .... ..... 98908 ---- 1005 North 16th Ave, Yakima 4842 . ..... 329 North 15t Street, Yakima 98901 2812 Terrace H�j :&Lts_P,Yakima 98901 Ill South 18th Street, Yakima 98901 205 West Washin on Ave, Yakima 98903 1640 Garretson Lane, Yakima 98908 1701 South 241h Ave, Yakima 98902 713 Bowers Rd, Ellensburg 98926 2869 —Rudkin Rd, Union Gy 98903 P.O. Box 9155, Yakima 98909 P.O. Box 151, Toppenish 98948 T466 —West WMLinglon Ave, Yakima 98903 313 North 3rd Street, Yakima 98901 P.O. Box 3008, Union Gap 98903 18204 X90 rive NE, Ste B, Arlington WA 98223 PO B 40909, Olympia, WA 98504 P6 Box —563,Va-kima, WA. 98967 771 Pence Road, Yakima, WA 98909 ...... .. . .... 201 North Pearl, Ellensburz WA 98926 Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Thursday, May 31, 2012 1:57 PM To: Caruso, Joe; Denman, Glenn; Ford, Dan; Meloy, Randy; Shane, Mike; Schafer, Scott; Willson, Shelley; Dorenbush, Brandon; Rosenfund, Joseph; Futrell, Kevin; Boyle, Shawn Cc: steven.erickson@co.yakima.wa. us' Subject: DST PACKETS - 2012 Comp Plan Amendments - CPA#001-12, CPA#002-12, CPA#003-12, CPA#004-12, CPA#005-12, CPA#006-12 Attachments: DST PACKET - Carlson Rev Trust - CPA001-12.pdf; DST PACKET - WA Fruit and Produce - CPA002-12.pdf; DST PACKET - Lockhart-Rookstool - CPA003-12.pdf; DST PACKET - WV Nursing Homes - CPA004-12.pdf; DST PACKET - Yakima Venture - CPA005-12.pdf; DST PACKET - AppleLand-Clasen - CPA006-12.pdf DST meeting scheduled for June 20, 2012. Please submit your comments in Paladin or e-mail them to the assigned planner no later than the meeting date, Rpsafinda lbary 1 haimiwu 'Fea:fuia lf:iaxii. riLmj $1�$,�rul.wa.LLS Uty of Yai .111x. 1. 9.9 1rdi 2nd Stn -m -t Yakima, WA. 9K901, pm (a" 09) X175-61331 f1 (a'io f1) 57.51-.6105 City of Yakima Development Services Team Request For Comments l June 5, 2011 p11� Comprehensive Plan Amendment request to change Future Land Use Map designation from Low Density Residential to High Density Residential and to concurrently rezone from R-1,, Single-family Residential to R-3, Multi -family Residential, No project is proposed in this application. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held June 20,.2012 at 9:30 a.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is bbenson@ci.yakima.wa.us and the Planning Department's fax number is (509) 575-6105.. Should you have any questions, or require additional information, please call me at (509) 575-6042, Comments - Contact Person Department/Agency 5 LA F F 0 fVI/A S 111 '',4 T'10 N4 D IfsA, R FINA II : f",,Il F 01 C'( , )LOG� I � 11/ Ylkbn'� e'b er 001 ?(P) 1111 VA hPa, AA 919902 34 52 - �3010 5,7,1-2490 1�!, M MHKKSM Thank you for the opportunity to comment on the pre -threshold deten-nination for the comprehensive plan amendment and rezone from R- I to R-3, proposed by Wayne Clasen and Apple Land Investments, LLC. We have reviewed the environmental checklist and have the following comment. Toxics Clean-up Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead and arsenic and for organochlorine pesticides, If these contaminants are found at concentrations above the MTCA clean-up levels Ecology recommends that potential buyers be notified of their occurrence. III 111111111�!!�11;1;11;g ;I;jj 11; 1111 !1 H� Gwen Clear Environmental Review Coordinator Central Regional Of (509) 575-2012 559 INDEX C, 3 0 VACANT RI OCCIDENTAL ROAD CzOLF COURSE RI APR 3 0 2 i- 012 CffY OF YAKIMA PLANNING OlV- nkima GEOGRAP141C [MFORMATION MERVICES \�����\A OYU 400 WO Fmt V-50OF0.1 jwkima MEEMMEET!" - _7 OfOOPAPIMC VERVICES Critical Areas RBimmms SqAad Pmpwf- FEMA 100 Y� FL AY - -: FRNMWNY FEMA 100 Yaw FLOODPLAN 7mm A ZMM AR pauu�al'Ivqlwds —48 -ako A -r AMS CWMGIVW-Y "ral wban a -him wn Mnuh..r . Oymervamy furW Tax Lnb Mum 0 400 SM Fee Sm F.!d Y;@_klMap.C-' zm c4prigm (C) 2012 Y.W— County Thh map w� d.MO f�— --W deab—ft The County C -nm -CW -Spm-wmty f- Thm*cm,dwv we no wwmffdm for NG poducL I GEOGRAPHIC mFaRmATiom agRvmEs Site and Adjacent Existing Future Land Use �J /V AD Roads Tax Lft Cmm Fubms Land Um Low Dwdty Rask*dw Mkidwn DwWry Realtaffm H P raf—kirtal CMk. R%krml C--.r.W Ndo6whood Cant wcw LAW Cmmw= CAta, Marla] Cksm—lal CHD Cars Cm-rmwolal IndusbW CfrY OF YAKIMA PLANNING DIV - Parcel Lot lines am low v1sual display only. Do call use for legal purposes. Yak -Fn CaWaft {Cl 2012 YaWm C—M This "no was dartwed ftm sw�W databases The C—* -on-1 va-vt -Vansmlt� far Ow Thansfam,hom am no waffanUes for difs modud. OtOGRAPHIC INFORMATICN SERVICES F207orer-MelfiffM 1TWOOM "au Propardm /'\/© RmdS Tax Lb cmes FuLm Laid Um Low Darially Reold—ft Madimn Dwmft RogIlmdal V60 D—�y R-k%ftW Prdmsh-ud Off— ReghiW Corffmardal N&Vbwtmd cmawde Large c4moordance CMAW Arawtid Cm..—W coo c4m Cmw—dal lndu.bW \{&���� � � 400 .r V- SIX roe FWALVOW OEOGRAPHIC INFORMATION DERVICES Existing Zoning 11"WIMMS &"ad Nopers- A/ AD Rande Tax LONI c11/&yay­ ­Zr SA _W� L-Ww4ma R-1 SbVe FwR* R-2 Two FamBy R-3 Fmn@y B-1 PmhoskInd B..4mme IM B-2 Lecod 8 -1 -as I'mi R&� avelm" SCC Sinall commedwIcs cento LCC Large COwmardence Canto CBD CoTtrad Bmt-was Dblrid CSD C81) Suppon r1c cle"Wel c4mFrwrw wi Ugm lrdj"w M-2 HaeW ImIumirtal RD Rq*mW DrmbwrwA TWER AS Almart ISUPPOrt _2 ASR 3 0 C" OF YAKIMA pLANNING DIV - 4 Parcel Lot ItmeS are for Asea l display onty- Do not use for I purposas. 400 SW Fl 15 wo fee Am, 4–t- A- W_' caq� (C) 2012 yay-nm ommy T%W m-- wee dwkvd Offn Immnwt� dIrobwes, The Caurrry Im-P­t -Pk respom1b:01ty to., my 9,01S LZ P_&s:L Pla, dais: Apr 18, 2012; rrmp5 Vicinity Map l6rCPAP006-12, RZ4006-I2, SEPA0018-12 11�Y�1¢:„r't`,�u �.c i..ya �o n,nx�. n�h� �. ��l,y�➢� a r�uar ��o,�i pri na Y�hsup. Q'a�i�ubl��Gc ii nu t;�=t�°a:c �P t 5 PF k Scale - 1:8= C'Ityof Yakima, Washington Subject Area Site Fire Number: CPA10006-12, RZ#006-12, SEPA#018-12 Bill Hordan Planning Services Property Applicant: Owner: Apple Land Investments/Wayne Clasen Notification Area Request: Change the Future Land Use map designation for five parcels from Low Density Residential to High Density Residential and rezone from (R-1) to (R-3) to develop a retirement community campus. NOTIFICATION OF Location: 8400 block of Occidental Road LAND USE APPLICATION Parcel 18120621001,18120621005,18120621007,18120621401,18120621402 Number(s): DO,C. INDEX' .. V.xII ry imarp icor i...Q..ofd #6J4M0- kZ, h:.1:MA)0- II..)LAIR V 118-12 City of Yakima, Washington File CPA#006-12, RZ#006-12, SEPA4018-12 Number: Applicant: Bill Hordan Planning Services Owner: Apple Land Investments/Wayne Clasen Request: Change the Future Land Use map designation for rive parcels from Low Density Residential to High Density Residential and rezone from (R-1) to (R-3) to develop a retirement community campus. Location: 8400 block of Occidental Road Parcel 18120621001,18120621005,18120621007,18120621401,18120621402 Number(s): Subject Area Site ......,,,,,„ , Water Pipe Sewer Pipe true V7 20124�30 PIA !°:oq' n4w Mr.ap for 1.. PA0IIQ)6- N 2, iw #fl.)06- N 2, SE PA, anM- N 2 9 iy nx imus am City of Yakima, Washington File Number: CPA#006-12, RZ#006-12, SEPA0018-12 Applicant: Bill Hordan Planning Services Owner: Apple Land Investments/Wayne Clasen Request: Change the Future Land Use map designation ror five parcels from Low Density Residential to High Density Residential and rezone from (R -i) to (R-3) to develop a retirement community campus. Location; 8400 block of Occidental Road Parcel 18120621001,18120621005,18120621007,18120621401,18120621402 Number(s): I oft 10 � Subject Area Site Zoning Boundary NUMMINENIMMI L.ti. City of Yakima, Washington File Number: CPA#006-12, RZ#006-12, SEPA0018-12 Applicant: Bill Hordan Planning Services Owner: Apple Land Investments/Wayne Clasen Request: Change the Future Land Use map designation ror five parcels from Low Density Residential to High Density Residential and rezone from (R -i) to (R-3) to develop a retirement community campus. Location; 8400 block of Occidental Road Parcel 18120621001,18120621005,18120621007,18120621401,18120621402 Number(s): I oft 10 � Subject Area Site Zoning Boundary NUMMINENIMMI Future Land Use Map for CPA#006-12, RZ4006-12, 5EPA#018-12 of I http:/%bis.ci ,,,ikiina.�va.us/yak:imaois/priii(Map.html?fulu�true City of Yakima, Washington Subject Subject Area Site File Number:CPA#006-12, 006-12, SEPA#018-12 Bill Hordan Planning Services rtm Applicant: p Owner: Apple Land Investments/Wayne Clasen uNf Request: Change the Future Land Use map designation for live parcels from in,, Low Density Residential to High Density Residential and rezone IN from (R-1) to (R-3) to develop a retirement community campus. Location: 8400 block of Occidental Road Parcel 18120621001,18120621005,18120621007,18120621401,18120621402 Number(s): Contact City of Yakima Planning Division at 509.575.6183 �l a City of Yakima - Geographic Information Services • Monday, May 07, 2012 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any traps or information provided herein. 5/7/2012 4:31 PM Ae mall Vhoto Maptor U.`11.1A#UU 6- q2, 1<1-4006.. V "t. SEPA#08-q2 m gis.ci..^ski a.wa. us/yaki maLis; printMap.hnnl?photo=true W'rtl t ..u,ly.. fw City of Yakima, WashingtonJffMJ Subject Area Site File Number: CPA#006-12, RZ4006-12, SEPA#018-12 Applicant: Bill Hordan Planning Services Owner: Apple Land Invest me nits/Wayne Clasen Request: Change the Future Land Use map designation for five parcels from Low Density Residential to High Density Residential and rezone from (R-1) to (R-3) to develop a retirement community campus. Location: 8400 block of Occidental Road Parcel 18 120621001,18120621005,18120621007,18120621401,18120621402 Number(s): I ot'2 5/7/20124.31 PM ENVIRONMENTAL CHECK -LIST STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 197-11-960) YAKIMA MUNICIPAL CODE CHAPTER 6.88 PURPOSE OF CHECKLIST The State Environmental Policy Act (SEPA), RCW Ch. 43.21C, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the �.igc c decide whether an EIS is required INSTRUCTIONS FOR APPLICANTS This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasona'bl related to determinin if there rnay be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS Complete this checklist for non -project proposals, even though questions may be answered "does not apply," IN ADDITION, complete the SUPPLEMENTAL. SHEET FOR NONPROJECT ACTIONS (part D). For non -project actions, the references in the checklist to the words "project,""applicant," and "property or site" should be read as " ro oral," 'T2ro oser," and "affected,,ge.(:l»ra )hic ire,t,"° respecnvel A. BACKGROUND INFORMATION (To be completed by the applicant.) 1. Name Of Proposed Project (If Applicable): Not applicable 2. Applicant's Name & Phone_ Bill Hordan, Hordan Planning Services — (509) 249-1919, 3. Applicant's Address: .�.._�. , m,� A, �... „�.. IV. .. 410 North 2"� Street, Yakima, WA 98901 APR 3 4 2012 4. Contact eee _ ct Person &Phone: Same as applicant. CITY OF YAKIMA PLANNING DIV. 5... _.A genc y Requesting Checklist: City of Yakima Date The Checklist Was Pre... . .. 6. pared: April 25, 2012 7. Proposed Timing Or Schedu -" O . p .-.---, .. I - le (Including Phasing, If Applicable). Not applicable„ no and use action is proposed at this time. yo 8. Doyou have an plans for future additions, expansion, or further activity related to or co .... ��� Y Y P connected with this proposal? If yes, explain: Yes, upon a successful change in the Future Land Use Designation and Rezone of the property, the property is to be purchased and held by West Valley Nursing Homes, Inc., until such time the company is ready to construct a retirement community at this site. The estimated time for commencement of construction is 10 to 15 years away. Specific plans for that construction has not been drafted at this time but a conceptual plan has been included in this application for general reference. INDEX C 3 9. List any environmental infoi ,. .pion you know about that has been prepareu, .,r will be prepared, directly related to this proposal: No additional environmental information is pending. 10. Do you know whether applications are pending for gover nmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: RECEIVED No other applications are pending. APR 3 0 2012 i i. List any govern ment approvals or permits that will be needed for your proposal, if knoMY OF YAKIMA PLANNING DIV. Comprehensive Plan Land Use change to the Future Land Use Map and Rezone. r12. Give a brief, but complete description of our 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.): The proposal is to change the Comprehensive Plan Future Land Use Map designation and zoning on 5 parcels totaling approximately 21 acres in size. The comprehensive plan land use change consists of changing the Future Land Use Map from Low-density Residential to High-density Residential and the zoning from Single-family Residential to Multi -family Residential. Loc ion of the 13• poser over project, including t provide the ranteny, morn for a person h understand,andrthe known. If proposal LL precise location of your pro- posed project, includin a street address, if an and section township, and range, itknow al would range, p g 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: The properties lie at the southeast corner of Occidental Road and South 861s Avenue, within the City Limits of Yakima, Washington. The address of the property is approximately the8400 Block of Occidental Road. The Yakima County Assessor's Parcel Number; for the property is 181206- 21001, 21005, 21007, 21401 and 2I402. B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) I Space Reserved for 1. Earth a. General description of the site (✓ one): ���flat� rolling Cl—hilly stee slo es mountainous � ����� ., y p p � mountainpus Ott �... , .......... ........ .w b. What is the steepest slope on the site (approximate percent slope)? Approximately 7-8 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. According to the Soil Survey of Yakima County Area Washington, the soil types are: Gorst loam, 2 to 15 percent slopes; Gorst loam, 15 to 30 percent loam; Harwood loam, 2 to 5 percent slopes; Harwood loam, 5 to 8 percent slopes and Harwood loam, 8 to 15 percent slopes. The Harwood loam, 2 to 5 percent slopes is classified as prime rarmland, B. ENVIRONMENTAL ELEMe._ . S (To be completed by the applicant) Space Reserved for Comments d. Are there surface indications or history of unstable soils in the immediate vicinity? If -AAencx so, describe. No _..e ---------- _. ........-------------- ------- _ m�.mw ....... rpose, type, and approximate quantities of any filling or grad . ing e. Describe the Pu. proposed. Indicate source of fill. APR 3 0 20112 No fill or radon is re u�rcd as���°¢ of this application. _..ill . �-- CITY OF Y�tl� Cg�� Could erosion occur as a result of clearing,construction or use'. If so e f. g nerally PLANNING I , describe. Not aspart of this � piicaflon. g P with impervious surfaces after project construction fore example, asphalt ( P , P buildings)? The current site has less than I percent impervious surface. No project is proposed as part of this application. h. Proosed measures to reduce or con .. -- p.-, ......th .... , . yY.., p trot.erosion or other,im'acts to the earth �f an None needed, none proposed. 2. Air a. What type'_ n_.�. �._.� .... proposal a w (. ..�H .. � s of emissions to the air would result from the i.e. dust automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. None as part of this land use change and rezone application. sources of emissions or odor that .. Y � at may affect your proposal? If b. s re Cher a describe. None known by property owner. e _.w .. - - .. c. Proposed measures to reduce or control emissions or other _ P impacts to air, if any: None needed, none proposed.. —,,.—..,_.... W_ __._. ..._. ......... 3.Water _. a. Surface: _-. ,-.1, Is there any surface water.. , .�,,.,r �-..._ ---r- _ 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. Yes, the McGonagle Ditch lies southerly of this proposal. -..... will the project require any work over, in, or adjacent to (within 200 feet) the described waters. yes, please describe and attach available plans. Not applicable, there is no project proposed on the property. 3, tstintate the amount of rill and Tdredge material that would be placed in or remm moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. r 1 B. ENVIRONMENTAL ELEME. 'S (To be completed by the applicant) No. No. No. No. 4. Will the proposal require surface water withdrawals or div description, purpose, and approximate quantities if known. APR 3 0 x 912 eral 5. Does the proposal lie within a 100 -year floodplain? If so, note Location on the site plan. 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, b. Ground: Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. 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. Nota l� ablem this �s a non- qj ct land use a lut e and w ronc a t. �.. , c. Water Runoff (including stormwater): _.. ..... T'. ]. ­. Describe the sourcef runoff (including storm water) and method of collection n and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe, Not applicable, there is no project. 2. _ Could waste materials enter round or surface waters. If so generally describe. g ' , g y escribe. Not applicable. 3. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: None needed, none ts: 4..._..PIa—n ants: a. Check (✓; Deciduous Tree. Evergreen Green: Wet Soil Plants: Water Plants: types of vegetation found on the site: der El Maple Aspen Other Fir ❑Cedar ❑Pine _ Other Shrubs ❑ Grass_.., ❑ Pasture Crop Or Grain'—- ­0 Other Cattail Buttercup ❑ Bullrush ❑Skunk Cabbage ❑ Other Milfoil ...... Eelgrass _... _... Water Lily ...eeeen ❑Other Other Types Of Vegetation: b. What kind and amount of vegetation will be removed or altered? removed or altered as of this apl�V cafion,e. No vegetation will be ov ,.. ... �. Space Reserved for Azencv Comments G5 B. ENVIRONMENTAL ELEML- � S (To be completed by the applicant) c, List threatened or endangered species known to be on or near the site. None known by the property owner, d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None needed, none proposed. 5. Animals: a. Check (v) any birds and animals which have been observed on or near the site or are known to be on or near the site; Birds. vk Heron.. Eagle '-, h""Tb er Mammals- -Beiv- '- - - ------- - er 2bther . .... ... 9 0'§—hellfii� C3 6-th-W—' Fish: Salmon El trout H rrin b. List any List threatened or endangered species known to be on or-n'ear the site. . . .• ...................... None known bathe pro S5y owner. c. Is the site part of a migration route? " if so, explain. No. d. Proposed measures to preserve or enhance wildlife, if any: None needed, noneprop _osed. 6. Energy and Natural Resources . . . .......... .......................... . . ................ . . . a. What kinds of energy (electric, nat- ural 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. No energy is neededL s �drt of ap fication, - — ------------ I'll - _u! , I . .. . . . ......... . . . .............. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe, No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None needed as there is no Proposal. ...... ........ ... . 7. Environmental Health ............... ........ . . ................. - — --------- a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. Im M 1. Describe special emergency services that might be required. PA I emergency servi %�quacd for this apIflication, Proposed measures to reduce or control environmental health hazards, if any: None needed, none proposed. Space Reserved for RECEIV M-NINOMM CITY OF W PLANNING B. ENVIRONMENTAL ELEML .'S (To be completed by the applicant) Space Reserved for ------ Agency Comments b. Noise ----------------- I, Whates of noise exist in the area which h'P y affect t your project (for example: traffic, equipment, operation, other)? Minor traffic -- at typtes in Occidental and levels of noise wou ds be creted by or tc associated with the this o wiproject t on a short-term or a long-term basis (for examples traffic, construction, operation, other)? Indicate what hours noise would come from the site. RECEIVED The land use change and rezone will not create any noise. 3. Proposed measures to reduce or control noise impacts, if any - None needed, none proposed. 8. Land and Shoreline Use ........ a. What is the current use of the site and adjacent properties? The current use of the property is residential and agriculture. Property to the north and west contain a single-family residence and Apple Tree Resort. Property to the east and south contain g ...�..,!ELI2' -. _ sized lots. vacant ands anstn a t�trttNt residences on p tr+�a acre b. Has the site been used for agriculture? If so, describe. Yes, the site has been used for orchard and p astuire. - -- - - ---- c. Describe any structures on the site. The site contains 4 single-family residences and miscellaneous outbuildings associated with hobby d. Will any structures be demo'l'ished? If so, what? No structures will be demolished as part of this application. However, it is likely that as this proposal progresses, overtime, some or all of the existing structures will be demolished and replaced with new buildings. e. What is the current zoning classification of th�.......? _�.....�... � __ • g e site? Single-family Residential f. What is the current comprehensive plan designation of the site? -density Residential If applicable, what is the cur..... . .......... ._.._ g pp rent shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. No, i. Approximately how many people would reside or work in the completed project? Nat app-L,t wble, there is no pro3a t m jApproximately how many people would t�he comppleted project displace? Not applicable, there is no project. k. Proposed measures to avoid or reduce displacement impacts, if any., None needed, none proposed. APR 3 0 2012. CITY OF YAKIMA PLANNING DIV. e�l� B. ENVIRONMENTAL ELEME..:S (To be completed by the applicant) Space Reserved for A enc Comments I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Compliance with Yakima Urban Area Comprehensive Plan, West Valley Neighborhood Plan and Yakima Yakima Urban Area onin Ordinance RECE�V using -............a would be provided, if any. Indicate Aor pproximatelyy '' whether high, 0 middle, come housing. SPR 3 Not phl� � b Approximately m romately how anyun ts,�if any, would be eliminated? Indicate whether high, PLANNING middle, or low-income housing. Not applicable. See 8.d, above. C. Proposed measures to reduce or control housing impacts, if any: Not appkcablc, 10. Aesthetics _ _... What is tallestof proposed structures ludin antennas; what not including � � a _are tbuwld�ng the exterior 0 materials proposed Not applicable, no structures are proposed. b. What views in the imme °W — diatc: vicinity wwoo uld be altered or obstructed? No known views in the immediate area will be altered or obstructed as part of this application. c. Proposed measures to reduce or control aesthetic impacts, if any: None needed, none 11. Light and G lare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Nob lit or lare will be produced as pq of this a,?pfication, ......... b. Could light or glare from the finished project be a safety hazard or interfere with Not c. What existing off-site sources orlight or glare may affect your proposal? There are no known sources of off-site light or glare which would affect this proposal. o. rroposen measures to reduce or control light and glare impacts, if any: None needed, none proposed, INDEX c3 # __ X12 B. ENVIRONMENTAL LL.. $ S (To be completed by the applicant) Space Reserved for A enc Comments 12. Recreation _... adesignated_ _.......... _...._ What and informal recreational opportunities are in the immediate vicinity? Recreational o ro�ortunities have been observed at_Apple Tree Resort. b. Would the ro osed project p p p � displace any existing recreational uses? If so, describe. RECEIVE D No recreational opportunities will be displaced. APR 3 0 2 N. _ c p r or control impacts on recreation, including recreation ato T Y OF YAK MA opportunities be provided by the project or applicant if an PLANNING M. None needed, none proposed. 13. Historic and Cultural Preser v ation a. Are there an lacesf. ._ y p or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known by the property owner. b Generally descpribe any landmarks or o '..m .r.. ..--...... ie" vidence of historic, archaeological, scientific, or cultural important known to be ono next to the site. r None knower the rowowner. . . _..m._...._.._._ c. Proposed measures to reduce or p control impacts, if any: None needed, none proposed. - , m ..... _ . 14. Transportation a. ldentif... �.... .e. .. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site is currently served by Occidental Road, South 85`s and South 86's Avenues which connect to other urban arterials and eventually the state highway system. b. Is site currently serviced by public transit? if not, what is the approximate distance to the nearest transit stop? No. The property owner does not know the nearest transit stop. c. How many parking spaces would the completed project have? How many would the project eliminate? Not aoolicable, thea is no moiect. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No, there is no project at this time. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. I�C.7 B. ENVIRONMENTAL ELEME.. A S (To be completed by the applicant) Space Reserved for "Agency Comments f How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable, there is no project. FIFICEIVEM g. Proposed measures to reduce or control trans transportation impacts, if any: .,w APR � O `� (I None needed, none proposed. CITY OF YAKIPvj . ..... PLANNING DIV, ls. PublicServices a. Would the project result in an increased need for public services (forexample: fire fire - h c� protection, p , pol cerotection, health schools other)? If so, lly describe: No. ..._.- b. Describe the utilities that are propos ...._._... ---------b.—Tie-scribeed_ for the pro--ject, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. No utilities are proposed to be extended to the property at this time. 16. Utilities _� __......................__ �� ..... a Circlecurrently y available at the site:ite: electricity, natural gas, water,, refuse a telephone, p sanitary sewer, septic system, other. b. D r cri each utilities thatthe project, th�__._n tcare proposedp j , e utility providing the the al activities g 'es on the site or in the immediate vicinity, which might be needed. Not applicable, as there is no project at this time. 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. n Property Owner or Agent Signature Date Submitted PLEASE COMPLETE SECTION "D" ON THE NEXT PAGE IF THERE IS NO PROJECT RELATED TO THIS ENVIRONMENTAL REVIEW D. SUPPLEMENT SHEET FOR NONPROJECT ACTIONS (To be completed by the Space Reserved For applicant,) DO NOT USE ME FOLLOWING FOR PROJECT ACT10i" § Agency Comments 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 and how it would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. RECEIVE 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? No increase to water, emissions to air or toxic/or hazardous substances are proposed. No increase to noise levels area ._ ap tpt9 ley, a change aw to the Comprehensive Plan or Rezone. CITY OF YAMA Proposed measures sures to avoid or reduce such increases are; PLANNING DI If applicable, complete an additional SEPA Checklist once a project has been propose-d. How would the ro osal be likely to affect plants, animals fish or marine • P P Y p , , life? This proposal will have no effect to plants, animals, fish or marine life. ..... .. _ ._. ......-- ........ ..wawa ..... �. Proposed measures res to protect or conserve plants, animals, fish, or marine life are: Conservation of these issues would be reviewed through additional SEPA review and iTpLementation of rules and regulations of the Critical Areas Ordinance, as necessary. � � ��— 3. How would t— he proposal be likely to deplete p p I' to energy or natural resources? Not applicable, no natural resources are being exploited through this application. Proposed measures to protect or conserve energy and natural resources are. None needed none proposed. _ 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? Compliance with local, state and federal ordinances will ensure protection occurs. .... _ ....._ ... �..._ .._ Proposed measures to protect such resources or to avoid or reduce impacts are: See answer above. 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? This proposal will not affect shorelines, as there are none. Future land use development of the rrolacrty will be dictated by local, state and federal ordinances. .. _. _ Proposed measures to avoid or reduce shoreline and land use impacts are: Compliance with local, state and _ _ federal ordinances will ensure protection occurs, _.___ _ .,�........... •osal - 6 be" p p likely to increase demands on transportation or public servicesoand utilities?p..ro New development would likely increase traffic on local and state highways. A minor demand in public services and utilities would li el'y occur as the p vpi .!�is develo: t Proposed measures to reduce or respond to such demand(s) are; All new development would be required to meet concurrency requirements prior to * o ntent occurrin . _ 7.. Identify,if possible, whether the proposal may conflict with local state or � P + P p y , federal laws or requirements for the protection of the environment. No conflicts are anticipated. 01co MDEX RECEIVED APR 3 0 L-012 LAND USE APPLICATION G DIV. CITY OF YAKXMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPLANNINPMENT 129 NORTH SECOND STREET) 2ND FLOOR, YA]MA, WA 98902 _j VOICE:�(SM 575-6183 FAX: (5" 575-6105 Answer all questions to bring all nrnett andiced Wn PI planse ask a Planner. Remember application ummn)ng ( W. The Planning Division, cannot accept an Is application PART 11 and III IV - CERTIFICAnON Fad Darr �are on this page. -hod (o this MT 1= a late thea Iia atzx�n, I. Applicant's Name, Address$ Name And Phone Nwnba 5j3WerC 2. '410 Al&&rq City Awep­t C_r WA 41Tp 19 13 Owner0 Agent WA (A -W C4�� 6 r Otha J��A.�4�aI4 Y, Please attach it on 2separate document) 3. Property Owner's- Nam, Nam. eAddress, And Phone Nwbe (If Other Than Applicant) Stred City ,a 2- / 0 1604 ,f PART WCERTMC4T�10N­ 10. 1 certify that the —in—f-a—m—ad-9—nant this =171 mm 92WJ.tw-aw MI -M. ation and the required attachment, are true and carpm to the bat of my knowledge. DATE INDEX # q C-3 5aF 7.Prop"sExisting Zonin❑ g: IR R❑ �-2 ❑ �-1 � 'CC �2 WC CBD ❑ C ❑CBD OC ❑ AS RD E] M-1 ()C 11 AS ❑ RD 11 M-1 B. T �B-1O Of60 Yp n. g Apply) ❑ M-2 ❑ Administrative Adjusanentai t ]in (SEEPA) 4 ❑ ❑ 2) ❑f� V ay �aon Type 3 R C1 E&Scmcnt Releasc Rezone C1 ❑Tran an Con encv "On oncurrency ShortPlat ❑Non-(�mfonr�ng :We El Shoreline 0 SUMCWdUse Long Plot ❑ Ty ❑ Critical Arms 0 3 pe Modification Admin. Modification lnwrPretadon bY)iming Examinar Variance [3 Amended 0 Appeal Home Occupation 13 Tmrporvy use P"it COMP Plan AmendmerI Plat 0 Binding Site Plan 1:1 �'A" Short Plat Exemption:x El Planned Development Cl Mer PART WCERTMC4T�10N­ 10. 1 certify that the —in—f-a—m—ad-9—nant this =171 mm 92WJ.tw-aw MI -M. ation and the required attachment, are true and carpm to the bat of my knowledge. DATE INDEX # q C-3 LEGAL DESCRIPTIONS RECEIVED APR 3 0 2312 CRY OF YAKIMA Parcel A: 181246-21005 PLANNING DIV. The North 215.30 feet of the East 318 feet of Government Lot 3 (The Northeast quarter of the Northwest quarter) of section 6, Township 12 North Range 18, E.W.M.; EXCEPT road right of way on North; AND EXCEPT that portion described as follows: Beginning at the Northeast corner of said subdivision; thence South 0000' East along the East line of said subdivision to a point 380.14 feet North of the Southeast corner of said subdivision; thence North 87002'30" West 13.90 feet; thence North 0022'30" East 316.52 feet; thence South 8056'39" East 11.81 feet to point of beginning. Parcel 1 of Short Plat 79-47, as recorded under Auditor's File No. 2537396. Except that portion conveyed to Yakima County for Road by peed recorded under Auditor's File No. 7230133. Lot 2 of Short Plat 79-47 as recorded under Auditor's File No. 2537396, records of Yakima County, Washington. Situated in Yakima County, Washington LEGAL DESCRIPTIONS t "T F YAKIMA 1 ANNING W. BedOning at the Saotheast corner of Let 3, Sectioa:6,, Township 12 North, Range 18, E.W'.AL, thence running, South 89°38* West along the Soa6,•line of said Lot 3, 1,334'feet to the center of County brad; thence North V06' East 70 feet; thence North 780551 $ast 263 feet; theric t No 6"'15" Iast 62 feet; thente 8'9°38` last. 131 ,feet; thence South 240ST Zas t 85 f thence South'51039' West 103.8 feet; thence South 89°38, West 280 feet to the point of beginning. EXCEPT County road right of way along the Wert line Ah'D BegianingAt a Point .180,5 feetNOrth Of the Northeast corner of the Southeast 114 of the Northwest 114 of'Section 6, Township 12 ,North, FAnje 18, E.W.K, * cc South 89,°38` West 1065 feet., paribel with subdivision line) thence Nafth 6014' t, 519,6 f ; thence East along the North boundary of said Section 6,10-11.4 feet to the 114 section corner for said Section 6; thence South 210119 the center line of said Section 6, 515.1 feet, more or less, to the point of be niuz. kNm Beglnaing st a point 180.51cet North of the Nartheist torcer of the South_ east 114 of the itiorthirest thence cdon 6, T Wp 12 North, � 8«x'nB'Ea b, wl& sxabdl towline) 253.1 feet; tla eza t forth 2814T West, 1.32 feet:, thence Noeth 51037' '"4r ' 130 feet; thence South 89'38' Ww, 87 f ,, thence South aloo;g foe center line of said Section 6, X97 feet, more or less, to the poW of beginning,' A" situated in Yakima County, Washington Gvern„ e.tiorkx Aeginning at tht Northwest comer of sWdJ& 24 ha» «. ,, M F 9" m,: 1 ,;a 1002,00. tenceworth thence P( +iw 60004" West 35.00 Ahm thence South 2p:w . ,.t5'0 e er; ,Worth0*00'FQt2.64 feetto the ft,. poi, I ofb. pb,.. IXCMTWG fromxl Of the „- the following CITY OF A 'ITACT 1: PLANNING DIV. The North { fect of the East318.00 fcat'of,Govmmnw Lot 31 (the Northeast 1/4 of 'Cac Xorth�est 114) twioa' 6, Township 12 "'40t-4 Ratgi is Lw.hL, I?ilei'dI %,.v b, �� k. l' t J. a s ti a :.. i i � s. 7 i ," i a , 1. ' a �.. ♦.. � A l A .�; F--*--,gm&g at the Northeast corner of said Lot 3; 1"K1, •i'.• • i. . c uo _ thenceo a ai w M' d t .d thence North 97*02'10" West 13A feet; Southtb=ct North 0'22'30- Ent 10" fact; thence , the tme t i . r" beginqing. Situated in Yakima County, Washington 1.TWE . OF API?LICATIO 1: OComprel Mtve -M'Text Ano t r tF r Lad Use Map Amendment 0 SR 16"FLNU ZONING OF SUBJECT PROPERTY: R-1 ❑ R-2 ❑ R-3 [113- 1 B-2 ❑ BB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ M-2 J. DESIRED ZONING OF SUBJECT PROPERTY: ❑ SR ❑ R-1 ❑ R-2 R-3 B-1 B-2 ❑ BB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ M-2 4. EXISTING FUTURE LAND USE DC IG A xO ; C Low Density R dendaJ ❑ Medi,uzm ' "aa a convenience � d � lli to aid t�esiderrtial �l prat r�nar ❑', Neighborh W nJ Crrooxnerca a1 ❑ cina Q industrial 5. DF.SIRID FUTURE 1 CD e C �; � LAND USE DESIGNATION: Co Low me ial El Raerodeoonv ❑ ce C Reendenriat 111 Densis Residential ❑ Pmkssional Office ❑ Neighborhood Commercial ❑ Corrven caoo Cerate m al Cd�nso°terci l 0 CBD Core Commaciaj R*13rW CwMercial ❑ Industrial . P[JBLAC FACILITIPS AND SER ICBS AV AILA..81,F: l orpspoaaariara l8aa anal, Polioe �d f P Parks And Trails Schools mater er ❑Sterna' a8e l�rleity ❑ 1J % Telepbone Cable T' �S'. of � subJ irrtiioatxra ro.:: area designatedt. ; o . h.. „ a . deet • * v w x n w M>fa ect propeaty g ads, any as cntical areas, the futum land use designation of adjacent properties, and current & proposed fixture land use designations. Maps are to be provided in both as 8-1/2" 1 l" i l" l7" forrraat arld to a staorJard en. "eat scale e. .1:2 8. SU1B � POR Ph locaaoa' GI:�'I'"Ol'�" the section and T'S; Ilton o'f the proposed amendment indicating Pap for the current Comprehtasive Plan provision sought to be changed, if any, and incl for text arxaenduaents, ii>t : arc text sou t to be oramended a h WR1TI'EN lIregted see meets the bed: (statin the 9. attueraduaeaat g reasons for the request for the amendment and ex how the criteria' YMC :: 16.10. 10. TRAFFIC CON. "Y {—ay be reocoired): ..� ....�,_ r911111i PLAN: 13. A t7 TIOI'. I hereby authorize the submittal of this Comprehensive Plan Amendment Application to the City of Yakima for review. �F � n r� Wra14� r _ 67Pe- Date Note: if you have any qu,'ons about this Process, Please contact us Ci of Y ' WA or 509-57ReviS-6183 City Y �� Platming � 1 d 2nd St, Revised OZ-lI D INDEX tc3 Supplemental Application For: NS YAKMA MUNICIPAL CODE CHAPTER 16.10 m" LRT 71V-- N A Dommap r text was considered? cif u st ces that have changed since the last y our p p 8 time the relevant c iue plan 5� 1174C#eD le a 977SW A)Ar1 *-n0 - {+¢. QwEs-nooj s '3t Et -a,.3 . B. ropOsal better Does vpablecornrchensive plaomprehnsie Plan map or text? If so, how?,n policies than the current relevant C. Does your proposal correct an obvious mapping error?' If so, w hat is the error? D. Does your proposal address an ides tili'ed deficiency in the Comprehensive Plan? If so, what is the deficiency? E. 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 maybe required by RCW 36.70A.100? If so, how? F. Is the proposed Comprehensive Plan Amendment consistent with the Csrowth Management —A�ct RCW Ch. 36.70A, and the Yakima County -Wide Planning Policy (CWP(GMA)p)? If so, how? , Have the cumulative G proposed amendment? I mendmnt?I If so, howflof � nsi comprehensive plan amendments been codered in the evaluation of the H. 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. Note: if you have any questions about this process, please contact us, o Yakima, WA or 509-575-6183 f Yakima, planning Division, 129 N. 2nd St, Revised 02-1I 1rtl�; A, Aa Ilaroes our ro Deal address circarrrastances that have cha rcd since; the last time the relevant comprehensive Tan or test was considered? If so., how? Yes, this proposal addresses circumstances which have changed since the original comprehensive plan was adopted and the most relevant comprehensive plan update. Since the time of the original and updated comprehensive plan adoption, the West Valley Neighborhood Plan has been adopted. A review of that Plan indicates that a majority of the area within the West Valley Area will be designated Low-density Residential by the Plan. A review of the Future Land Use Map within the Plan indicates that is exactly what has happened. Because of this, there is a shortage of "developable" High-density Residentially zoned property in the West Valley Area. In this instance, the intended use of the property is a campus for a retirement community, which will include housing, nursing care and assisted living. A review of the West Valley Area, both inside and outside the City Limits of Yakima, indicate that most of the High-density Residential areas are completely built -out or too small to establish a campus. Additionally, the number of parcels with a High-density Residential land use designation is low and owned by just a few landowners. Based on this lack of available property and the need to provide housing and health care for senior citizens in this community, there is a deficiency in the plan which is addressed by this application. B. Does your 1111!ro osal better im dement a licable roan relreaisav �laaa olicies than the current relevant comprehensive plan map or text? if so flow" Yes, this proposal better implements applicable comprehensive plan policies than the current relevant comprehensive plan map because the change will permit the opportunity to construct a single senior housing and care facility campus at one large location. The proposal better implements the applicable plan policies because it meets the following goal and policy: Yakima QrbgI Area Cp n �ralxen i e Plan Coal 5.6 — Ensure an adequate supply of affordable housing for persons with special needs. Poli.a.� 6,1 -- Support development of new units and the operation of existing units for housing persons with special needs. RECEIVED 00C. APR 3 02212 INDEX CITY OF YAKIMA PLANNING DIV. �; 'WestAPR Valley bNci borhood Plwi Goal 2.2 --Provide a variety of housing, retail and commercial centered on lie Ty OF intersections, in a pattern that encourages walking and bicycling. tA G Div oliq�L2w2. —Encourage medium or high density residential in areas adjacent to and between commercial or retail zoned property along major arterials and collectors. C. Does our ro osal correct an obvious ma m i.n errorl lfso hou ? No, it does not appear that an obvious mapping error occurred. This is a voluntary request on behalf of the property owner to establish a new use on the property based on a need for a High-density Residential designation and a parcel which is large enough to accommodate the proposed use. D. lomws our ro Deal addrm ss amm idm.mmtilled uleficicnm in the Conm mrehensive Plan? If so, what is time deficiene ? This proposal does involve an identified deficiency in the comprehensive plan. The deficiency deals with the fact that there is a need for large parcels of property to accommodate intended uses. Additionally, there is a lack of High-density Residential designated property in the area known as West Valley. The deficiency comes when a developer seeks a site on which to locate a business and there is no appropriately designated and/or zoned property for that use. This request fulfills that deficiency by providing a large area with a High-density Residential designation and adequate land area for future growth. E. Isthe Proposed Comrm grehensive Plan Amendment coordinated with, and take into cons imler mt°ion the comrm . rehcrusive lens udmm ted b dal " a Count or cities with which the Cily of Yakima has in mart common borders or related regional issues as rrma be re uamMcd b 1CW 1.70A.1011" leo how° Yes, this proposal is consistent with RCW 36.70A.100. This application is part of the annual comprehensive plan update for the Yakima Urban Area Comprehensive Plan. The City of Yakima coordinates this update with Yakima County for consistency between the jurisdictions. F. is the ro osed Cann a'elvensive, Plan Amendvrvent cansistent with tlye Growth plana emer�t Aet GMA .� t1A anal the aki:tna Coun -wile tannin folic sW if hawk Yes, this proposal is consistent with the Growth Management Act and the Yakima County -wide Planning Policy because the proposal directs urban growth to an existing urban area (within City Limits first) and encourages infill in an area where all urban level services and facilities are currently provided. The proposal reduces sprawl and is served with an adequate transportation system. This proposal also encourages affordable housing to all economic segments of the population and promotes a variety of residential housing types. G. Have the cua'rulative irn pacts of all coni vrehen,sive Dian amendments been. considered in the evaluation of the nroposed amendment; If so how" The cumulative impacts of all comprehensive plan amendments are determined by the jurisdiction processing the proposed amendment. In this situation, the impact will result in a shift away from low-density residential housing to high-density residential housing. This is a good impact from the perspective of the comprehensive plan which encourages infill projects within City Limits to reduce sprawl and best use existing services and facilities available. H. For Future Land Use a changes, lease Drovide descriptive information reeardine the vroverty. including the status of existing land use access to sewer and water as well as flue availaliii of arblie facilities sueh as scaorls fire and nolice services. The subject property consists of five parcels totaling approximately 21 acres. The site contains 4 single-family residences, pasture and orchard. All urban services and facilities are available to the property, or can easily be extended to the property, as needed. The property lies within the West Valley School District and is served with police and fire protection by the City of Yakima. RECEIVED APR 3 ll "31 CITY F YAKNA P1,,,,ANNING DIV, ".. INDEX �c�3 Sopieoaeetsl Appl3catlon For. ........ RZONES �� RECEIVED YAKMA MUM » CODE CHAPTER 15M APR 3 0 2"12 CITY OF " AKII A 1.11 I"1C A "I Cl TICl1 P� A I INGDIV. :. 1. EXISTING ZONING OF SUBJECT I'RGPER"I'", , : .� SR R-1 ❑ R-2 ❑ R-3 ❑ B -I ❑ B-2 ❑ 1� ❑SCC ❑LCC ❑CBD ❑ GC ❑ AS ❑ RD ❑ M-1 ❑ M-2 2. IAF � F STJI3JF4�"T` l'R,O ❑ SR ❑ R-1 ❑ it -2 R-3 &1 B-2 ❑ HB ❑SCC ❑LCC ❑ CBD C,,C 3. ZONING OF ADJOINING❑ AS ❑ RD ❑ M-1 ❑ M-2 O 1' ❑ . �1 � {check all that apply); ❑ SR R-1 ❑ R-2 ❑ R-3 ❑ B-1 XB -2 ❑I HB ❑ SCC ❑ LCC ❑ CBD ❑ GC ❑ AS ❑ RD ❑ M -I ❑ M_2 4. EXISTING FUTUn LAND USE l 1 SICI A7IOl WI-°"' Density Residential 11 Medium Density Residential ❑ High Deasity Residential ❑ Professional Office ❑ Neighborhood Commercial ❑ Large ConvenieMm Center ❑ Arterial Conuacrcial ❑ Regiottel Commercial ❑ Industrial 5. PROPOS USE D I{",NA"1"10N Is there a pToposed change to the Future Land Use Map? If so what is the proposed future land use designation? ❑ Low Density Residential ❑ Medium Density Residential High brnsiry Residential ❑ Neighborhood Commercial ❑ Large Convenience Cents ❑ Arterial Commercial ❑ Regional Commercial 6. PUBLIC FA XTransportation DdWater OS.., ❑ Industrial ❑ CBD Core Commercial ❑ Professional Office ❑ CBD Core Commercial S ANDS"IWR4"lS AwAEJ"1: 9R'S'� waY Police And Fire Protection XParks And Trails orSchools ❑ Starm Drai a MrF,ectridty ❑ Nahael Gas -7777 {�ereyoae r {g �e reason for the requesK for the � 8. I NCO I 1TCI L,1 ST {r 9. TRAFFIC C09 � ENNCY (maybe PLAN (required if the rezone is associated with laxed Wuse ntcnt) Rftelepbone Cable TV rezone, explaining how the Proposed 11. AUTHORIZATION: I hereby authorize the submitral of this Rezone or Text Amendment Application to the City of Yakima for review. Note: if you have any qucsuons about titin process, please contact us City of chum,, WA or 509-575-6183 r Division, 129 N. 2nd SL, 02-11 INM - Supplemental Application For; REZONES RECEIVED otal YCE[AnER 15.23 APR 3 0 2312 C17Y OF YAKIMA PART IV - N .ATM I -At %l property suitable for uses permitted under I. Ho!!w��4is the subject py ro peuner ta proposed zoning? 5'0G s?fktC��p ,WXXI p/ Al�ONj� -TD L QrtEs7lwu Q What is the status of existing land use? —H—o—wis the 7 ComprehensivePlan?ne west in cam liance with and/or how does the r nest deviate from the Yakima p e9� Urban Area K. 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? Are die existing public facilities capable of supporting the most intensive use of the new (requested) zone?.If room what mitigating measures are ,going to be implemented to address any short falls in public services that may exist? L. How is the proposed zone change compatible with the existing neighboring uses? %at .mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open spats trnffic flow alteration, etc,? M. What is the public need for the proposed change?� Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129' N. 2ndJSt,Yakima, WA or 509-575-6.183 Revised 02 PART III - ]REZONE NARRATIVE APR 3 0 2212 1. I -low is the s,ubiect ro ert-v suitable for uses )ermitted under the proposed zoning? The property is well suited for all High-density Residential uses permitted under the proposed zoning. The property is relatively flat in the northern area and gently slopes to the south. The property is served with sanitary sewer along its west line. Domestic water is in the immediate area to the east and west and can easily be extended to the site. The property fronts on Occidental Road, an urban arterial, along the north, The property also has,frontage along its west line to South 96th Avenue:, a collector. A local access roadway, South 8 51h Avenue enters the property from the west and exists to the north. FoMecause of these attributes, the property is ideal for any use permitted in the Multi -family Residential Zoning District. What is the status oft a existing land use? The subject property is currently owned by Wayne Clasen and Apple Land Investments, LLC. Mr. Clasen is also the owner of Apple Land Investments, LLC. The property is under contract for sale to West Valley Nursing Homes, Inc., dba, Living Care Retirement Community, subject to approval of this rezone, It is the intent of Living Care Retirement Community to establish a senior housing and care facility at this location. A conceptual site plan of the facility has been included in this application for reference. The subject property consists of five parcels totaling approximately 21 acres. The site contains 4 single-family residences, pasture and orchard. All urban services and facilities are available to the property, or can easily be extended to the property, as needed. Also under contract to purchase from Mr. Clasen by West Valley Nursing Homes, Inc,, are five other parcels of property which abut this proposal on the south. Those five parcels are: 181206-24402, 24404, 24407, 24409 and 13400. These parcels are currently located within Yakima County and an application with Yakima County would need to be undertaken in order to rezone those properties. J. How is the rezone request in compliance with and/or how does there nest deviate from the Yakima Urban Area Comprehensive Plan? The rezone request is in compliance with the Yakima Urban Area Comprehensive Plan because it meets the intent behind the text of the plan as it deals with the High-density Residential designation: Specifically, as defined by the comprehensive plan, this proposal and general area meets the intent of the High-density Residential designation because the designation states: "Multi -family residential development may include apartments, condominiums and townhouses, containing 12 or more dwelling units per acre. A limited range of other mixed land uses may be permitted, such as some professional offices and community se,,iviees. " This proposal meets that definition and is further supported by the following goals and policies: Yakill,ia Urban Area Conamehensive Plan Goal 5.6 — Ensure an adequate supply of affordable housing for persons with special needs, Poliev 5i.6.1 — Support development of new units and the operation of existing units for oedRECEJVLC:J, housing persns with special nes, APR 3 0 "012 wcst'vallt.y N��j&tlh( t - Goal 2.2 --Provide a variety of housing, retail and commercial centered on key QTY OF YAKIMA intersections, in a pattern that encourages walking and bicycling. PLANNING 1XV, 0111 11 11 is I WkMWORU #•. 11 $ * air, Wdrold(4-dr-1 K. Are there adeguate public facilities, such as traffic capacity, sewer services, ipotable water, stormwater draina e schools itre and police services and other vublic services and infrastructure .existing on the and around the subject Lrope ty. . E_ _! Tes, thereare adequate public facilities to serve this proposal. The subject property hes South of Occidental Road, and ea,st of South 85"h Avenue, The street system is adequate for the proposal, subject to necessary improvements that are required during project review, once a development is proposed for the site. The property is served with all other infrastructure including sanitary sewer, electricity, telephone and any other needed utilities. Domestic water is currently off-site but can easily be extended. Additionally, the site is protected by the Yakima Police and Fire Departments. Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are of to be implemented to address any short falls in public services that may exist? 11 1%W-4CSr- IVA Iff I 411,a 1410) 1 WAV I IN DOCO WDEX and facilities are in place at his/her/their expense through land use concurren requirements. i 1.1. How is the 12ro uses? The proposed zone change is compatible with existing neighboring land uses because surrounding properties that lie directly to the north and west are generally under the ownership of Apple Tree Resort and should remain in open space and other business activities associated with the resort. Those properties to the north and west are also a mixture of Local Business and Single-family Residential zoning. Multi -family Residential is usually considered a buffer zone between commercial zoning and low- density residential zoning, In this instance, the buffer would be created. All other surrounding properties in the general area are zoned Single-family Residential and are located on large Lots, thus, giving the surrounding area a rural residential characteristic. Because the intended use of the property is known, it is possible to establish the intended use in a way that will have minimal impact on surrounding neighbors. A review of the conceptual site shows that large property borders are being established to protect the surrounding neighboring uses from any adverse impact that may be established. Additionally, the establishment of a facility like this must undergo additional zoning review. Nursing homes and assisted care centers are required to be reviewed as Class 2 Uses under the current zoning code. Class 2 Review is a process where public notice is mailed to all fsroowners I thin 30 and submitted for approval by the City. During the public notice, a comment period is established for adjoining property owners to submit comments to the City on the compatibility of the project with surrounding uses. This assures that all issues of compatibility are explored and the project is compatible with existing surrounding uses. What mgating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space, traffic flow alterati1'... o o mitigation is proposed as part of the rezone request. However, appropriate mitigation is built into the zoning code through regular site plan approval, which would be required as part of any project submitted. It should be noted that further Class 2 Review is required for development of a nursing home and assisted care facility at this site. CITY OF YAKIMA PLANNI't , Q IV i "N 0 moEX 4t C-5 X What is thel, blit raced for the proposed change? The public need arises from the fact that it is difficult to find appropriately zoned property for large projects within the City of Yakima and its Urban Growth Area. Thus, a demonstrated deficiency of appropriately zoned Multi -family Residential property exists. As the population ages, it is necessary to provide affordable housing, nursing and care facilities for that population. This site affords that possibility. The property is large enough to establish a campus and have all the necessary services for the aging population at one facility. Living Care Retirement Community has been looking for several years for property to establish a new campus and have not been able to find a location. This site meets their needs. In this instance, the proposed rezone will provide an area for a new facility and remain within the City Limits of Yakima, The public expects successful businesses to expand and remain in Yakima. This rezone meets that public need and perspective. C4TY OF` YAKIMA PLANNING DIV DOC. WDEX # &---el ti �f Department of Commu, and Economic Development Office of Code Admirals bra Receipt Number, CR -12-083273 1 � 129 North Second Street, 2nd Floor Yakima, Washington 98901 Receipt Date N .. _ Cashier. EHAZEN Payer/Payee Name: WING CARE RETIREMENT COMMI,INIT� ry 04130f2012 ... Cash .. .. �.......-..-w.. _ _ _ Original Fee _... Amount Fee Application # Parcel Fee Description 'Amount Paid Balance CPA#006-12 18120621001 Comprehensive Plan Amendment $500.00 $500.00 $0.00 85TH AV SIOCCIDENT SEPA#018-12 18120621001 SEPA Environmental Review $265.00 $265.00 $0.00 85TH AV SlOCCIDENT RZ#006-12 16120621001 Rezone $680.00 $680.00 $0.00 85TH AV SlOCCIDENT Total Paid; w ....................$1,445.00 Tendered Amt: $1,445.00 Change Due: $0.00 en Reference Tendered Fethod NumberAmount CHECK 28210 $1,445.00 Total: $1µ,445.00 ...�__._..�.__. _ _ ...._.µ. _...-.... .w Previous Payment History ..... . ......_. Receipt # Receipt Date Fee Description Amount Paid Application # Parcel � City of Yakima Planning Commission (YPC) i�V 1,�` �:7�11711➢ FILE a',Ih^; City Hall Council Chambers Meeting Minutes of August 22, 2012 Call to Order Chairman Ben Shoval called the meeting to order at 3:30 pm. Roll Call YPC Members Present: Chairman Ben Shoval, Co -Chair Bill Cook, Scott Clark, Betty Carley, Al Rose, Ron Anderson YPC Members Absent: Dave Fonfara Staff Present: Bruce Benson, Supervising Planner; Jeff Peters, Associate Planner; Mark Kunkler, Assistant City Attorney Others: Bill Hordan, Cal Groenenberg, Jim Johnson, Chuck Johnson, Joe Walsh, Ron Pelson APprovem the Minutes of une 13 2012Tune 27, 2012 and u 111 2012 A motion was made by Mr. Clark, seconded by Mr. Rose, to approve the meeting minutes of June 13, 2012, June 27, 2012, and July 11, 2012. Motion carried by unanimous vote. Audience Participation No audience participation. Continuation of Public Hearin : CPA#006-12 A We l.allid InvestmentsJ Clasen, Chairman Shoval re -opened the public hearing for additional testimony and discussion. Mr. Jim Johnson, 8210 Occidental Road, expressed his strong opposition to adding multi -family residential in the area. His land is adjacent to the subject property on the east and specifically chose that area because of the established low density designation. Mr. Chuck Johnson, 177 Katie Lane, Selah, addressed the Commission and stated the reasons he was against the proposed rezone. He feels that R-3 zoning is inappropriate in that area due to the insecurity of the future plans. His primary concern is that once it is rezoned to R-3, the property can be sold and developed with low-income housing. The roads are not improved; there aren't sidewalks, curbs, traffic signals. He would feel more comfortable with the rezone if the applicant had submitted a planned development with a specific plan. Bill Hordan, 410 North 2nd Street, objected to the new testimony provided by the neighbors. At the last meeting, the Commission stated that the purpose of the continuation for the public hearing was to allow the Planning Commission members additinnal time to rnnriurt a .cite visit -1 D00W INDEX C The Commission was unclear as to whether the last public hearing was continued or closed. Mr. Kunkler clarified that the public hearing could be reopened and further testimony would be allowed. With that, Mr. Shoval reopened the public hearing for additional testimony. Mr. Cal Groenenberg, 5404 Mt. Aix Way, Executive Director of West Valley Nursing Homes dba Living Care Retirement Community. They are in an agreement to purchase this property if this request is approved to expand their operations to meet the needs of the senior citizens for housing services. He described the proposal to be a mix of housing units in a campus setting. Mr. Cook expressed concern about the lack of assurance regarding the outcome of this proposed development. Mr. Benson suggested the Commission review the uses permitted in the R-3 zoning district to get an idea of the intensity allowed. Ms. Carley felt uneasy in approving this rezone from low density to high density. Mr. Hordan advocated for the applicant stating they should not be penalized for thinking ahead and the issue of incompatibility is not relevant because only one neighbor is in opposition. In addition, he argued that the West Valley Neighborhood Plan indicates a need for high density residential developments in the urban growth area. He also noted that further review of the project will be necessary upon development. Mr. Hordan appreciated the opportunity to supplement their testimony and encouraged the Planning Commission to approve this comp plan amendment and rezone request. Mr. Jim Johnson provided positive feedback on their concept plan. He stated that if a planned development was submitted to ensure that what they are proposing actually happens, he would not be in opposition. Mr. Benson pointed out that a planned development has to be accomplished in a timely manner; it cannot stand for a period of fifteen years as the applicant is proposing. After extensive discussion regarding a possible approach to solve this matter for the benefit of the applicant; Mr. Anderson made a motion, seconded by Mr. Rose, to recommend approval to the City Council for the comprehensive plan amendment and rezone change subject to a develop agreement that substantially conforms to the proposal submitted by the applicant. Motion carried by a 6-0 vote. Public Hear_22 Zan�rinwne Text Amendments Mr. Jeff Peters summarized the changes being proposed to the Urban Area Zoning Ordinance as follows: 1. Amendments to Table 4-1, Permitted Land Uses to reinstate the "Office: Contractor Building and Trade g�lujjjbjn -leabn e tKLil W and Painffi:�!'" land use category and correct an existing deficiency. 2. Amendment of YMC 15.05.030(B) Creation of New Lots to change the way that a fraction of a dwelling unit is rounded to be consistent with usual mathematical practices. Mc -2- INDEX 3. Reduction in the minimum lot size for common wall and zero lot line single-family homes identified in YMC 15.05 Table 5-2 for the Suburban Residential (SR) and Single -Family (R-1) zoning districts to be reduced to 4,000 square feet, and the minimum lot size in the Two -Family (R-2) and Multi -Family (R-3) zoning districts reduced to 3,500 square feet. 4. Modification of YMC 15.05.055 New Development Improvement Standards to provide specific access standards which reference the International Fire Code and ensure that new single-family, multi -family, or mixed-use residential developments have adequate public street connections for both primary and secondary access which promote safety for emergency access and circulation within and between developments. 5. Amendment of 15.06.050(D) Off -Street Parking and Loading - Computation of required spaces to allow tandem parking for duplex developments. Planning staff recommends to the Yakima Planning Commission approval of the proposed text amendment requests of the Yakima Urban Area Zoning Ordinance. Chairman Shoval opened the floor for testimony. Ron Pelson, 410 West Chestnut Ave, spoke in reference to tandem parking. He initially suggested allowing tandem parking for duplexes with garages however he supports the amendment as presented. Considerable amount of discussion ensued regarding the benefits and disadvantages of adding the garage component to the text amendment. Subsequently, Chairman Shoval closed the public hearing and the Commission agreed to proceed on a vote for the first four text amendments listed above and return for further discussion on #5. Mr. Rose made a motion, seconded by Ms. Carley, was to approve the first four text amendments as presented. Motion carried by 6-0 vote. Following brief dialogue, Mr. Clark made a motion, seconded by Mr. Rose, to recommend approval to allow tandem parking for duplex developments. Motion carried by a 4-2 vote. Ms. Carley and Mr. Cook voting no. The Commission was in agreement for Chairman Shoval to sign the proposed Findings of Fact. Other Business No further business. Adjourn This meeting adjourned at 4:36 p.m. to September 12, 2012. n Shove Date This meeting—v.-45' filmed by YPAC. Minutes for this meeting submitted by; Rosalinda Ibarra, Planning Technician -3- DOC. INDEX —"... City of Yakima Planning Commission (YPC) City Hall Council Chambers Meeting Minutes of August 8, 2012 Call to Order Chairman Ben Shoval called the meeting to order at 3:30 pm.. Roll Call YPC Members Present: Chairman Ben Shoval, Co -Chair Bill Cook, Dave Fonfara, Betty Carley, Al Rose, Ron Anderson YPC Members Absent: Scott Clark Staff Present: Bruce Benson, Supervising Planner; Jeff Peters, Associate Planner; Mark Kunkler, Assistant City Attorney; Rosalinda Ibarra, Planning Technician Others: Bill Hordan, Gary and Donna Rookstool, Thomas Brown, Tommy Hanses , diencePartj!ci ation No audience participation. Public 1 ea ins - 2 I Y �arl�prehensiv mPlj1L1 4p Amendments Chairman Shoval opened the public hearings for the 2012 Comprehensive Plan Map Amendments. Supervising Planner Bruce Benson summarized the first request as follows: CPA#003-12 (RZ#003-12, SEPA#015-12) - is a proposal located at 1021 South 31s' Avenue submitted by Donna Lockhart and Gary Rookstool to change the Future Land Use map designation for one parcel from Medium Density Residential to Neighborhood Commercial and rezone from Single -Family Residential (R-1) to Local Business (B-2). The subject property consists of an approximately 7,200 sq ft lot with a single-family home and a detached garage. It appears the garage was illegally converted and used for commercial purposes. Mr. Benson noted that all the necessary utilities are available at this location and it is accessible by either Nob Hill Blvd or S 31s' Avenue. However, given the amount of neighborhood opposition and the relatively small size of the site, the suitability of this property for compatible commercial use is not evident as it is surrounded on three sides by R-1 Single -Family Residential zoning; therefore it is not considered contiguous with neighboring land uses. Staff is recommending denial of this amendment request. Chairman Shoval opened the floor for testimony: Testimony: Mr. Bill Hordan, 410 N 2nd Street, Yakima, WA 98901, provided testimony on behalf of the applicant's. He stated that the historical use of the property has been primarily for commercial purposes. The applicant desires to establish an office to serve as a drop- off/pick-up location for customers who wish to get their oriental rugs and carpets cleaned. He said the carpets would not be cleaned on-site and the business would operate by appointment only. Mr. Hordan addressed the concerns related to the traffic circulation issues. He feels there is appropriate space to accommodate two parking spaces and no new vehicle trips would be generated by their business. Mr. Hordan encouraged the Planning Commission to approve this request. Mr. Rose asked if the business office would be located in the house. Mr. Hordan replied that it wouldn't and that the house would continue to be used as a rental property. Thomas E. Brown - adjacent neighbor at 1019 S. 31s' Avenue - spoke against this proposal and expressed his disagreement with Mr. Hordan s statements. His main concern is the intensity of land uses that would be permitted if this property is rezoned to B-2 Local Business, such as apartment buildings, taverns and bars, as well as the possibility of expansion by acquiring neighboring parcels. He submitted a petition to the Planning Division with 13 neighboring property owner's in opposition. The neighbors are concerned with the additional traffic impacts. Mr. Hordan responded to Mr. Anderson's question regarding noise stating that additional noise will not be generated since the carpet cleaning will done off-site. No further testimony. Chairman Shoval continued this hearing for discussion towards the end of the meeting. Chairman Shoval re -opened the public hearing and Mr. Benson provided a brief overview of the following amendment: CPA#002-12 (RZ#002-12, SEPA#014-12) - is a proposal located in the vicinity of the 1500 block of North 611, Avenue submitted by Washington Fruit & Produce Company to change the Future Land Use map designation for nine parcels from Regional Commercial to Industrial and rezone nine parcels from Large Convenience Center (LCC) to Light Industrial (M-1). All utilities are in place to serve the industrial use of this property, including the new industrial waste sewer line. The proposed zone change is compatible with existing neighboring land uses because surrounding properties that lie directly to the south and east are currently zoned Light Industrial and consist of manufacturing businesses. Staff recommends approval of this amendment request. Chairman Shoval opened the floor for testimony: Testimony: _�_ INDEX Bill Hordan, 410 North 2nd Street, spoke on behalf of the property owner in support of this amendment request. He pointed out the importance of the future extension of the industrial waste line which will serve the industrial needs of this area. After no further testimony, Chairman Shoval closed the public hearing and asked for a motion. A motion was made and seconded to recommend approval to change the Future Land Use designation from Regional Commercial to Industrial and rezone from Large Convenience Center to Light Industrial. Motion carried by unanimous vote. Chairman Shoval re -opened the public hearing and the following request was summarized by Mr. Benson: CPA#004-12 (RZ#004-12, SEPA#016-12) - is a proposal located on the east side of North 40th Ave in the 300 block. It is submitted by West Valley Nursing Homes, Inc to change the Future Land Use map designation for three parcels from Medium Density Residential to High Density Residential and rezone from Two -Family Residential (R- 2) to Multi -Family Residential (R-3) for possible expansion of the existing nursing facility. The proposal is minor in nature and is consistent with the Growth Management Act because it encourages affordable housing and promotes a variety of residential housing types. The property is served by all necessary public utilities for the purpose of high density use. The proposed use addresses the need for additional senior housing facilities. Staff recommends approval of this map and rezone request. Chairman Shoval opened the floor for testimony: Testimony: Bill Hordan, 410 North 2nd Street, spoke on behalf of the property owner in support of the proposed project. He believes it is an interesting project for the betterment of the senior citizen community. He then introduced Mr. Calvin Groenenberg and Mr. Dennis Malgesini, administrators of Living Care Retirement Community. Mr. Groenenberg proceeded with an extensive presentation of their proposed plan. He described the vision of the future expansion of the retirement facility. To accomplish that goal, an R-3 zoning district is required due to the proposed use. Several questions came up regarding the specifics of the project. Mr. Cook wanted to know how many units are currently in the facility versus how many units would be proposed in the new concept. Mr. Groenenberg provided a breakdown of current units: 187 retirement apartments, 39 assisted living units, and 78 skilled nursing units. The new proposal includes: 153 retirement apartments, 39 assisted living, and 78 skilled nursing units. Mrs. Carley asked how the view from the neighboring properties will be affected. Mr. Groenenberg pointed out the view on the conceptual site plan. A concern related to traffic ingress and egress was discussed. In closing, Mr. Hordan added that the proposed expansion project will require additional review in the future and all the concerns raised will be addressed at that time. Hearing no further testimony, Chairman Shoval closed the public hearing and asked for a motion. A motion was made and seconded to recommend approval to change -3- 0000 INDEX C � the Future Land Use designation from Medium Density Residential to High Density Residential and rezone from Two -Family Residential to Multi -Family Residential. Motion carried by unanimous vote. Chairman Shoval re -opened the public hearing and Mr. Benson continued with the following map and rezone request: CPA#005-12 (RZ#005-12, SEPA#017-12) - is a proposal located at 714 South 6th Street submitted by Yakima Venture Capital LLC to change the Future Land Use map designation for one parcel from Low Density Residential to Neighborhood Commercial and rezone from Single -Family Residential (R-1) to Local Business (B-2). The property is currently vacant and all necessary utilities are in place to serve this lot. The proposal complies with the Growth Management Act and the Yakima Urban Area Comprehensive Plan goals and policies for commercial development. Because no adverse impacts have been identified by the approval of this amendment request, staff is recommending this request be approved. Chairman Shoval opened the floor for testimony: Testimony: Bill Hordan, 410 North 2nd Street, testified in favor of this proposal. He indicated the property owner was unable to attend the public hearing due to being out of town. This area serves as a small commercial node for the neighborhood. A small market is in operation and also a Laundromat is in the process of construction immediately south of this lot. Having this commercial zone provides the residents of the neighborhood walk able access to commodities and services. He encourages the Commission to recommend approval to the City Council. Mr. Rose and Mr. Fonfara raised a concern as to whether parking was going to be an issue for future development on this property. Mr. Benson responded that parking requirements are an adjustable standard. Mr. Hordan added that the property owner has not disclosed what type of business would be developed there, which would make a difference in the parking requirement. Mr. Benson replied to Ms. Carley's inquiry regarding the placement of the loading sign which was a requirement on a previous review stating it has been installed. After no further testimony was given, Chairman Shoval closed the public hearing and asked for a motion. A motion was made and seconded to recommend approval to change the Future Land Use designation from Low Density Residential to Neighborhood Commercial and rezone from Single -Family Residential (R-1) to Local Business (B-2). Motion carried by unanimous vote. Chairman Shoval re -opened the public hearing and Mr. Benson continued with the following map and rezone request: CPA#006-12 (RZ#006-12, SEPA#018-12) - is a proposal located in the 8400 block of Occidental Road submitted by Apple Land Investments LLC/Wayne Clasen to change the Future Land Use map designation for five parcels from Low Density Residential to High Density Residential and rezone from Single -Family Residential (R- 1) to Multi-Family Residential (R-3) for the future development of a retirement community campus. Mr. Benson reiterated that the West Valley Neighborhood Plan lacks multi-family designations and cautioned the Commission that although the intent of the developer is to construct a senior living facility they should consider all the potential land uses that may be permitted in the Multi-Family Residential zoning district. Public facilities, such as police and fire protection are provided to this area; however, currently the property does not appear to be connected to city sewer or Nob Hill Water. The change in the Future Land Use map and rezone is consistent with the goals and policies of the Comprehensive Plan, West Valley Neighborhood Subarea Plan, Growth Management Act, and the Yakima County Wide Planning Policy; therefore, staff recommends approval for the change to the Future Land Use map and rezone request. 1 esirn oil Bill Hordan, 410 North 2nd Street, expressed his support for this proposal. He disclosed that the property in question is in a purchase-sale agreement between Apple Land Investments and West Valley Nursing Homes contingent upon approval of this request. West Valley Nursing Homes is the interested party and at this time does not have an immediate plan for development; they are seeking property for future long- term site growth. Mr. Hordan recognized the lack of Multi-Family Residential and asked the Commission to support this proposal. Cal Groenenberg, 5404 Mt. Aix Way, encouraged the Planning Commission to approve their comp plan map and rezone change. Acquisition of the property is feasible for their organization at this time because of the availability of the property and cost. Their intent is to secure this property for future construction of a retirement facility in Yakima. A conceptual plan was described. He expressed appreciation to the Commission to consider this proposal for approval. Mr. Fonfara raised concern for the lack of High Density Residential in the West Valley area due to the conflicting goals and policies between the West Valley Neighborhood Plan and the Comprehensive Plan. He specifically pointed out that the WVNP does not provide for High Density Residential and the Comprehensive Plan promotes it. Staff agreed with his observation. Ms. Carley questioned whether public notification was reasonable due to the small amount of residents that were notified of this review process. Mr. Benson described the public participation process which is stipulated by ordinance. In addition to Mr. Fonfara's concern, Mr. Cook noted that this is the first land use change, within the city limits, located in the West Valley Neighborhood area and asked whether the County Planning Commission had any say regarding the recommendation to the City Council. Mr. Benson affirmed that the County was given the opportunity to comment on this proposal but the recommendation belongs to the City Planning Commission. Ms. Carley requested additional time to view the site. After a lengthy discussion and further testimony by Mr. Hordan on whether or not to table this item to a later date, the Chairman closed the hearing and asked for a motion to recommend approval of - 5 - DOC. IDEX this request; motion was made but failed with a 3-3 vote. In the end, it was agreed by a motion and a 4-2 vote to allow additional time for those members who wanted to conduct a site visit to the property. This hearing will continue to the next meeting of the Planning Commission on August 22, 2012. Chairman Shoval re -opened the public hearing for CPA#003-12 (RZ#003-12, SEPA#015-12) and asked for further testimony. Hearing none, he closed the public hearing and proceeded to discussion. Areas of concern discussed among the Commission included increase in traffic, safety issues with egress and ingress, permitted land uses, assurance of proposed use, parking standards and requirements, incompatibility, and neighbor opposition. Chairman Shoval re -opened the public hearing momentarily to allow Mr. Hordan to clarify a few of their concerns. Mr. Hordan agreed with the Commissions position that there is no reassurance about future land uses in that location; however, he pointed out that the size of the lot doesn't provide sufficient space to accommodate most of the types of businesses allowed in the B-2 zoning district. He also noted that their proposal is to continue with the Oriental rug cleaning business and the city will review their site plan prior to obtaining a business license. Mr. Peters advised the Planning Commission that approving the rezone would create nonconformity due incompatibility with the residence - a single-family home in the B- 2 and B-1 zone is classified as a Type 3 Use. He also informed that if approved, the residential unit would have to become the caretaker dwelling for the business. Mr. Hordan stated that it would become a legal non -conforming use and asked for the opportunity to meet with the Planning staff to develop some type of conditional rezone. Chairman Shoval closed the public hearing and asked for a motion. A motion was made by Ms. Carley and seconded by Mr. Fonfara to deny this amendment request. Motion carried with a 4-1-1 vote (4 yes,1 no,1 abstention). Mr. Fonfara informed the Commission that he will not be able to attend the next meeting. Adjourn This meeting adjourned at 5:11 p.m. to August 22, 2012. r it°lean Ben Shoval a 1 ?- Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Rosalinda lbarra, Planning Technician -6- City of Yakima Planning Commission September 12, 2018 Definitions for Hotel, Motel, Extended Stay Moratorium Council Motion: That this matter be sent to the Planning Commission for research and evaluation, and that the Planning Commission make a recommendation to Council proposing definitions for the following terms: Hotel; Motel; and Extended stay; and make recommendations regarding what zones are appropriate for those uses and at what level of review. Draft Definitions for Consideration and Discussion: "Hotel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of common interior hallways, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer consecutive days. "Motel" means a lodging use located in a structure, or structures, where rooms are usually accessed by means of exterior corridors, and which more than 90% of the rooms are provided to transient visitors for a fee on a daily or short-term basis. For purposes of this definition, "daily or short term" means 30 or fewer consecutive days. Extended Stay options 1. "Extend Stay Hotel/Motel" means a lodging use in a structure, or structure, where more than 10% of the rooms are provided or made available to the public for a fee for extended stays. The length of stay can be up to or exceed 30 consecutive days. Rooms designated for extended stay use may include kitchen facilities. This definition does not include other defined uses including, but not limited to, a boarding house or multi -family dwelling. 2. "Extended Stay Hotel/Motel" means a hotel or motel that rents rooms to the public for longer stays, which are more than 30 consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house or multi -family dwelling. Existing Zoning Districts: SRS R-1 R-2 R- B-1 B-2 IHE SCC ILCC AS GC CED IRO M-1 M-2 Motels and IHIote,lls 2 1 1 1 1 1 1 1 1 1 Extended Stay Hotel/Motel 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION Chapter 11. Istiling I 111CW 111CIG liisllposliitliioins Chapter 70 114 . RCW TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION Sections 70.114A.010 Findings—Intent. 70,114 „020 Definitions. 70„114 „030 Application of chapter. 70„114 „040 Responsibilities of department. 70.114A.045 Housing operation standards—Departments' agreement—Enforcement. 70„114 „050 Housing on rural worksites. 70„114 „050 Inspection of housing. 70„114 „055 Licensing, operation, and inspection—Rules. 70.114A.070 Technical assistance. 70„114 081 Temporary worker building code—Rules—Guidelines—Exceptions—Enforcement— Variations. 70„114 „100 Rules—Compliance with federal act. 70„114 „110 Cherry harvest temporary labor camps—Rule making—Definition—Conditions for occupatio nApplication. 70 114A 901 Effective date -1995 c 220. 70.114A.010 Findings—Intent. The legislature finds that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state. The legislature also finds that unclear, complex regulations related to the development, construction, and permitting of worker housing inhibit the development of this much needed housing. The legislature further finds that as a result, many workers are forced to obtain housing that is unsafe and unsanitary. Therefore, it is the intent of the legislature to encourage the development of temporary and permanent housing for workers that is safe and sanitary by: Establishing a clear and concise set of regulations for temporary housing; establishing a streamlined permitting and administrative process that will be locally administered and encourage the development of such housing; and by providing technical assistance to organizations or individuals interested in the development of worker housing. [ 1995 c 220 § 1 „] 70.114A.020 Definitions. The definitions in this section apply throughout this chapter. (1) "Agricultural employee” means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity. http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 1/6 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION (2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not limited to the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities. (3) "Department" means the department of health. (4) "Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, that is: (a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and (b) Physically separated from other sleeping and common -use areas. (5) "Enforcement" and "enforcement actions" include the authority to levy and collect fines. (6) "Facility" means a sleeping place, drinking water, toilet, sewage disposal, food handling installation, or other installations required for compliance with this chapter. (7) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site. (8) "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, 'operator" means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement. (9) "Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site. (10) "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for his or her agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy. [ 1999 c 374 § 6; 1995 c 220 § 2 „] 70.114A.030 Application of chapter. Chapter 220, Laws of 1995, applies to temporary worker housing that consists of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants. [ 1995 c 226 § 3 „] 70.114A.040 Responsibilities of department. The department is designated the single state agency responsible for encouraging the development of additional temporary worker housing, and shall be responsible for coordinating the activities of the various state and local agencies to assure a seamless, nonduplicative system for the development and operation of temporary worker housing. [ 1995 c 226 § 4„] http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 2/6 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION 7O.114A.O45 Housing operation standards—Departments' agreement—Enforcement. By December 1, 1999, the department and the department of labor and industries shall jointly establish a formal agreement that identifies the roles of each of the two agencies with respect to the enforcement of temporary worker housing operation standards. The agreement shall, to the extent feasible, provide for inspection and enforcement actions by a single agency, and shall include measures to avoid multiple citations for the same violation. [ 1999 c 374 § 5„] 7O.114A.O5O Housing on rural worksites. Temporary worker housing located on a rural worksite, and used for workers employed on the worksite, shall be considered a permitted use at the rural worksite for the purposes of zoning or other land use review processes, subject only to height, setback, and road access requirements of the underlying zone. [ 1995 c 220 § 5.„] 7O.114A.O6O Inspection of housing. The secretary of the department or authorized representative may inspect housing covered by chapter 220, Laws of 1995, to enforce temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department, or when the secretary or representative has reasonable cause to believe that a violation of temporary worker housing rules adopted by the state board of health prior to July 25, 1999, or the department is occurring or is being maintained. If the buildings or premises are occupied as a residence, a reasonable effort shall be made to obtain permission from the resident. If the premises or building is unoccupied, a reasonable effort shall be made to locate the owner or other person having charge or control of the building or premises and request entry. If consent for entry is not obtained, for whatever reason, the secretary or representative shall have recourse to every remedy provided by law to secure entry. [ 1999 c 374 § 7 1995 c 220 § 6„] 7O.114A.O65 Licensing, operation, and inspection—Rules. The department and the department of labor and industries shall adopt joint rules for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof. These http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 3/6 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION rules shall establish standards that are as effective as the standards developed under the Washington industrial safety and health act, chapter 49.17 RCW. [ 1999 c 374 § 1 „] 70.114A.070 Technical assistance. The *department of community, trade, and economic development shall contract with private, nonprofit corporations to provide technical assistance to any private individual or nonprofit organization wishing to construct temporary or permanent worker housing. The assistance may include information on state and local application and approval procedures, information or assistance in applying for federal, state, or local financial assistance, including tax incentives, information on cost-effective housing designs, or any other assistance the *department of community, trade, and economic development may deem helpful in obtaining the active participation of private individuals or groups in constructing or operating temporary or permanent worker housing. [ 1995 c 220 § 7 „] NOTES: *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. 70.114A.081 Temporary worker building code—Rules—Guidelines—Exceptions—Enforcement —Variations. (1) The department shall adopt by rule a temporary worker building code in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 49..17 RCW, and the following guidelines: (a) The temporary worker building code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements; (b) The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing; (c) In developing the temporary worker building code the department of health shall consider: (i) The need for dormitory type housing for groups of unrelated individuals; and (ii) The need for housing to accommodate families; (d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives and the use of new technologies that meet the performance standards required by law; (e) The temporary worker building code shall include standards for heating and insulation appropriate to the type of structure and length and season of occupancy; (f) The temporary worker building code shall include standards for temporary worker housing that are to be used only during periods when no auxiliary heat is required; and http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 4/6 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION (g) The temporary worker building code shall provide that persons operating temporary worker housing consisting of four or fewer dwelling units or combinations of dwelling units, dormitories, or spaces that house nine or fewer occupants may elect to comply with the provisions of the temporary worker building code, and that unless the election is made, such housing is subject to the codes adopted under RCW 19 „27..031. (2) In adopting the temporary worker building code, the department shall make exceptions to the codes listed in RCW 19 „2'7„031 and chapter 19 ..2” RCW, in keeping with the guidelines set forth in this section. The initial temporary worker building code adopted by the department shall be substantially equivalent with the temporary worker building code developed by the state building code council as directed by section 8, chapter 220, Laws of 1995. (3) The temporary worker building code authorized and required by this section shall be enforced by the department. The department shall have the authority to allow minor variations from the temporary worker building code that do not compromise the health or safety of workers. Procedures for requesting variations and guidelines for granting such requests shall be included in the rules adopted under this section. [ 1999 c 37 ; 1998 c 37 § 2„] 70.114A.100 Rules—Compliance with federal act. Any rules adopted under chapter 220, Laws of 1995, pertaining to an employer who is subject to the migrant and seasonal agricultural worker protection act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.), must comply with the housing provisions of that federal act. [ 1995 c 220 § 10.„] 70.114A.110 Cherry harvest temporary labor camps—Rule making—Definition—Conditions for occupation—Application. (1) The department and the department of labor and industries are directed to engage in joint rule making to establish standards for cherry harvest temporary labor camps. These standards may include some variation from standards that are necessary for longer occupancies, provided they are as effective as the standards adopted under the Washington industrial safety and health act, chapter 49..17 RCW. As used in this section "cherry harvest temporary labor camp” means a place where housing and related facilities are provided to agricultural employees by agricultural employers for their use while employed for the harvest of cherries. The housing and facilities may be occupied by agricultural employees for a period not to exceed one week before the commencement through one week following the conclusion of the cherry crop harvest within the state. (2) Facilities licensed under rules adopted under this section may not be used to provide housing for agricultural employees who are nonimmigrant aliens admitted to the United States for agricultural labor or services of a temporary or seasonal nature under section 1101(a)(15)(H)(ii)(a) of the immigration and nationality act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)). (3) This section has no application to temporary worker housing constructed in conformance with codes listed in RCW 19 „2'7„031 or'70„114 081. http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 5/6 9/4/2018 Chapter 70.114A RCW: TEMPORARY WORKER HOUSING—HEALTH AND SAFETY REGULATION [ 2002 c 23 § 1 1999 c 37 5„] 70.114A.901 Effective date -1995 c 220. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 3, 1995]. [ 1995 c 220 § 1„] http://app.leg.wa.gov/rcw/default.aspx?cite=70.114A&full=true 6/6 U.S. Department of Labor Wage and Hour Division 77211,r: Fact Sheet #26e Section H -2A of the Immigration and Nationality Act This tact sheet provides getier al itmror retie' t, collcel,llieig tite aiiiilicatiot, or time II 2 . req till ireilCuts to time agriceulteural itidtistry ror 11 2A a pplicatiotis stibmitted ou or after March 1.5, 2011.01. Introduction The Immigration and Nationality Act (INA) authorizes the lawful admission of temporary, nonimmigrant workers (H -2A workers) to perform agricultural labor or services of a temporary or seasonal nature. The Department of Labor's regulations governing the H -2A Program also apply to the employment of U.S. workers by an employer of H -2A workers in any work included in the ETA - approved job order or in any agricultural work performed by the H -2A workers during the period of the job order. Such U.S. workers are engaged in corresponding employment. Overview of Employer Contractual Obligations Recruitment of U.S. Workers: In order for the Department of Labor to certify that there are not sufficient U.S. workers qualified and available to perform the labor involved in the petition and that the employment of the foreign worker will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers, employers must demonstrate the need for a specific number of H - 2A workers. In addition to contacting certain former U.S. employees and coordinating recruitment activities through the appropriate State Workforce Agency, employers are required to engage in positive recruitment of U.S. workers. H -2A employers must provide employment to any qualified, eligible U.S. worker who applies for the job opportunity until 50 percent of the period of the work contract has elapsed. Employers must offer U.S. workers terms and working conditions which are not less favorable than those offered to H -2A workers. Termination of Workers: Employers are prohibited from hiring H -2A workers if the employer laid off U.S. workers within 60 days of the date of need, unless the laid -off U.S. workers were offered and rejected the agricultural job opportunities for which the H -2A workers were sought. A layoff of U.S. workers in corresponding employment is permissible only if all H -2A workers are laid off first. Employers may only reject eligible U.S. workers for lawful, job-related reasons. In order to negate a continuing liability for wages and benefits for a worker who is terminated or voluntarily abandons the position, employers are required to notify the Department of Labor (DOL), and in the case of an H -2A worker the Department of Homeland Security, no later than two working days after the termination or abandonment. Rates of Pay: The employer must pay all covered workers at least the highest of the following applicable wage rates in effect at the time work is performed: the adverse effect wage rate (AEWR), the FS 26 applicable prevailing wage, the agreed-upon collective bargaining rate, or the Federal or State statutory minimum wage. Wages may be calculated on the basis of hourly or "piece" rates of pay. The piece rate must be no less than the piece rate prevailing for the activity in the area of intended employment and on a pay period basis must average no less than the highest required hourly wage rate. Written Disclosure: No later than the time at which an H -2A worker applies for a visa and no later than on the first (1st) day of work for workers in corresponding employment, the employer must provide each worker a copy of the work contract — in a language understood by the worker — which describes the terms and conditions of employment. In the absence of a separate written work contract, the employer must provide each worker with a copy of the job order that was submitted to and approved by DOL. The work contract must include: • the beginning and ending dates of the contract period as well as the location(s) of work; • any and all significant conditions of employment, including payment for transportation expenses incurred, housing and meals to be provided (and related charges), specific days workers are not required to work (i.e., Sabbath, Federal holidays); • the hours per day and the days per week each worker will be expected to work; • the crop(s) to be worked and/or each job to be performed; • the applicable rate(s) for each crop/job; • that any required tools, supplies, and equipment will be provided at no charge; • that workers' compensation insurance will be provided at no charge; and • any deductions not otherwise required by law. All deductions must be reasonable. Any deduction not specified is not permissible. Guarantees to All Workers: H -2A employers must guarantee to offer each covered worker employment for a total number of hours equal to at least 75% of the workdays in the contract period — called the "three-fourths guarantee." For example, if a contract is for a 10 -week period, during which a normal workweek is specified as 6 days a week, 8 hours per day, the worker would need to be guaranteed employment for at least 360 hours (e.g., 10 weeks x 48 hours/week = 480 hours x 75% _ 360). If during the total work contract period the employer does not offer sufficient workdays to the H -2A or corresponding workers to reach the total amount required to meet the three-fourths guarantee, the employer must pay such workers the amount they would have earned had they actually worked for the guaranteed number of workdays. Wages for the guaranteed 75% period will be calculated at no less than the rate stated in the work contract. Housing: Employers must provide housing at no cost to H -2A workers and to workers in corresponding employment who are not reasonably able to return to their residence within the same day. If the employer elects to secure rental (public) accommodations for such workers, the employer is required to pay all housing -related charges directly to the housing's management. In addition, employers are required to either provide each covered worker with three meals per day, at no more than a DOL -specified cost, or to furnish free and convenient cooking and kitchen facilities where workers can prepare their own meals. Employer-provided or secured housing must meet all applicable safety standards. 2 Transportation: Employers must provide daily transportation between the workers' living quarters and the employer's worksite at no cost to covered workers living in employer-provided housing. Employer- provided transportation must meet all applicable safety standards, be properly insured, and be operated by licensed drivers. Inbound & Outbound Expenses: If not previously advanced or otherwise provided, the employer must reimburse workers for reasonable costs incurred for inbound transportation and subsistence costs once the worker completes 50% of the work contract period. Note: the FLSA applies independently of H -2A and prohibits covered employees from incurring costs that are primarily for the benefit of the employer if such costs take the employee's wages below the FLSA minimum wage. Upon completion of the work contract, the employer must either provide or pay for the covered worker's return transportation and daily subsistence. Records Required: Employers must keep accurate records of the number of hours of work offered each day by the employer and the hours actually worked each day by the worker. On or before each payday (which must be at least twice monthly), each worker must be given an hours and earnings statement showing hours offered, hours actually worked, hourly rate and/or piece rate of pay, and if piece rates are used, the units produced daily. The hours and earnings statement must also indicate total earnings for the pay period and all deductions from wages. Additional Assurances and Obligations: Employers must comply with all applicable laws and regulations, including the prohibition against holding or confiscating workers' passports or other immigration documents. In addition, employers must not seek or receive payment of any kind from workers for anything related to obtaining the H -2A labor certification, including the employer's attorney or agent fees, the application fees, or the recruitment costs. Employers must also assure that there is no strike or lockout in the course of a labor dispute at the worksite for the H -2A certification which the employer is seeking. In addition, employers cannot discriminate against — or discharge without just cause — any person who has filed a complaint, consulted with an attorney or an employee of a legal assistance program, testified, or in any manner, exercised or asserted on behalf of himself/herself or others any right or protection afforded by sec. 218 of the INA or the H -2A regulations. H -2A Labor Contractors An H-2ALC is a person who meets the definition of an "employer" under the H -2A Program and does not otherwise qualify as a fixed -site employer or an agricultural association (or an employee of a fixed - site employer or agricultural association) and who is engaged in any one of the following activities in regards to any worker subject to the H -2A regulations: recruiting, soliciting, hiring, employing, furnishing, housing, or transporting. While H -2A does not require labor contractors to register as such with the Department, any person who is subject to MSPA as a Farm Labor Contractor (FLC) must register with the Department and be issued an FLC Certificate of Registration prior to engaging in any farm labor contracting activity. In their H - 2A applications, H-2ALCs required to be registered under MSPA are obligated to provide their respective MSPA FLC Certificate of Registration number and to identify the farm labor contracting activities they are authorized to perform. 3 In addition to meeting the same assurances and obligations as any other H -2A employer, H-2ALCs must fulfill the following requirements: • list the name and location of each fixed -site agricultural business to which they expect to provide H -2A workers, the dates of each employment opportunity, and a description of the crops and activities the workers are expected to perform at each area of intended employment; • submit a copy of each work contract agreement between the H-2ALC and the agricultural business to which they expect to provide workers; • provide proof that all housing and transportation if provided or secured by the fixed -site employer complies with applicable safety and health standards; and • obtain and submit the original surety bond with the H -2A Application. Surety Bond: The surety bond must be written to cover liability incurred during the term of the work contract period listed on the H -2A Application and must remain in effect for a period of at least 2 years from the expiration date of the labor certification. H-2ALCs must obtain the surety bond in the following amounts: • $5,000 for a labor certification with fewer than 25 employees; • $10,000 for a labor certification with 25 to 49 employees; • $20,000 for a labor certification with 50 to 74 employees; • $50,000 for a labor certification with 75 to 99 employees; and • $75,000 for a labor certification with 100 or more employees. The bond must be payable to the Administrator, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue, NW, Room 5-3502, Washington, DC 20210. Where to Obtain Additional Information This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4US-WAGE (1-866-487-9243). U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210 1-866-4-USWAGE TTY: 1-866-487-9243 11