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08/20/2019 06L Rezone of 2708 Jerome Ave; Triumph Treatment Services a\'4\lyy bxk ik 1 + PPP d g. P A PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.L. For Meeting of:August 20, 2019 ITEM TITLE: Ordinance adopting the City Council's decision on a rezone application submitted by Triumph Treatment Services for property at 2708 Jerome Avenue SUBMITTED BY: Joan Davenport,AI CP, Community Development Director Joseph Calhoun, Planning Manager Eric Crowell,Associate Planner(509) 576-6736 SUMMARY EXPLANATION: The Yakima City Council held an open record public hearing on August 5, 2019 to consider the Hearing Examiner's recommendation on this request. Following the public hearing, the City Council directed planning staff to prepare appropriate legislation to approve this request consistent with the Hearing Examiner's recommendation. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR ' SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass Ordinance BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Pro s rdinance Triumph /7/2019 C)rdinance 2 ORDINANCE NO. 2019- AN ORDINANCE rezoning parcel 181314-34426 from Two-Family Residential (R-2) to Multi-Family Residential (R-3) and amending the Zoning Map of the City of Yakima. WHEREAS, on March 15, 2019, Traho Architects submitted an application requesting the zoning classification of parcel 181314-34426, located at 600 Superior Ln., to be rezoned from Two-Family Residential (R-2) to Multi-Family Residential (R-3) on the official zoning map (hereinafter"RZ#001-19"); and WHEREAS, pursuant to YMC 6.88, the SEPA Administrative Official issued a Determination of Nonsignificance on May 10, 2019; and WHEREAS, the Future Land Use designation of the subject property is Mixed Residential, which is consistent with the proposed R-3 zoning district; and WHEREAS, notice of the City of Yakima Urban Area Hearing Examiner open record public hearing was properly provided; and WHEREAS, in accordance with YMC 15.23, the Hearing Examiner held an open record public hearing on June 13, 2019 to hear testimony from the public, consider the Rezone, and provide a recommendation to the Yakima City Council; and WHEREAS, after testimony and a review of the record, pursuant to the approval criteria set forth in YMC § 15.23.030, the Hearing Examiner recommended approval of the Rezone from Two-Family Residential (R-2) to Multi-Family Residential (R-3); and WHEREAS, the recommendation was signed by the Hearing Examiner on June 27, 2019, a copy of which is found in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, pursuant to YMC 15.23.030(E), and after the required notice was properly provided, the Yakima City Council held a public hearing on August 5, 2019 regarding the rezone request; and WHEREAS, the City Council of the City of Yakima, having considered the record herein, the comments received at the public meeting held August 5, 2019, and the recommendation from the Hearing Examiner, hereby finds and determines that approval of the requested Rezone is in the best interest of the residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Findings, Analysis and Conclusions. Subject to the specific terms of this ordinance, the Yakima City Council adopts the August 5, 2019, findings, 3 conclusions, recommendations and conditions of the Hearing Examiner for RZ#001-19. The legal description of the property is as follows: Bower's Englewood Tracts Lot 9 Block 3. A copy of said recommendation is attached as Exhibit "A". Section 2. Any and all official Zoning or other similar maps shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. Authorization to File. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 4. SeverabilityNalidity. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 5'h day of August, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk Publication Date: Effective Date: Exhibit "A" Hearing Examiner Recommendation City of Yakima, Washington RECEIVED Hearing Examiner's Recommendations AIN 7 2ola June 27, 2019 OTY OF YAKIMA FOANONG DIV In the Matter of an Application Submitted on Behalf of: ) ) ) RZ 1-19 CL3#002-19 Triumph Treatment Services ) SEPA1010-19 ) For a Project Rezone from the ) R-2 Zone to the R-3 Zone; for a ) Class (3) Office Use; and for SEPA ) Review for Expansion of Existing ) Facilities at t4 Superior Lane ) Introduction. ` findings relative to the hearing css for this application may be summarized as follows: (1) The Hearing Examiner conducted gm open record public hearing relative to this applkotion on Jung 13, 2019. (2) The thorough staff report that was pre d by Anacleto Planner Eric Crowell revolthoonded approval of this application for project WOW from the wo-Family Residential (R)2) zoning district to the Multifamily Residential (R-3.) ',dining district and approval of a Class (3) office Liao in a portion of a proposed 2- siory 35-foinishigh 3,000 -square -foot building* subject to conditions„ (.1) rile applicant's representative !Or this application, Mine,' Chanort Traho Architects, P S.,, indicated that Mr, Crowell has been hcinfial during the processing of this application haul explained tbc history of the applicant's campus% Triumph Treatment Services Project ' ,tne from R-2 to R-3 Arid Class (3) Office Use Campus at 600 Superior 1 RZIMOI -19; CLIN ; 0-19 1 4 5 (4) No one else appeared n testify at the hearing. (5) Ow written public comment pertaining to this application was soh- niitted by Juan Sanchez who resides at 2705 Jerome Avenue to the effect that he does not wish the water well located on his property to be used for the applicant's adjacent parcels. (6) The request for approval of the projcrt rzope, the request for approval of a Class (3) office use in a new building on the applicant's campus EL nd the request to allow the building height on its campus to be 35 feet rather than the 24 feet required by a 1998 development agreement are issued as recommendations to the Yakima City Council because Section 15.11.100 of the Yakima Municipal Code provides that if any required approvals constitute a recommendation to the legislative body, the decision of the administrative official as to all requested permits or approvals shall constitute a recommendation to the legislative body. (7) These recommendations relative to the requested rezone of a 0.21 -arc parcel adjacent to the applicant's existing campus from the R-2 zoning district to the R-3 zoning district and relative Lo the requested Class (3) office use for a 35 - foot -high 13,000-squai-e-foot building on the applicant's campus which is already zoned R-3 have been issued within. ten business days of the hearing. 11, ummor. of R confine" d tions The liewing Examiner rwommends that the Yakima City Council allow the expansion and improvement of the existing Triumph Treatment Services campus a 600 Superior Lane (i) by approving the requeste4 project rezone of the 0.21 -acre parcel no, 181314-31126 from the Two - Family Residential (R-2) zoning district to the Multifamily Residential (R-3) zoning district to allow a childcare play area, open space andfor other accessory uses on that parcel and (ii) by approving the requested Class (3) office use for !mart of a proposed 35-1'oot-high 13,000-square-lcpot building on the adjacent parcel no. 181314-33413 west of the parcel proposed for a rezone, subject to several conditions RECEIVED triumph Treatmein Services JUN 2 7 NI Project itvone troM R-2 to R-3 CITY OF YAKIMA And Crass (1) Office Use FLAMM olo Campus au 500 Superior Lan RZ#0101-19.; CL3M02-119; SEPAOMICI-i9 C. Basis for Recommendations. Rased o iview of the site on June 12, 2019, with no one else present; the application, staff report, exhibits and testimony presented at the open record public hearing on June 13, 2019; and a review of both the 2040 Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning mance, Title 15 of the Yakima Municipal Code C); the Hc Examiner makes and issues the following: DINS g L Pronerte Owner, Ap_plicant and Representative. The pmperty owner is an entity operated =der the urrthrella ctf the applicant, Triumph Treannern Servs which is * ed Yakima Valley Council on Alcoholism. 120 South 3mJ Street, Yakima, Washington 98901. The representative of the property owner and applicant who submitted this application is Nancy Charron of Traho Architects, P,S., 9 North 11111 Avenue, Yakima, Washington 98902. IL Location. flic location of the 0.21 -acre parcel proposed for the rezone is 2708 Jerome Avenue adjacent to the east side of the applicant's property ( essor's Parcel Number 1813[4-34426). Itte location of the proposed 35 -loot - high 13,000 -square -foot building to be used partly for office purposes is of the d proposed for thc o (Assessor's Parcel N ber 181314-33413). III. Appiication. The main aspects of this master application for approval of both a rezone and a (3) use may be summarized as follows: RECEIVED Triumph Treatment Services Pmject Renlie from to R.3 And Claw (3) Office Use Cimpwi at 600 Superior Lane 00149; C 0249; SF.PANOI 0-19 JUN2 7 2019 are OF YAKIMA, PLANNING OIV 6 (1) This application for a rezone, a Class (3) office use, revision of a prior 24-foot height limitation and SEPA environmental review was received on March 15, 20[9. A notice of a complete application was sent on April 12. 2019, The purpose of the applieation is to accommodate needed program growth of the current Triumph Treatment Services residential campus and facilities without adding new programs. There are three 11)S1IS treatmeni programs, each for 16 wonrien and their children under 5 years of. age, The residents live and stay at the facility furl time with residential staff, They do not have cars. The clinic-al, childcare and counseling management staff members are on the site every day with reduced stalT on weekends. The current childcare is provided half day for residents. The facility currently has more than 30 parking spaces on the campus. An additional 15 parking, spaces would be for food delivery, refuse durnpstcr access, kitchen employees, the van to deliver food to the Triumph I reatinent Services facility at 3300 Roosevelt Avenue, current campus staff and visitors on weekends. The campus and facilities are accessed by way of Englewood Avenue. There would be no vehicular or pedestrian access to Superior Lane front Jerome Avenue except through a secure entry for maintenance purposes, (2) The application requests approval of a project rezone of an adjacent 0.21-acre parcel purchased by Triumph Treatment Services in 2018 from the Two- Family Residential (R-2) zoning district to the Multifamily Residential (R-3) zoaing district to allow it to be used for an accessory childcare play area, open space and/or other accessory uses. The. application also requests approval of a Class (3) office use for a portion of a proposed 35-foot-high 13,000-square-foot building to be constructed west of the parcel proposed for a rezone. (3) The additional building with 15 new parking spaces would be located on the east side of the existing Triumph Treatment Services campus which is zoned R=3. A portion of the building would be used for counselor offices in addition to other existing accessory uses such as childcare, a multi-purpose dining room and a commercial kitchen. The new kitchen would replace the applicant's current kitchen at its facility at 3300 Roosevelt Avenue, Meals would be delivered to that facility, All site residents would eat meals at the multi-purposc dining room. rhe thenipeutic childcare would be relocated from the current campus buildings and part of the upper floor would be offices for staff and conference/ group rooms, Vacated spaces in existing buildings would improve current living conditions and be used for additional resident living areas, a potential medical exam room and offices that provide private counseling for mental and chemical RtCEIVED Triumph 1-manner-1 Services 4 Prod Refonc from R,2 R-3 Aid Class (1) Office Use _ Campus at &DO Superior Lune RZ#991-19; CLP1002-19; SEPAPD1D=19 JUN 2 7 2°19 CITY OF YAKIMA PLANNING OW 7 dependency issues. The new childcare space would allow for all -day childcare and thus additional opportunity for adult residential therapy. (4) The application includes a request to increase the maximum allowed huildinv_ height on the existing campus from the 24 feet required by a 1998 Hearing Examiner decision and development agreement for this campus. It requests a maximum height of 35 feet for campus buildings even though the existing R-3 zoning would otherwise allow a maximum height of 50 feet, lhe additional height would allow for (E occupancy) childcare for 50 children on the first fluor with (Ti occupancy) offices nn a smaller upper floor about one-third the size of thc first floor of the building that would be set hack from Superior Lane to match the character of the existing attractive buildings on the well-maintained campus, The building would be fully fire-sprinklcred and have rated occupancy separations with high acoustical properties and 9 -foot ceilings. The upper office windows would allow for staff observation of the new childcare play area, (5) An existing small slxxl and storage container would be moved to &low for construction of the new building. An existing residence in poor condition would be removed from the parcel to be rezoned in order to allow. thin parcel to be used as a childcare play area, open space am.For other accessory uses. The TC7,011C would match the R-3 zoning of the applicant's existing campus to the west, and would allow the small parcel to be included and fenced as part of the existing facility and campus, (6) Pursuant to ¥MC §15.11 1,100. all aspects of this application are decided by the City Council with the aid of these recommendations from the Hearing Examiner, IV. Notices. Notices for the June 13, 2019, open record public. hearing were provided in accordance with applicable ordinance requirements in the following manners: Posting of property with land use action. signs: 1Vlailing of hearing notice to owners within 300 feet: Publishing of hearing notice in the newspaper: Triumph Treatment Services Project Rezone from R-2 to K-1 And Class (A) Office U5C Campus at 600 Superior Lane R C12#002-19; SEPA00110-i9 April 12, 2019 April 1,019 April !,20i9 RECa VED JUN 2 7 2019 CITY Of 2210122 RANNOIG 012 8 V. Ftt Ir otttttettfttf ° c4k`. A Notice of Application and SEPA Environmental Review was mailed to SFPA agencies, the applicant and adjoining property osvners within 300 feet of the subject propertyon April 18. 2019. Two written comments from members of the public were received during the continent period that ended on May ; 8, 2019. One of them was not relevant to this application. The other was from an owner of property adjacent to the parcel proposed for the rezone who indicated that he would not consent to sh the use of the well on his property, A SHA Determination of Nonsignificance (DNS) was issued on May 10, 2019. which became final without any appeals. VL d floes. The 1,21 -acro parcel no, 181314-34426 proposed for a rezone from the Two -Family Residential (R-2) ting district to the Multi- family Residential (R-3) zoning district to allow a childcare play area, open space and/or other ac :. uses on that p l ctt fly is the site of a residence in poor condition that would be removed. The jai .;;,t parcel no. 181314-33413 immediately to the prop he sit for a new 35 -fent -high 13,001 - square -foot building to be used in part for a Class (3) office use would require the removal of a storage container and a shed. Adjacent properties currently have zoning, and land use characteristics that can be described as follows: (1) The 0.21- parcel proposed for a rezone to the R-3 zoning district l t.rt!c?tla?titlttg ttttir3 Existin&E alter lice' North R-2 Residential South R-2 Residential Fast R-2 Residential West R-3 Community Services Triumph Treatnicnt Services Project Re /one from 11-2 to R-3 And Class (3) Office Use Campus at 600 Superior Lane RZ#0Ot=I9; C _ 003-19; SE.PAil4t019 6 RECEIVED JON 2 7 2019 CITY Of YAKIMA PLAN DN 9 (2) The applicant's c-xng c° pas adjacent to the west of the parcel proposed for the rezone: Location North South East West R-3 R-2 R=2 R-3 VII. riftcn Co slits of the D 8 Tea d Qthers. The Development Services Team meeting was held for this project on April 2, 2019, The following comments were received from the DST, from other public agencies and from one individual regarding this application: (1) Codes::; Pursuant to Chapter 5 and Appendices B and C of the 2015 International Fire Code, additional tire hydrants may be rt-luired depending an the occupancy and construction types (Attie building, and whether or not the building will he equipped with a Circ sprinkler system. These findings are not intended to he an exhaustive review of this proposal. (2) Surface Water Since this project creates more than 5,000 square feet of impervious area; complete drainage plans and calculations shall be submitted to the Surface Water Engineer for review and approval. The plans and calculations shall be completed by a Professional Engineer registered in Washington State, Underground Injection Control (tiIC) wells are required to be registered with the iWashint ton State Department of Ecology, (3) Y, silna Kcgi_onal Clean Ai gcnGy(YR(,:AA): Contractors doing excavation, it . ing, construction, landscaping or demolition work must file a Dust Control Plan with VRCAA and get approval prior to the start of any work. Prior to demolishing any structures an asbestos survey must bc done by a certified asbestos abatement building inspector, Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition, A Notification of Demolition and Renovation (NODR) application must be Filed with YRCAA for which there is a fee to bc paid, RECEIVED lieu ph `I reatmcnt Services Project lteaonc from R-2 to 13,3 And Class (3) 011= LJsc Campus til 60t9 Su 'csr tans R7-#001-19. CL31+002.1 EEA1+4Ift_19 JUN 27Hug CITY OF YAKIMA PLANNING DIV. 10 (4) Washivon State Department of Feolo Based upon the historical agricultural use of this land, there is a possibility that the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead and arsenic, arid for organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxics Control Act cleanup levels. Ecology reconmends that potential buyers be notified of their occurrence. Comments relative to water issues are as follows: (a) Regarding the answer provided in subsection B(3)(b)(1) of the Environmental Checklist entitled Environmental Elements — Water Ground Water, thc domestic well is not located upon land owned by the applicant. Obtaining the right to access or right to use land which the applicant does not possess is a private matter between the applicant and the owner of that land. The SEPA Checklist did not speedthe authorization for water use, and no remitted water r-iglitt with Ecology list this well as a source for water use. (h) if water is from a permitted source such as city water, a water association or an irrigation or reclamation district, then the water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, thc place of use or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03380 RCW and 90.44.100 RCW. (e) Ground water withdrawals of up to 5,000 gallons per day used for single or group domestic supply, industrial purposes, stock watering or for the irrigation °lap to one-half acre of lawn and garden are exempt from the permitting process, Any ground water development proposal that will withdraw water in excess of 5,000 gallons per day will require a permit from the Department of Ecology. (5) Pithlic Comments: Two Comments were received, one of which was irrelevant to any part of this proposal, and another from a neighboring property owner who is concerned by a statement by the applicant in the Environmental Checklist expressing a desire to use a current active domestic well for irrigation of RECEIVED Triumph Treainient services Project Rezone from R-2 10 R-3 And Class (3) Office Use Campus. al 600 Superior Lune 1-19; CL30001-19; SEPA14916-19 11 JUN 2 7 2019 CITY OF YAlithui PLANNIK OlV 11 the site and the Genesis building, The adjacent property owner states that he does not have irrigation nor a lot of water currently n his property, and does not plan to share the well with the applicant. lo response to that comment, the comments from the Department of Ecology confirm the property ow-ricr's statement to the effect Thal the domestic well is not on land owned by the applicant, but notes that the Environmental Checklist does not claim ownership of said well, that Ecology has oo record of this well having penwater rights; that this is a private matter between the two property owners; and that it is up to the applicant to determine how water will be delivered to the site for irrigation purposes. VIII. Rezotte R v ew it . TheItearint,,r Examiner's recommendations regarding rezone applications within ihe Yakima Urban Area must he based upon the following criteria specified in YMC *15.23,03011)i: (1) The testimony at the public hearing. Associate Planner Fric Crowell and the applicant's representative, Nancy Charron of Tralto Architects, P.fi. both testified in favor of the requested rezone of the 0.21 -acre parcel no, 181314-34426 from the R-2 zone to the R-3 zone to allow it to be included within the fencing for the existing adjacent campus that is already zoned R-3 so that it may be -4 for a childcare play area, open space andlor other accessory uses. Notice of this application was mailed to SEPA agencies and all property owners within 300 feet of the subject properties on April 18. 2019, wherein the public was invited to submit written andfor oral comments at the public hearing on this proposed rezone Only one relevant written public comment WEIS received which did not oppose the requested project reame. No testimony was presented at the hearing in opposition to the requested rezone. (2) The suitability of the property in question for uses permitted under the proposed zoning. The small parcel proposed for a rezone to the same zone as the adjacent campus would he well suited for integration into the applicant's existing campus to be used litt a childcare play area, open space andlor other accessory use'. It would result in removal of o residence that is in poor eondition and w.ould he included within the fencing for the applicant's existing campus RECEIVED Triumph 1 tegument 5crviec5 Project Rezone from R-2 to R-3 And Clus.s (3) OfficeiJ Compels al 640 Superior Lane Ri#001-19; CL.3#001-19; SEPA0010-19 9 JUN27 201 CITY OF YAKIMA PLANNING DW 12 which is ztuied R-3. Since this is a project rezone to allow specific play area, open space andlor other accessory uses for the applicant's adjacent campus, there is DO need to consider the suitability of the property for other uses allowed in the R-3 zoning district. No one opposed the requested project rezone, (3) The recommendation from interested agencies and departments. The Planning Division recommends approval of the proposed project rezone, No agencies or departments opposed this requested project rezone: (4) The extent to which the requested zoning amendment is in compliance with arid/or deviates from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the zoning ordinance. The R-3 zoning district would be in compliance with the current Nibited Residential designation of the 0.21-acie parcel as is prescribed by the Future Land Use Map 111-3 and Table III -11 entitled Future Land Use and Current Zoning Comparison of the City's 2(40 Comprehensive Plan, It would also be in compliance with the following goal and policies in the 2040 Comprehensive Plan: (a) 0001U; Preserve and enhance the quality, character and Function of Yakiona's residential neighborhoods, (b) Po icv 23.1 Provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakirna's evolving population. (c) Policy 2.3,6: Allow some compatible nonresidential uses in residential ZoneS, such as appropriately scaled schools, churches, parks, and other public,tommunity facilities, home occupations, daycare centers, and other uses that provide places for people to gather. Maintain standards in the zoning code for locating and designing these uses in a manner that respects the character and scale of the neighborhood. The proposed prijed rczonc would also be in compliance with the intent of the zoning ordinance for the requested R-3 zoning district. MC §15,03,020(D)(1) provides that the intent of the existing R-3 zoning district is in part to exclude activities which are not compatible with residential uses, YMC §15.02020 defines "compatibility" as the characteristics of different uses or developments that permit them to be located near each other in harmony with or Without special mitigation, The proposed childcare play area, open space and/or other accessory RECEIVED Triumph Treatment Services Project Remne from R-2 to R-3 And Gass (3) Office Use Campus at 600 Superior Lane 1tZ#001-119 C430102-191 SEP 10 JUN 2 7 2[)13 cm( oF YAKtitakk PLANKING DIV 13 uses would bc compatible with the residential uses in the applicant's campus as well as with the character of the residential uses hxated in the 1t-3 zoning district, .riw, requested project rezone would also be m compliance with the intent of the zoning ordinance if it satisfies the criteria in the zoning ordinance for approval of the requested rezone front the 11.2 zoning district to the R-3 zoning district. (5) The adequacy of public facilities, such as roads, sewer, water and other required public services. The subject property is accessed by Englewood ,A.venue which is a Collector Arterial and which has existing curb, glitter and sidewalk along the property frontage, Fairbanks Avenue and Jerome Avenue both dead-end at the eastern property line of the applicant's campus, They are not propos.ed for access to the applicant's campus except for a single locked access from Jerome Avenue that would only be used for maintenance purposes. 1 he subject property is served by City of Yakima water and sewer, Pacific Power electricity, Cuseade Natural Gas, CenturyLink telephone, Charter cable TV, and City of Yakima garbage collection services, police department services and tire department services. (6) The compatibility of the prnpnsed zone change and associated uses with neighboring land uses, The proposed zone change to R-3 and the proposed childcare play. area, open space and/or other accessory uses on the 0.21 -acre parcel would be compatible with the uses of the applicant's adjacent parcel to the west, The proposed new use of the 0,2I -acre parcel would be integrated by perimeter fencing into the applicant's existing campus as an accessory use in the same R-3 zoning district. II would result in the removal of an unsightly residence in poor condition from the residential neighborhood east of the applicant's campus, The requested rezone would be a low-density play area, open space and/or other accessory lases that would not increase the number of residents of the applicant's pus or the mint of traffic. None of the residents of the neighborhood submitted written comments or testimony in opposition to the requested project rezone, (7) The public need far the proposed change. The changed circumstances which support the public need for the zoning change from the R-2 zoning district to the R-3 zoning district include the applicant's purchase of the adjacent 021 - acre p el proposed for the R-3 zone in 2018 in order to better serve its residents by providing a secure childcare play area, open space and/or other accessory uses Triumph Treatrnerrt Service. Project Rezone Um R-2 to R-3 Anti Class (3) Offiee Use Campus at 604) Superior Lone RZtree CL344002-161 SEPANO 11 RECEIVED JUN 2 7 MI CITY OF YAKIMA. ()LAMING ON 14 for its campus. The exNinsion of the applicant's campus to include the 0.21 -acre parcel within the perimeter fencing of its adjacent campus to the west would help kict'orntriodate the public need for the serviees provided by the applicant. illiose services include a campus that pmvides a quality healing atmosphere which in turn serves the hest interests of the community by allowing, children to reside with healthy parents, 1X. (3) ff ripw Criteria for ti Promised 3.-Ftiot-131cIt 13.000- S ore.ffont uild' to be U Part for Offices in the Existin R-3 ',Zoning District Since "Offices" are listed as Class (3) oses in the R-3 zoning district by YMC Table 4-1 in YMC §15n04.030, the Hearing Extunincr's findings and conclusions relative to the proposed 35 -Foot -high 13,000 -square -loin building which would he used in part for office purposes within the applicant's R-3 zoned campus arc required to include specific reasons and ordinance provisions demon. strafing that the proposal satisfies the following requirements set forth in YMC §1504.020(C) and YMC §15, I 5 040(E). (1) Compliance and Compatibility with Clic Objectives and Develop- ment Standards of the Comprehensive Plan. The proposed 35 -foot -high 13,000 - square -fool building to be used in part for a Class (3) office use in the 1-3 zoning district would be compliant and compatible with the City's Comprehensive Plan Future Land Ilse Map due to the Mixed Residential designation or the applicant's campus. The proposed office ase of the propased building would also be com- pliant and compatible with ale following Comprehensive Plan Goal 2.3 and Policies 2,3,1 and 2.3,6 (a) Cioal 2.3: Preserve and enhance the quality, character and function of Yakitria's residential neighborhoods. (b) r011CY 2,3,1: Provide lr a wide variety of housing types within the city to meet the lull range of housing needs for Yakima's evolving population. Triumph Treatment Services Project Rezone from R-2 to R-1 And atisls (3) OfficctJ campus at 600 &yeller teline R7 1_19; c -19z SEPAPDIP-19 12 15 (c) I 2.3.6. Allow some compatible nonresidential uses in residential zones, such as appropriately scaled schools, churches, parks, and other publiecominunity facilities, home occupations. daycare centers, and other uses that provide plac-es for people to gather. Maintain standards in the zoning code for locating and designing these use in a manner that respects the character and scale of the neighborh (2) Compliance and Compatibility with the Intent and Character of the Multifamily Residential (R-3) Zoning District IrNIC §15.03.020(D)(1) provides that die intent of the existing R-3 zoning district where the new proposed building on the campus would be- located is in part to exclude activities which are not compatible with residential uses. YMC §15,02_020 defines "compatibility" as the characteristics of different uses or developments that permit them to hc located near each other in hamiony with or without special mitigation, The proposed office use would be conducted in a portion of a proposed building which is designed to be compatible with the existing residential uses in the applicant's campus as well as with the character of the existing residential uses located in the R-3 zoning district. The proposed building would have gable roofs like the buildings in the current residential campus, The additional parking spaces would provide parking for various purposes related to the new building. The office use is allowed m the R-3 zoning district by YMC 'Fable 4-1 in YMC §15.04.030 so long as it satisfies the prescribed criteria fire approval of a Class (3) use. (3) Compliance with the Provisions and Standards Established in the Zoning Ordinance, The applicable provisions and standards in the zoning ordinance include some of the requirements detailed above in the comments of the City's Development Services Team, Some of the additional development stan- dards which apply within the existing R-3 zoning district where the new building would be located include the following: (a) Number kitParking_Spaces: Reattired: YMC Table 6-1 in YMC §15,06.040 requires offices and clinics to have one parking space for each 200 square feet of gross floor arca. C §15.06,040(A) defines "gross floor area- as the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure and including halls, lobbies, enclosed porches and fully enclosed recreation areas and balconies, but excluding stairways, elevator shafts, attic space. R IVED Triumph Treamyent Services Froject Rezone from R-2 to 14,3 And Class (1) Office Use Campus at 600 Superior Lane R24001-I9i CL310603-19; SEPA#010-19 13 JUN 9 7 2D19 OF YAKNA FLANNING ory 16 mechanical rooms, rest ms. uncovered steps and lire escapes, private garages, carports and off-street parking and loading space,. Storage areas are included in gross floor area, however, the required off-street parking for storage areas shall he calculated at the rate of tine space per live hundred square feet rather tlttuh the specific: parking scan established in Table &1 except when the parking standard for the principal use would require fever parking spaces 0.e., one space per six hundred square fees). All required off-street parking, shall be subject to the procedures of this title and the standards of this section. Here the applicant proposes to provide 15 additional parking .space, complying with the standard of one space for each 200 square feet of * ss floor area. An email from the applicant's representative dated April 15, 2019, indicated that the gross floor arca of the office spats would be 2,523 square feet, which requires a minimum of 13 parking spaces. The childcare portion of the building is not additional space, but is replacing childcare areas that are currently in the residential buildings. There are no parking requirements for the commercial kitchen and multi-purpose dining roma which are considered accessory uses to the overall facility. (h) Ltindscafaii of Iauking Lots Kcquired: YMC §15e06,090(A) requires that landscaping bl* parking lots with five or more spaees shall he ten percent of the total parking area. "1'he landscaping area may be included tci satisfy the lot coverage (impermeable surface) requirements of Table -1. In this situation, adjacent landscaping as shown on the site plan shall satisfy this requirement, (c) Lighting of Parkin;, l4,tS4Rcq ter ri YMC §15,06_100 provides that lighting shall he provided to illuminate_ any off-street parking or loading space used at night. When provided, lighting shall be directed to reflect away from adjacent and abutting. properties. Parking lots adjacent to residential districts or uses shall he designed with down -shielding and luminaries creating no lighting pollution upon those properties. A photometric lighting plan may be required if the parking lot is pleated adjacent to or abutting residential properties, (d) Paving of=Narking 1 Ns Kct uitvd; C gl5.+P6.110(A) provides that all off-street parking lots, driveways, travel ways, parking aisles, vehicle storage, and vehicle sales lots having a capacity of three or more RECEIVED Triumph Treannant Services } rolcci tterone from K-210 R-3 And Clasp (3) Office Use Campus at 640 Superior Lane RZNUO1-19; C 3N902 -t9; SCIIAi iIa 14 JUN 2 7 2019 CITY T °AIAPLANNING 0111; 17 vehicles shall be paved h -thick asphaltic surfacing an an aggregate base, or an equivalent stir acceptable to the administrative official, so as to eliminate dust or mad, Pervious asphalt or concrete materials aro. encouraged. (c) S]t enx ring;; YMC Table 7-1 iia C §15.07.050 requires that ng tandr t1' shall be installed along the northern and eastern propertyM lines of the 021 -acre parcel no. 181314.34426 proposed for a reZoric, YMC §15,07:040(A) provides that Sitescreening Standard C consists of a sit -foot -high, view -obscuring fence, made of wood, masonry block, concrete, or slatted chain link material. A three-foot-vvide planting strip Landscaped with a combination of trees, shrubs and groundcovcr along the outside of the fence is also required when the fence is adjacent to a street, alley or pedestrian way. Here the applicant's site plan identifies a "new fence at perimeter' along the northern and eastern property lines of the 0.21 -acre parcel no: 1 81314-34426 where the childcare play area would be located, The fence shall he vies -obscuring. (f) Setbacks:: Table 5-1 in YIv1C Chapter 1.5.05 provides that the required stricture setbacks Far the pro ed building in the F-3 zoning district include a front setback of at least 40 feet from the centerline of the right-of-way and at least 20 feet from the front property line; a rear setback of at least 15 Feet from the rear property, line; incl side setbacks of at least 10 feet from side property lines. Here the applicant's proposed site plan meets or exceeds all required structure setbacks from the property fines and adjacent rights-of-way. (g) Frouttt v)lttppt y n ht5 The proposed new building does not require any frontage irizprt. vtrterstso (h) Pub* Fq_e litat City of Yakima sewer and water ar available. The property is accessed from Englewood Avenue which is a Collector Arterial and which has existing curb, glitter and sidewalk along the frontage of the applicant's campus. Fairbanks Avenue and Jerome Avenue, which dead-end at the subject property's eastern property line, are not currently proposed to be used for access with the exception of a locked access for ntenance purposes only from Jerome Avenue, Triumph Treatment Servtces Project Rezone from R-2 to R-3 And Class (3) Office Use Campus. alt &iO Soperior Lane a7.d ]t=19; t.30M01-J9; SEPAMO1O.19 15 RECEIVED JUN 2 7 21119 CITY C* Vft PLANSING v 18 (i) Lot coverage: According to the site plan. the applicant's new building and parking area would only increase the lot coverage of its campus to 48% in the PG3 zoning district which allows 80% lot coverage, CAlrrePt-24-71091-1thil,41,412.-,U J1 mi�n Normally the maximum building height in the existing R-3 zoning district area would be 50 feet, However, Condition 2.7 of a 1998 Hearing Examiner's Recom- mendation in R74008-98 and CL3ft008-98 which was adopted by the Yakima City Council under Ordinance 98-53 limited the height of buildings on the applicant's campus to a maximum height of 24 feet to ensure eompatibility with the neighboring zoning districts. At that time, the property north and east of the applicant's campus was zoned R-1 (which is now zoned R-3 and R-2) and west of the subject property was zoned Rd and R-2 (which is now zoned R-3)_ surrounding area was still quite rural at the time, with orchards immediately abutting the applicant's campus on the north and with orchards located west of the applicant's campus. (k) Changes Sincei92,8%It „0,glhe.RNOS.44.15.,TOPIVAlklitig llei )ht Limitation: Since the original approval of the applicant's campus, thee agricultural lands have ail been subdivided for residential uses, and more intense zoning districts have been approved for surrounding areas. The 24 -foot height restriction is no longer necessary because the only retnaining R-1 zoning in the area is located southeast of the subject property across Englewood Avenue. None of the comments received from property owners and public agencies opposed the requested increase of the building height of the existing campus to 35 feet with the newly rezoniad parcel to have the maximum 50.1bot building height allowed for the R-3 zoning district. Therefore, the applicant's request to increase the ITRIXiMIlirl building height for the existing campus property from 24 feet to 35 feet, which is still lower than the standard building height limitation of 50 feet in the rest of the R-3 zoning district, is a reasonable request that is consistent with its current R-3 zoning and with adjacent R-2 zoning to the east which also has a maximum building height of 35 fect X. The Consistency of a Proposed Building Use as Partly for a Class (3) RECEIVED Triumph Treatment Services Projeet Rezone from R-2 M R-3 And Class (3) Ofliee Use Campus at 6(O Superior Lane 1114001 -Ft; CL3 -19; SEPAM)10-19 16 JUN 2 7 Z019 CITY 11, YAKIMA PLANNING 01V 19 ice Use vvith all lIevelo ttit,sitt Re (flattens and the Com ri!hensive Plast under the Criteria Ret uired h "I'Me "16.06.020B is determined by consideration of the following factors: (1) The types of land uses permitted at the site include the proposed office use which is allowed as a Class (3) use in the existing R-3 zoning of the applicant's campus if, as here, the criteria for approval of a Class (3) use are satisfied, (2) The density of residential development and the level of development such as units per acre uld allow for approval of the proposed Class (3) use, The proposed use of the appli ts campus would be considerably less dense than the maximum density allowed in the R-3 zoning district since lot coverage of the applicant's campus would be about 48% in the R-3 zoning district that allows 80% lot coverage, (3) The availability and adequacy of infrastructure and public facilities is not an issue here since there are adequate public and private utility services available for the building and since there is adequate access to the site by way of Englewood Avenue, (4) The characteristics of the developntent are consistent with the development regulations and Comprehensive Plan considerations as discussed in detail above, CONCLUSIONS: Based upon the foregoing Findings, the 1-1 ;ing Examiner ches the following Conclusions: Pursuant to C Chapter 1A3, the Hearing Examiner has jurisdiction end approval by the Yakima City Council of (i) the requested project rezone ofthe 0,21=acre parcel no. 181314-34426 from the Two -Family Residential (R-2) zoning district to the Multifamily Residential (R-3) zoning district to allow a Triumph Treatment Services Project Rezone from R-2 to R-3 And Class (3) Office Use Campus at 600 Superior R)61 -1C ii -191SEPAN010-19 17 MED JUN 2 7 201g: 7Aitk7. N.AWIN Okt 20 21 childcare play area, open space atuVor other accessory uses on that parcel and of (11) the requested Class (3) office use for a portion of a proposed 35-11ot-hi 13,000 -square -Toot building on parcel no. 181314-33413 west of the parcel proposed for a rezone in order to expand and improve the cxisting Triumph Treatment Scr,ices facility and campus at 600 Superior Lane, subject to conditions. (2) Public notice for the June 23, 2019, open record public hearing was provided in accordance with zoning ordinance requirements. (3) A SEPA Determination of Nonsignificance (DNS) for this requested rezone and prop.;- 35-forn-high 13,000 -square -fool building to be used in part for an office use was issued on May 10, 2019, and became final without any appeals. (4) The requested rezone and proposed building to be used in pari for an office use are compliant and compatible with the Future Land Lise Map 1114, with the 1.and Use Compatibility 'Fable 111-11 and with goals and policies of the 2040 Yakima Urban Arca Comprehensive Plan. (5) R4 zoning is permitted for the 0.21 -acre parcel no. 181314-33426 located within the Mixed Residential designation of the City's 2040 Compre- hensive Plan in locations where, as here, it will be compatible with neighboring land (6) The evidence presented at the hearing was to the effect that there is currently a high demand and need for the services provided by Triumph Treatment Services that support the requested rezone and the proposed Clays 13) use. (7) The proposed 35 -foot -high 13,000 -square -foot building to be used in part for an office use is less dense than the maximum lot coverage allowed in the R-3 zoning district; is allowed as a Class (3) use in that zoning district; and is compliant and compatible with the intent arid with the development standards of that zoning district without the need for any variances or administrative adjustments of the applicable development standards. (8) Approval of this application for a project rezone from the R-2 zoning district to the R-3 zoning district and for a Class (3) office use in the R-3 zoning district will result in public benefits and will serve the best interests of the community, RECEIVED Triumph Treatment Services 18 JUN 2 7 :(T-19 Project Rezone from R-2 to R-3 CITY (W YAKKIA. And Class (3) °Woe Lisa MANNING Div Campus at 600 Superior Lane 81)011 -14; CL30 -19; SEPA#0113-19 (9) 1 his application satisfies all of the prescribed criteria for approval by the Yakima City Council of a project rezone of the 0,21 -acre parcel no, 181314- 33426 from the R-2 to the R-3 zoning district to be used as a childcare play arca, open space andior other accessory uses, and for approval of an office use in part of a new 35 -toot -high 13,000-squarc-foot building on parcel no. 181314--33413. (10) This request for a rezone and for approval of the proposed building for a Class (3) office use complies with the YMC §16,06.020(B) criteria for making a Determination of COnsistericy, RECOMMENDATIONS Pursuant to YMC §15,23.030 which requires the Class (3) use request to constitute a recommendation because it is consolidated with the rezone rawest. the Hearing Examiner recommends to the Yakima City Council that this appli- cation for (i) a project rezone of the 0.21 -acre parcel no. 181314-33426 from the Two -Family Residential (R-2) zoning district to the Multifamily Residential (R-3) zoning district to be for a childcare play area, open space andlor other accessory uses and for (ii) approval of a 35 -foot -high 13,000 -square -foot building to be used in part for a Class (3) office use in accordance with the documentation submitted for City File Nos. RZ8001- 19, C1,3002-19 and SEPA#010-19 be APPROVED, subject to the following conditions: (1) Complete drainage plans and calculations which are completed hy a Professional Engineer registered in Washington State shall be submitted to the Surface Water Engineer for review and approval, and Underground Injection Control (I'IC) wells shall be registered with the State Diva ent of Ecology; (2) Contractors doing excavation, clearing, ennstruction, landscaping or demolition work must file a Dust Control Plan with the Yakima Regional Clean Air Agency and obtain approval thereof prior to the s any work; Triumph I -re -ailment Services Ppoject Itexone from R-2 to R-3 And Class (3) Office Use Camps at 600 Superior lane RZW001-19; CL3#012-1e; SEPAigitM-19 19 RECEIVED JUN 2 7 if019 CITY OF YAMA, PLANIMory 22 (3) Prior to demolishing any structures, an asbestos survey, must be con- ducted by a certified asbestos abatement building inspector; (4) Any asbestos found shall be removed by a licensed asbestos abatement contractor prior to demolition of any structures; (5) A Notification of Demolition and Renovation (NC)VR) application must bc filed with the Yakima Regional Clean Air Agency with payment of the fee; (6) The Washington State Department or Ecology recommends that the soils bc sampled and analyzed for lead and arsenic, and for organochlorine pesticides, and if contaminants are found at concentrations above the Model Toxics Control Act cleanup levels, that potential buyers should he notified of their DC-Cita:1'We; 17) Since a nearby domcMic well is not located upon land owned hy the applicant, obtaining the right to access or the right to use land which the applicant docs not posses -3 is a private matter laciween the applicant and that landowner; (8) Sitesercening Standard C shall be installed along the northern and e-a.stern property lines of the 0,21 -acre parcel no. 181314-34426; (9) The maximum building height allowed on the applicant's campus shall be increased to 35 feet, except for the parcel proto be rezoned which may maintain the standard height limitation Of 50 ft in the R-3 zoning district; and (10) The applicant shall provide for approval of the Yakima City Council and for recording with the Yakima County Auditor a modified development agreement or an amendment to the existing development agreement originally approved in 1998 under Ordinance 98-53 in a form satisfactory to the Planning Division which reflects a revised 35 -foot _maximum building height rather than the current 24 -foot maximum building height for the applicant's campus except for the 50 -foot height limitation which will be applicable to parcel no. 181314-34426. DATED this 27th day of .Tune, 2019. Triumph Treatment SCI-ViCCS Project Rezone from 11-2 to R-3 And Class (3) Offite U Campus at 600 Superior Lane R 01-19; CU 2-19; SEPAM010-19 Cary M. Cuillier, Hearing Examiner RECEIVED 20 JUN 2 7 Z0I9 YAXIMA PIING DIV 23