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08/20/2019 06M Development Agreement Amendment with EPIC; Triumph Treatment Services Campus a\'4\lyy bxk ik 1 PPP PPP g. A 9 PPPPPP+Pd ' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.M. For Meeting of:August 20, 2019 ITEM TITLE: Ordinance amending a development agreement with Enterprise for Progress in the Community(EPIC)to increase the maximum building height allowed for the Triumph Treatment Services campus at 600 Superior Lane from 24 feet to 35 feet 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 a proposed rezone at 2708 Jerome Avenue and concurrent Type 3 Review for construction of a 13,000 sq ft building to be used as part of the existing Triumph Treatment Services campus in the vicinity of 600 Superior Lane. 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. As specified in the Hearing Examiner's recommendation, an amendment to the development agreement approved in 1998 (Ordinance 98-53)to reflect a 35-foot maximum building height rather than the current 24-foot building height restriction is required in order for the new 35-foot-tall building to be constructed on the campus. The 35-foot height restriction does not apply to the parcel to be rezoned (parcel no. 181314-34426)which will be limited to 50 feet in height in accordance with the maximum height standards of the Multi-Family Residential (R-3)zoning district. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager 2 STAFF RECOMMENDATION: Pass Ordinance BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D ProposalOrdnance jrnumph 8/712019 Ordnance 3 ORDINANCE NO. 2019- AN ORDINANCE authorizing an addendum, herein referred to as "Addendum 1" made and entered into by and between the City of Yakima, a Washington municipal corporation, herein referred to as "City" and Enterprise for Progress in the Community, a Washington non-profit corporation, herein referred to as "EPIC" to amend Section 4 of the 1998 Development Agreement originally approved under Ordinance No. 98-53. WHEREAS, on March 15, 2019, Triumph Treatment Services submitted to the Planning Division a Rezone, Type (3) Review, and Environmental Review; and WHEREAS, said application included a request that the 1998 Development Agreement be amended to increase the maximum building height from 24 feet to 35 feet; and WHEREAS, on June 13, 2019, the Hearing Examiner held an open-record public hearing to consider the Planning Division's recommendation of approval for the application, including the request to amend the 1998 Development Agreement; and WHEREAS, on July 1, 2019, the Planning Division issued the Hearing Examiner's recommendation to City Council, dated June 27, 2019, which included a condition that a modified development agreement or amendment to the existing 1998 Development Agreement be submitted to and considered by City Council; and WHEREAS, on August 5, 2019, the Yakima City Council authorized Section 4 of the 1998 Development Agreement to be modified, requiring this addendum to be added to the Agreement; 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 Addendum 1 to the 1998 Development Agreement ("Exhibit A") originally approved by the Yakima City Council under Ordinance No. 98-53 ("Exhibit B"), amending Section 4 to increase the maximum building height from 24 feet to 35 feet, attached hereto and incorporated herein by this reference. PASSED BY THE CITY COUNCIL this 20th day of August, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk 4 Publication Date: Effective Date: EXHIBIT A ADDENDUM 1 TO 1998 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF YAKIMA AND ENTERPRISE FOR PROGRESS IN THE COMMUNITY (EPIC) In consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and EPIC that Section 4 of the 1998 Development Agreement shall state as follows and this Addendum shall be fully incorporated therein: 4. Developer and its transferees and successors in interest shall restrict building heights on the Subject Property to 35 feet. CITY OF YAKIMA ENTERPRISE FOR PROGRESS IN THE COMMUNITY By: By: Cliff Moore, City Manager Mamie Barbosa, CEO Date: Date: ATTEST: Sonya Clara Tee, City Clerk 5 011131 EXHIBIT B �0 AN ORDINANCE concerning 1, • u zo • t g 4.65 acres in the vicinity of 2701 Englewood from Single -Family Residential (R-1) to Multi -F y Residential (R-3) and amending the cial Yakima Urban a Zoning Map accordingly; granting Class 2 approval for Group Homes; gr ting Class 3 approval for Profezona1S ces; and granting an Administrative Adjus i -nt to the parking dards for Group Homes and Professional • aces. • EREAS, Enterprise for Progress in the Co unity (EPIC) has requested: (1) a •-ndrnent of the • cial Y ' U a Zoning Map to rezone 4.65 acres in the vicinity of 2701 Englewood (Yakima County r's Parcel # 181314-33015) (reit d to below as "the Subject Property") from Single -Family R- ,'dential (R-1) to MultiF y Residential (R-3); (2) Class 2 approval for Group Homes; (3) Class 3 ap • val for Professional Offices; and (4) an Administrative Adjus' - t to the parking standards for Group Homes and Professional Offices (see Department of Co i unity and Economic Development files U • RZ #8-98, CL(2) #26-98, CL(3) ADM. ADJ. 030-98); and REAS, on August 13, V , the City of Ya a Hearing Examiner conducted a duly convened open record public hearing regarding the requested 'ne, Class 2 and Class 3 zoning review, and Ad . °nistrative Adjustment, and after considering the contents of the file d evidence received at the public hearing, ' rued his Exa er's Recommendation, E ner No. W98-2-25, dated August 27, P and EAS, the Hearing Examiner reco •nded: Subject Property should be rezoned from Single -Family Residential (R-1) to Multi -Family Residential (R-3); and 2. Gass 2 approval for Group Homes, Cl: 3 approval for Professional Offices, and Administrative Adjustment to the parking standards for Group Ho and Professional `ces should be granted, subject to ceconditions stated on pages 7-8 of the Hearing Ex- er's Recommendation; REAS, at its regular public meeting on October 6, 1' • the City Council duly considered the requested rezone, Class 2 and Class 3 approvals, and At nistrative Adjustment, arid the Hearing Examiner's Recommendation; and R , after considering the Hearing Examiner's Reco ndation, the contents of the file, d the statements of interested • ins, the City Council finds with pet to the requested rezone: 1. Subject Pro • is suitable for • idential (R-3) zoning district; I ited in the Multi-FaPeY ORDINANCE. REZONE, CLASS 2 AND 3 APPROVAL Page 1 of 4 6 2. There exists a public need forthe requested rezone; 3. Circumstances have ch ged since the existing zoning was established which now make the requested one app nate; and - 4. The requested re ne is consistent with and complies with: a. The requirements and considerations set forth in chapter 15.23 of the Yaki Municipal b. The goals II 41 e; polie` • - c. intent of the Ya of the Yakima Ur a Ur -a Zoning * d. Other applicable 1 d use controls; d a Comp titmice; 'we PI EREAS, . - considering the He rig Exanu r's Recorn dation, the co e is of the fife, d the state -tits of interest. persons, the City Council finds that, subject to the conditions stated on pages 7 d 8 of t.he He: "ng Ex er Recommendation, d the additional corididon, to be included in a recorded develop nt agreement, that any change(s) in the use of the Subject Property shall tog review d "Tremont or ad istrative adjustment of the parking standards applicable to the proposed different use(s), the requested Cl, 2 and Class 3 approvals and A. alive Adjus # -nt shoidd be granted; and EREAS, it is in the best in s of the City to adopt the Hearing E findings 1 conclusions and , -ridation to approve the requested subject to the conditions stated on pages 7-8 of the Hearing Examiner Reco dation to grant the requested Class 2 d Class 3approvals and Administrative Adjustment; n. BE rr oRDAINED BY VVAS I GTON: OF OF Y and, Section 1. The Yakima Cit3r Council adopts the findings, conclusions o ertdations of the Hearing Ex dation, Examiner No. 1U88-2-25, dated August 27, / 11,1, and incorporates that Hearing Ex e Recommendation by refe as part of ° I I name. Section 2. Regarding the requested ne of the Subject Pro located in the vicinity of 2701 Englewood in Yakima, Washington, Idmas: ,which is d legally The following -d ribeti portion of the South Half of the Southwest Qu (sysyvv-1/4) of - .`on Fou - • n (14), Township (13) North, Range Eighteen (18) East of the Will - b ette Meridian: . - Beginning at an pin on the South li of 'd subdivision situate 1019.3 feet East of the Southwesti -Jr the - if; thence North 54° West 33.85 feet thence Northwesterly along the No asterly right of way line of "Power House Road" ORD1N CE: REZONE, SS 2 AND 3 APPROVAL Page 2 of 4 7 449 feet to an iron pin, said point is designated as point "D"; • - ce North 40 43' East 450.7 feet to a point designated as point "All; thence South 33 101 East 180.1 feet to a point clesignated as point "B"; the true point of beginning of description; thence continuing South 33° 10' East 225 thence South 49° 30' West 60 feet; thence South 40* 30' East 343 feet, more or less, to the Westerly line of Bower's Englewood T is, as shown on plat recorded in Volu rH" of Plats, page 45; thence North 33' 24' West to a point designated as point "E"; thence on a line bea g South 81' 24' West to the inte - tion with a line extending from point "A" to point "B", said point of rote on designated as point "C'; thence South 330 10' East to the true point of beginning. EXCEPT right of way for Englew • • d Av ue along the South line th- if. Yakima County As: -.soes P el 181314-33015 the City Council finds fo • . y that 1. Subject Property is suitable for uses Residential (R-3) zoning district in the Multi -Family 2. There exists a public for the requested rezone; 3. Circumstances have changed since the - %ling • 'rig was establis - • which now make the requested - ane approp ' le; and 4, The requested one is consistent with d - requirements and considerations set forth in Chapter 1523 Yakima 'cipal Code; b. goah and policies of the Yakima Urban Area Comprehensive Plan; c. int of the Ya Urban Area Zoning * c;and d. r applicable 1 d controls. on 3. T Subject Pro (R-3), Y Urban Area Zoning Map is ended to rezone, the from Single -8 Iy Residential (R-1) to Multi -F. ly Residential Section 4. sted CI 2 and Class 3 approvals and Ad . Mistrative Adjustment are granted subject to the conditions sMted on pages 7-8 of the Hearing Examiner's - • endatiorn and the additional condition that the required develo • -nt a ent shall also provide that y c ge(s) in the use of the Subject Property shall require revieve d enforcement or administrative adjustment of the puking stanch • s applicable to the pro * * different use(s). Section 5. The City Clerk is hereby autliorized and di ted to file with the Y. 1 a Co ty Auditor a c - i'fied copy of ordinance. ORDINA R NE, SS 2 AND 3 APPROVAL Page 3 of 4 8 6. Subject to the foregoing provisions d conditiorts, this ordinance shall be in full force and effect 30 days - r its passage, approval, d publication as provided by law and by the City Clarter, and this action shall be final - d conclusive unI wfthln 21 days from the date this, ord ce is p ed by the City - - sp.commenc., p bigs for review pursuant to the pro ion of pter 36. R PASSE lt BY THE C11YUN this I, day of November, 1, ATTEST: meeting d signed ,,", Lt City Clerk Publication Date:_, ---q? Effitctive Date: approved John Po cirtelli, Mayor 01.104rd dacsMemone4 elm englememd aveMmiimancedec Lam primed 10/20/98 410 PM ORDIN CE: *NE, C 2 AND 3 APPROVAL Page 4 of 4 9 Filed at request nf and return tu. CITY CLERK City of Yakima 129 N. 2nd St. Yakima, WA 98901 DOCUMENT TITLE DEVELOPMENT AGREEMENT GRANTORS: ENTERPRISE FOR PROGRESS IN THE COMMUNITY (EPIC) HAROLD ALDERSON MARGARET ALDERSON GRANTEES: CITY OF YAKIMA LEGAL DESCRIPTION; PART OF THE SY:2 OF THE SW1/4 OP SECTION 14 TOWNSHIP 13 N, RANGE 1S EWM Additional legal. below on this pap_ ASSESSOR'S TAX PARCEL NUMBER 181314-33015 DEVELOPMENT ACRE ENT Ting Development Agreement (the gAgregmenr) is made AS a tit* day ot 199& by the City of Yakima, Waghirg;tort, a municipal corporation organized under lawg of the State of Washington (the 'City"), and Pagggprigg for Progress Ln the Community EPC), and Harold and Margaret Alderson ('Developerg). RECITALS A, DevekTer has requested° (1) amendment of the Official Yakima Urban Area Zoning Map to rezone 4,65 gents in the vicinity of 2701 Englewood {referred to below as "the Subject Property") front Single -Family Residential (R -p to muitt.Fautily Residential (R-3); to grant Class 2 approval for Group Homes and Class 3 approval for Professional Offices; and Administrative Adjustment to the parking standards for Group Homes and Professional Offices (see Department of Community and Economic Development files UAZO Rz CL(2) #26.98, CL(3) 08-98, ADM, AD), 430-913), The Subject Property is Yakima County Assessor's Tax Parcel Number 181514-33015) and is described The following -described portion of the South Half of the Southwest Quarter SW s) ot Section FOUileVil (14), Township Thirteen (13) North, Range Eighteen (18) East of the Willamette Meridian: Beginning at an iron pin on the South line of said subdivision situate 1019,3 feet East of the Southwest corner thereof; thence North 54° West 33,85 feet thence Northwesterly along the Northeasterly right of way line of "Power House Road449 feet to an iron pin, said point is designated as point 'D"; thence North 40° 43' East 4507 feet to a point designated as point "A"; DEVELOPMENT AGREEMENT/ EPIC REZONE Page 1 of 4 1111til• 111 I 7089985. Paw of 4 14/44/1 Yaigtg Co, 10 thence South 33" 10' Fast 180.1 feet to a point designated as point "B'; the true point of beginning of this dc-seriptIon, thence continuing South 33 10' East 225 feet; thence South 49' 30' West 60 feet; thence South 40' 30' East 343 feet, more or less,to the Westerly line of Bower's Englewood Tracts., as shown On plat recorded in Volume 'H" cif Plats, page 45, thence North 33* 24' West 809 feet to a point designated as point F''; thence on lino hearing South 81' 24' West to the intersecnon with a line extending from point "A' to pont 13", .said point of Intersection designated as point "C"; thence South 33' 10' East to the true point of beginning. EXCEPT right of way for Englewood Avenue along the South line thereof Situated in Yakima County, Washingt B. The City is willing to rezone the Subject Property from Single -Family Residential (R-1) to Multi -Family Residential (R-3); t -o grant Class 2 approval for Group Homes and Class 3 approval for Professional Offices, and Administrative Adjustment to the parking standards for Group Homes and Profe.ssiorial Offices, btii only if; 1, Building heights on the Subject Property are restricted to 24 feet. 2, Offices and related space are limited to entities providing services or goods directly related to the facility. This is intended to allow flexibility, a variety of services, and perhaps a snail food service operation, without permitting free-standing commercial operations. 3, Any change(s) in the use of the Subject Property shalt trigger review and enforcement or administrative adjustment of the parking standards applicable to the proposed different use(s). Developer agrees to fully satisfy the conditions specified above. AGREEMENT In consideration of the mutual promisos herein, the City and the Developer agree as follows: 1. Developer stipulates that, for the purposes of establishing and enforcing this development agreement, the City's current development reg,-idations are 'development regulations adopted by a local government planning tinder chapter 36.70A RCP,'" according to the provisions of RCW 36 7013.170 The City shall rezone the Subject Property from Single -Family Residential (R-1) to Multi - Family Residential (R-3), 3, The City shall grant Class 2 approval for Group Homes and Class 3 approval for Professional Offices; and Administrative Adjustment to the parking standards for Group Homes and Professional Offices_ 4. Developer and its transferees and successors in interest shall restrict building heights on the Subject Property to 24 feet. 5_ Developer and its transferees and successors m interwit shall limit offices and related space io entities providing services or goods directly relaIxid to the facility. This is intended to aIlow flexibility, a variety of services; and perhaps a small food service operation, without permitting free-standing commercial operations. 6 Developer and its transferees and giccessors in interest stipulate and ape: that any change(s) in the use of the Subject Property shall require review and enforcement or administrative adjustment of the parking standards applicable to the proposed different use(s). DEVELOPMENT AGREEMENT,/ EPIC REZONE 1 1111 CITY 4 'MX MA II Pap 2 of 4 7089'995 Pap 2 or 4 12/64,1999 t9' YakItta co, 48 11 7, Notieei and Demands, Any notice or demand which either party hereto is required or desires to givegv& to or make upon the other shall be in writing and shall be delivered or made by United States registered or certified mall, return receipt requested, postage prepaid, addressed_ as follows: In the case of the City to; In the case of the Developer to; City of Yakima EPIC c/o City Manager 2902 Castlevale Road, Suite A 129 North Second Street Yakima, Washington 909O2 Yakima, Washingto 8_ Utigatiork, Woute, and Governing Imes In the (wanton suit or de tWO inStihitOti by either party to enforce so mpliance seith or interpret au of the ternm provisions or conditions M this developMent. agreement, the prevailing party shall be entitled to collect 1.11 addition to necessary wild costs, such sums as the court may adjudge AS teiMOMIblO attorney's fees, The venue 01 any action io eoforte m interpret fins development agreement fiball tr1 the SOp011Or roilri Of Washington for Yakima County, Snraingturs This A: - -merit shell b governed by the laws of the State of Washington, IN WITNESS WEIEREOF, the palm hereto have executed this Agreement m of the day and year Ma above written DEVELOPER; THE CM OF YAKIMA. ENTERPRISE FOR PROGRESS IN ME Washing1L municipal corporal:KM COMMUNITY (EPIC), a Washington municipal corporation Nsm By ATTEST A?Zais, Jr City Manages ty Clerk „M nen/ 6% DEVELOPMENT AGREEMENT/ EPI R Nertte sime Signer's 1 'ate EIC4, 'e,1;14.:ce tto, Harold Alderson Margaret Aidemon Page 3 of 4 7089985 Page, 3 of 4 fi 12/34/I'sa 1100 Vot-bot MI, OA 12 Stag zf W 'takinia ss rwon :vhrt atitfn �rrtent,:on 0rtt ! he (tt°1 it of math arty On ctt�rte v"id �„ nae, �taa� saaCt f�" off�ct.r traasta:,-ti t&tt ityslrittt r4 �a�Redpa�si tin�at �a;*�t`sh�*p 1ne�-1 tf►�a ecctl. ih� iatstiaarmtit ani ackttovvfedgei of State of Washington County of Yakima ed NOTARY P residing at My cornrni5si I certify that I now or have satisfactory €vidence that Harold Alderson is dt i rson who appeared before me, and said person acknowledged that he signed this instrument art a kncrevledged it to be tt rtt tye act fr r h talc and pxtrposes mentioned in the uistrument, DATED State of For Kington County of Yakima I certify, that I know or ha v satisfac before me, and said person ackaic��vi Ita #roe talttratmy art for tt DATED OPME A Erirtte NOTAR IC in residing at My cots mist ry evident d that he si Akdenon is the person who app arcd d acknowledged it to trurent. tda NOTARY residing at Mt romris a rpires:: F. IC R E CINE Page 4of4 7089985 441 I 9319 as111 13 ant OF YAKIIVtA, Information Serwi FILE C O UAW R2.. h-4� '1.'I IL'A,N I" QC.°I S 1' REZONE FROM ISTI TOR -9 AND LOCA' F: A PROYFSSIONALOFFICis BUILDING ;N,OFENO l_EWOODFTVaN27TH&3'2NDAYES. 3 -:ireµ, Subject Property ZoningBoundary Yakima City Limits 14 , 8 66 • r• ..:"".•:•;:* • 11.1: • . :••••••- •-• • ,• 't.,10•;"1 t• „ . a: A • . • • • A A , • - ' - 9 t a 6 A .• M Is le St SI II " 15 16 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON Item No, 1 `i For Meeting Of Noy 3, 1 ITEM TITLE: Ordinance e ti IC Rezone SUBMITTEDWilliam R. Cook, Director, Community & Economic Development CONTACT ® Bruce Benson, Associate _ to lanner 575-6342 SUMMARY EXPLANATION: BACKGROUND OU On Oct. 6, 1998, the City Council ootid to accept the Hearings Examiner's recddtatienr ation to rezone aIpprdxirnat ly &SS acres of land &Rated at 2701 Englewood Avenue from R -t, Single -Family Residential to R-3, Malta -Family Residential:. Attached for your action is the Rezone Ordinance which mall effect this change. APPROVAL FOR SUBMITTAL: City STAFF RECOMMENDATION: Adopt Ordinance, BOARD RECOMMENDATION: Hearing Examiner recommended approval of rezone on ogfaat Zip 1998. COUNCIL ACTION: Waster 1ictin by EPIC for a Res -re fr R-1 to R-3, Clout* 2 for Group R s, Class 3 Review for Offi sr d Adjustment of Parking n r 2701 Engl. nue 1S REC RECEIVED AEG 2 7 1998 an OF YAIGMA Tim PLANNING Da City No. *I, 0 RE ie-ste, EC 018-98, CL(3) #6-98, CL(2) #2E-98, Adj.AI30-98 NER NO. 11198-2-25 The Examiner conducted a public hearing on August 13, 1990. The staff report presented by Bruce Benson recommended approval. Steve Liddicoat, of Gridline, Inc., and EPIC entourage appeared on behalf of the proposal. There was no opposition. The Examiner inspected the property prior to the hearing. Y OF DEC/S1CW. The Examiner recommends approval. Although this is a multi -faceted, large, and fairly complex proposal, it is entirely non -controversial. The only issue deals with potential limitations an co ercial business, and what types of entities can locate professional offices on site. From the view of the site, the matters contained in the official record including the staff report, a review of both the Yakima. Urban Area Comprehensive Plan and the Yaki - Urban Area Zoning Ordinance, and fr. evidence received at the hearing, the Ex irier makes the following: EPIC - Enterprise for Progress in the ity 2. Location. 2'701 Englewood Avenue; Assessor's parcel 181314-3301S, The legal description is attached to the application and incorporated by reference. E INER'S RECOMMENDATION - 1 EPIC HE *1090-2-25 17 3. Application. This is a ster application requesting a rezone of approximately 4.55 acres from R-1, Single -Family Residential to R-3, Multi -Family Residential together with Environmental Review, Class (2) review for Group Ho s, Clasp 43) review to permit Professional Offices, and an Administrative' Adjustment to the parking standards for Group Homes and Professional Offices. 4, Proposed Zooe,, iti-Funnily Residential {R=3). S. Pro«sad Use. Group Ho s and related offices. 6. Cxxrrant' Zoo and U Thi- property i$ currently orchard and zoned R�1 Adjacent properties have the following characteristics: Zoning h R-1. R-1 R-1 and R-2 th R Orchard Single -Family Residential Residential Residential 7. Pro sot r)aaeriptien. This is a star a i nation involving the above cited five separate land use reviews, The EPIC organization ie purchasing this orchard property, and adjacent orchard lands, with pl for a future mixed use development, On this property they propose nixie individual group homes and/or offices d four outbuildings to be constructed in a four phase development. EPIC already has a presence in this area in that they operate progra and locate worm of their administrative functions at the fo r Castlevale School building along Castlsvale Road, located approxi Lely 1/4 mile to the north. This property was part of the recent Fruitvale annexation inoerporateci into the City of Yakima on May 1, lees. The staff report contains considerably more detail, and is adopted and incorporated by reference, B. Yak' a Urban as Zonizx. Or n es, The criteria for rezones established by YMC 15.23.030(5) are considered below: $ REC 11ENDATI©N - 2 wirewia FOR CT' AND PosiT or. e YMW.w, 4OOSD Z1' 1 • 18 support the re 8.2 physicei1y well su e All testimony and written cd ,ants of for this 8.3 AgecoY Roc sa�9 Proper. This property is ively intense us . No agencies are opposed to the rezone The Pinning Division recommends approval. 8.4 C.«a;ian Ordinan This i dealt with in more detail in' the staff report Perhaps the most salient point is that this area is designated by the 199? Comprehensive Plan as appropriate for high density development. Both the old and the new plane encourage this type of protect, which locates public facilities of this type within the urban area, in areas well served by arterials, in a manner which is compatible with surrounding development, With respect to the zoning ordinance, R-3 zoning is considered compatible with R-1 zoning if appropriate site considerations are taken. In this instance, in order to promote a compatible development, the applicant will separate access, using a collector arterial, so that access does not run through R-1 neighborhoods. Sitescreening will be employed to the east and west, there will be building height limitations, and buildings will be designed to architecturally blend with the neighboring areas. 8.5 e<,a of ° �:.1 8a til a. The developer aokres�aledges that all public utilities need to be extended to this site, and will be done so as part of this proiect. 8.6 C significant factor is that there is absolutely no opposition to this proposal. EPIC has met with the neighbors prior to the public hearing, and has obviously don an exceptional job Of designing a project which fits into the area. ty. Perhape the single most 8.7 io Need. As reflected in the entire file, including the staff report, there is a substantial public need for EXAMINER'S RECOMMENDATION - EPIC E t IU98-2-25 NG £](AMNER FOR TME G,59 •NL7 E+tTWry Or YM lA •OST OFFIGt ieW A WWSP, WMiiNGTON Qai67 ua.^-1 24194070E 19 the community services currently offered and proposed to be offered by ESIC. 9. Class 2 Class 3 Review. Even if granted the rezone, this proposal remains dependent upon receiving concurrent approval for both the Class (2) group h s and the Clean (3) professional offices. The property is not proposed for subdivision so control of this development will remain in the hands of the developer. This proposal has a separate access from a collector arterial; once traffic has left the arterial it will not be mixed with other residential traffic in the area. The site plan indicates a campue-like environ nt with compatible officers and group homes. The entire project will be integrated with the surrounding neighborhood by appearance and segregated by use. Landscaping, site screening, d to,..raphy will be used to provide a buffer to other loss intensive land usea. 10 . YMC Section 15.10.020 authorizes' the Adm.ini5trativ Officialto adjust certain standards of the ordinance, including parking standards. Such adjustments are intended to allow for site flexibility and provide the opportunity for some tradeoffs in amenities in exchange for the adjust-na. in standarde. Of the five criteria listed in DA20 15.10.020, the subject proposal conforms, or does not conform, in the following ways; 1. Does not apply, solar acces ie not aconsideration in this request. 2. Zero Lot Line Ofistruttion; Does not apply, no zero lot line construction is propoaed. 3. Do ea not apply. 4- FleXihilitY Of cianfqn The parking standards for group h * * 44 4* '-4* = is one space for each two beds and the standard for offices is one space for each two EXAMINER'S RECOMMENDATION - 4 EPIC HE #IU99-2-25 • • • HEARN±G tX10.40,116R 1011 lTle CRY IND =PM' OrVOXINIA RV COT= BOX 4 YAKIMA, wAsmirla TON 08007 1248.47043 20 hundred square feet of gross floor area -The mite plan indicates that to meet the standard based on usage there should be 87 parking spaces and only 77 are indicated. The applicant has indicated that their group home client residenta are not permitted to have a car while in residence. -On this basis they 'have requested reduction of the parking standards by ten space. The request is logical; the standard presumevehicle usage when there will be none. The reduction is realietic. In the future, if any of the building space set aside for group hone use 413 altered to office use, the issue of parking spaces should he reexamined because offices require significantly more parking than group homes. S. No plans exist to address this area. 11. !hexed Devel •nt. The. applic t hes presented a site plan and narrative proposing four phases of development. Phase I, closest to Englewood, is believed to be financially feasible upon receipt of zoning and land ume approval. Development of additional phases will require continuing financial support and agency partnering which is dependent upon many factors. The applicant asks that approval be granted now for future phamee. The maximum time period requested between phases is three years. The applicant would also like to reserve the right to begin phase development earlier, if poseible. This is contingent upon the requirement that all phasing or partial JAalaing will require complete infrastructure improvements before certificates of occupancy are issued. The applicant has been advised that the approval of a phaeed . development will require continued adherence to the final site plans and designs approved through this review and bearings process. Alterations of the ae site plane and propoeale could be achieved through the modification process eet forth in YMC Chapter 15.17. Any changes in excess of that permitted under the EXAMINER'S RECO EPIC HE #11.798-2-25 NDATICN - 5 HEWINGE44UNE KM114 CITY AND COUNTY OF 'MINA oaf rr oFnct OM 4 VA11P4i, WAIi4.1744TON MOW Wel 248.0 7C45 21 modification provisions will require additional Clase (2) or Claes (3) review, and perhaps additional SEPA review, depending upon the type and scope of changes requeeted. Phasing is appropriate. 12. Envie° ..ntal Peovi A tenation of Non- significance was issued by the city, and is now fl 13. Puhlic Notice. Notice for the hearing was provided in accordance with the UAZO requirements in the following manner: Mailing of notices to adjacent ownerJuly 31, 1999 Posting of property July 31, 1999 Legal Ad published July 31, 1998 From the foregoing Findings!, the Examiner kes the following: OLUSIONN 1, The Examiner has jurisdictiOn. 2. The proposed master application conforms to the goals and policies of the Yakima Urban Area Comprehensive Plan, and to the intent of the Yakima Area Zoning Ordinance, the property is suitable for uses permitted in the R-3 district; and will serve the public use and interest, subject to the conditions set forth below. 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing findings and conclusions, the Examiner submits to the Yakima City Council the following: E JNER'S RECOMMENDATION - EPIC HE #IU98-2-25 ME a THE CT( *ID COUNTY Or VMMA pew OFFICE MORA VA1CMA-WASHNOCW.41147 45Crin248-0704 • • 22 1. Approve this rezone application, from R-1 to R-3. 2. Approve the Class 2 request for tfroUp homes and the Class 3 request for professional offices; approve the requested adjustment to parking standards, and -approve the proposed phasing, subject to the following conditions: 2.1. Dedication of *dditia1 ten feet of right-of- way and frontage improments are required along Englewood Avenue. These shall include asphalt widening, curb and gutter with controlled drainage, and a seven foot wide eWalk. This will necessitate a civil engi ering demign approved by the City Engineer prior to construction. (YMC Section 14.20.020). 2.2. A final site plan will be required showing the frontage impr menta to Engle od and noting the approved time frames for the phasing of devel p..nt. 2.3. The developer shall Submit design plans to the City Engineer for all water, d sewer improve nts. No construction of improva ns shall begin until the City Engineer has approved the p 2.4. The developer shall consult with the Pire Department regarding placement of fire hydrants prior to their installation. 2,5. "No Parking" signs shall'be placed along the private access road. 2.6. Irrigation water shall be utilized for non - do tc purposes, if available. 2.7 A development agement or deed restriction shall be executed and recorded with the Co y Auditor restricting building heights to 24 feet: offices and related apace shall be limited to entities providing services or goods directly related to the facility. [This is. intended to allow flexibility, E - INER'S RC 1 TION - 7 EP HE #IU98-2-25 23 allowing a variety of serviceso and perhaps operation, without p ttng free standing operations.) 2.e. Phased development is approved. Certificates of occupancy shall not be issued for buildings within a given phase unti1 infrastructure for that phase is c leted or otherwise financially guaranteed or bonded for. 2.9 This project approval shall be valid or ten years, and subject to extension as the A istrative Official may determine is reasonable. DATED this 11 day of August, 1998, IL P A. 413 Hearing Examiner E ER'S RECOMMENDATION - EP C HE #1U96-2-25 • 24