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HomeMy WebLinkAbout03/18/2008 06 2007 Comprehensive Plan Amendments - pt 1 Joint Board of Yakima City Council Yakima County Commissioners 2007 Comprehensive Plan Amendments � Closed Record Public Hearing(- "'Yakima City Hall Council Chambers 129 North 2nd Street March 18, 2008 7:00 p.m:' Joint Board of Yakima City Council & Yakima County Commissioners 2007 Comprehensive Plan Amendments Closed Record Public Hearing Yakima City Hall Council Chambers • 129 N. 2nd Street March 18, 2008 7:00 p.m. Table of Contents CHAPTER AA Regional Planning Commission's Findings and Recommendations • CHAPTER A Walter & Virginia Mick CPA#1-07, Rezone #3 -07, EC# 11 -07 SE Corner of 64 Ave and Washington Ave CHAPTER B The Noel Corporation CPA #2 -07, Rezone #4 -07, EC #12 -07 1015 S. 5 Ave & Vicinity of South 5 Ave and Nob Hill CHAPTER C Brashen Yakima, LLC CPA #3 -07, Rezone #5 -07, EC #14 -07 1230 South First Street CHAPTER D Roy Johnson CPA#4 -07, Rezone #6 -07, EC #15 -07 4906 Summitview Ave CHAPTER E A &N Investment CPA #5 -07, Rezone #7 -07, EC 16 -07 716 & 718 S. 6 Ave & 507 East Adams CHAPTER F James L.D. Thomas CPA #6 -07, Rezone #8 -07, EC #17 -07 5609 Tieton Drive CHAPTER G Summit Crest Construction CPA #7 -07, Rezone #9 -07, EC# 18 -07 4600 Summitview Ave. CHAPTER H Des Mathis CPA #8 -07, Rezone #10 -07, EC# 19 -07 2013 & 2015 Willow and 2018 Fruitvale Blvd. CHAPTER I Bill Chichenoff et al. CPA #9 -07, Rezone #11 -07, EC #20 -07 1007, 1009, 1101, 1103, 1105 W. Washington Ave. CHAPTER J Yakima Temple Building / Michael Kim CPA #10 -07, Rezone #12 -07, EC #21 -07 2412 & 2506 West Mead Ave. CHAPTER K Regional Planning Commission and Hearing Examiner Public Hearings and Workshops Agenda, Sign -In Sheets, and Minutes CHAPTER L Public Notices Joint Board of Yakima City Council & Yakima County Commissioners 2007 Comprehensive Plan Amendments March 18, 2008 EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation EXHIBIT. x * . . , ., .. = r : = DATE AA -1 Regional Planning Commission's Findings of Fact and 1 -09 -08 Recommendation for 2007 Comp Plan Amendments EXHIBIT "A" REGIONAL PLANNING COMMISSION FINDINGS OF FACT & RECOMMENDATION FOR 2007 COMPREHENSIVE PLAN AMENDMENTS January 9, 2008 WHEREAS The City and County adopted the Yakima Urban Area Comprehensive Plan in December 2006. The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by citizens, property owners and/or local government. For the 2007 amendment review process, the Department of Community & Economic Development received ten requests for possible amendments to the Future Land Use Map for the 2007 amendment review process. The Yakima Urban Area Regional Planning Commission is responsible for the review of - each request and for recommending approval, modification or denial of each request. Public Hearing and Commission discussions were conducted by the RPC on said requests on December 5, 2007, December 12, 2007 and January 2, 2008. The Regional Planning Commission concluded its consideration of these ten applications on January 9, 2008. Now therefore, the Yakima Urban Area Regional Planning Commission presents the following findings and recommendations to the Board of Yakima County Commissioners and Yakima City Council: 2007 Regional Planning Commission 1 Comprehensive Plan Amendment DOC Recommendations IN D EX j SUMMARY OF RECOMMENDATION FOR CPA # 1 -07 APPLICANT: Walter & Virginia Mick LOCATION: SE Corner of 64 & Washington Avenue PARCEL NO: APN #181333 - 32403, 32404, and 32405 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval by the Yakima City Council of this rezone from the SR zoning district to the SCC zoning district. DESCRIPTION OF REQUEST The applicant requests a change in the Future Land Use Map from Low Density Residential to Arterial Commercial. Future zoning would be Small Convenience Center (SCC) if the amendment were approved. This is a request for a non - project rezone of three parcels totaling about 7.37 acres in size located on the southeast corner of South 64 Avenue and West Washington Avenue, located in the Suburban Residential (SR) zoning district. The property is currently being used as a commercial pear orchard and there are no immediate plans to develop the property in any particular manner. FINDINGS This is a non - project rezone request. ° The subject property is adjacent to fruit orchards, Washington State Department of Correction's Ahtanum View Correction Complex, and an alfalfa field and the requested land use change will not have any significant affect on adjoining properties. ° The subject property is well suited for uses permitted in the Small Convenience Center (SCC) zoning district. Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being a supermarket and drugstore. The size and location of the subject property makes it more suitable for SCC uses in the foreseeable future. ° The Comprehensive Plan Arterial Commercial designation would support the requested rezone of the three parcels to the Small Convenience Center (SCC) zoning district. 2007 Regional Planning Commission 2 Comprehensive Plan Amendment DOC. Recommendations INDEX G QAlI o The proposed rezone of the subject property would be compatible with the neighboring land uses while the current Suburban Residential zoning is not. o The granting of this request would fulfill a major objective of the existing C omprehensive Plan without conflicting with other goals and policies. • Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts. A preliminary Determination of Non - significance (DNS) was issued by the City of Yakima on September 7, 2007. Afinal Determination of Nonsignificance was issued on October 4, 2007. No appeal was filed during the SEPA appeal period which expired on October 18, 2007. REGIONAL PLANNING COMMISSION CONCLUSIONS o The amendment is minor in nature. ° No adverse impacts have been identified by this amendment request. o Small Convenience Center commercial uses would be more compatible than residential uses with the State Correctional Facility to the south and the major transportation route and industrial zoned property to the north. MOTION Based . upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Suburban Residential to Arterial Commercial. The,motion carried by a 3 to 1 vote,! with one abstention. ohn Hodkinson, Acting Chair ate Regional Planning Commission, 2007 Regional Planning Commission 3 Comprehensive Plan Amendment Recommendations DOC. INDEX SUMMARY OF RECOMMENDATION FOR CPA # 2 -07 APPLICANT: The Noel Corporation LOCATION: 1015 S. 5 Avenue & Vicinity of S. 5 Avenue & Nob Hill Boulevard PARCEL NO: APN #181325 -14405 and 14410 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner affirms the SEPA Determination of Nonsignificance and recommends that conditions be imposed on the requested rezone from the R -1 to the SCC zone. DESCRIPTION OF REQUEST This is an application to rezone two parcels immediately west of the shopping center which are located north of Nob Hill Boulevard between South 4 and South 5 Avenues. The parcels are vacant and are zoned Single- Family Residential (R -1). One of the parcels abuts South 5 Avenue and the other is to the northeast of that parcel next to the existing shopping center building. The parcels were purchased by the owner of the shopping center in 2005 with the goal of expanding the shopping center uses onto those parcels in a way that is unknown at this point because this is a non - project rezone request. The two parcels included in the rezone request are located north of Nob Hill Boulevard between South 4 Avenue and South 5 Avenue west of the Southgate Shopping Center. The parcel numbers are 181325 -14405 and 14410. The parcels are currently zoned Single - Family Residential consistent with their Low Density Residential Comprehensive Plan designation. FINDINGS ° The subject properties are currently zoned for single - family residential use. ° The future land use designation of the properties as Low Density Residential does not support the rezoning of the properties to SCC, Small Convenience Center which is intended to accommodate day -to -day convenience shopping and service needs of the surrounding neighborhood. Uses in this district include retail or personal service establishments dealing directly with the customer, the primary occupants usually being a supermarket and drug store. 2007 Regional Planning Commission 4 Comprehensive Plan Amendment Recommendations DOG. INDEX # ��rl o The proposed change in future land use designation readily accommodates the intent of the SCC zoning district. o There are no attributes per se that render the proposed rezone unsuitable for the permitted uses allowed in the SCC zoning district. o This is a non - project rezone request. I ` The proximity of a local access street and residential uses requires the recommended conditions for this rezone be imposed, together with any additional conditions that may be imposed as a result of future environmental and/or traffic review processes at the time a specific development is proposed. • With the imposition of the recommended conditions, the two subject parcels would be suitable for any SCC uses of a type that would be exempt from additional environmental and/or traffic review in the future. SCC uses of the type that would require additional environmental and/or traffic review in the future would also be subject to any additional conditions imposed as a result of those reviews. o The Comprehensive Plan designation of Neighborhood/ Community Commercial would support the requested rezone of the parcels to SCC. The proposed rezone of the subject parcels is only consistent with the Comprehensive Plan if the proposed Comprehensive Plan amendment of Neighborhood/Community Commercial is approved. o The requested rezone with the recommended conditions will strike a balance between the public need to accommodate the possible future expansion of a successful business providing needed goods and services along a busy street and the need to minimize adverse impacts of SCC uses on the neighborhood they serve. o The existing infrastructure in the vicinity is adequate and appropriate to support uses allowed as a result of the proposed rezone. o The proposed rezone meets public need for zoning that affectively implements the Neighborhood Commercial future land use designation. • As conditioned, the proposed rezones meet the Consistency Review requirements as set forth in Chapter 16.06, Yakima Municipal Code. 2007 Regional Planning Commission 5 Comprehensive Plan Amendment DOC Recommendations INDEX #A_ ENVIRONMENTAL ANALYSIS (SEPA) A preliminary Determination of Non - significance (DNS) was issued by the City of Yakima on August 22, 2007. A final Determination of Nonsignificance was issued on September 21, 2007. A SEPA appeal was filed on October 4, 2007 before the SEPA appeal period expired on October 8, 2007. Notice of the appeal hearing was given by mailing notice to property owners, publishing notice and posting the property on October 18, 2007. The hearing was held regarding the SEPA appeal on November 8, 2007 where sworn testimony was presented by Mr. McBride, Mr. Hatfield and Mr. Myre. The Examiner concluded that any probable significant adverse environmental effects from any type of development on the two parcels resulting from the requested rezone would be unlikely or would have not more than a moderate adverse environmental effect under WAC 197 -11- 794(1) if the Examiner's five recommended conditions are imposed on the requested rezone. The Examiner's alternatives are to: (i) recommend those conditions be imposed on the rezone to effectively address the appellant's stated grounds for appealing the DNS; or (ii) remand this matter to the SEPA responsible official to consider conditioning the rezone by means of a Mitigated Determination of Nonsignficance (MDNS) and continue the open record public hearing. The result of either alternative would be the same. Since the latter alternative seems to involve an unnecessary step and needless delay, since Mr. McBride favored the alternative of conditioning the rezone and since the imposition of conditions on the rezone are acceptable to the applicant, the Examiner will recommend that the City Council approve this requested rezone subject to five conditions if the requested Comprehensive Plan amendment is approved. Since no probable significant adverse environmental effects will result from the requested rezone if it is conditioned to address the appellant's environmental concerns in the manner recommended, the DNS will be affirmed. The Hearing Examiner recommends the rezone request be APPROVED with the following conditions: 1) Ingress to and egress from either of the two subject parcels by way of South 5 Avenue shall be prohibited; 2) Lighted signage along South 5 Avenue or along any common property lines between the two subject parcels and any adjoining properties improved with residences to the north or south shall be prohibited; 3) Violations of the City's public disturbance noise provisions of Section 6.04.180 of the Yakima Municipal Code which make it "unlawful for any person in possession of property to knowingly cause, permit or allow to emanate there from any sound which by its intensity, volume, frequency, duration or character unreasonably disturbs or interferes 2007 Regional Planning Commission 6 Comprehensive Plan Amendment DO C . Recommendations INDEX A _I with the peace, comfort and repose of others" shall be prohibited on the two subject parcels even though commercial uses would otherwise be exempt from said ordinance; 4) Only cut -off light fixtures shall be used on the two subject parcels which shall be shielded and installed in a manner that prevents fugitive light or light spillage from the parcels ,onto South 5 Avenue or onto any adjoining properties improved with residences to the north or south of the parcels; and 5) Buildings fronting on South 5 Avenue or on any common property lines between the two subject parcels and any adjoining properties improved with residences to the north or south of the parcels shall be prohibited. REGIONAL PLANNING COMMISSION CONCLUSIONS o The requested amendment is minor in nature. o No adverse impact has been identified by this amendment request that cannot be reasonably mitigated. • Small Convenience Center uses would be a natural extension of existing retail/commercial land uses. o Small Convenience Center commercial uses would be compatible with adjacent residential uses with appropriate conditions imposed on the rezone approval as recommended by the Hearing Examiner. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Medium Density Residential to Neighborhood Commercial. The motion carried unanimously. , ohn Hodkinson, Acting Chair Date Regional Planning Commission 2007 Regional Planning Commission 7 Comprehensive Plan Amendment D 0 C Recommendations INDEX Aii_ SUMMARY OF RECOMMENDATION FOR CPA # 3 -07 APPLICANT: Linc PropertiesBrashen Yakima, LLC . LOCATION: 1214 -1230 South 1st Street PARCEL NO: APN #191330 -13004 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval by the Yakima City Council of this request for a rezone from the M -2 to the CBDS zoning district. DESCRIPTION OF REQUEST The applicant requests a change in the Future Land Use Map from Industrial to Arterial Commercial. Future zoning would be Central Business District Support (CBDS) if the amendment were approved. This is an application to rezone a triangular 1.62 -acre parcel from Heavy Industrial (M -2) to Central Business District Support (CBDS) in order to conform the zoning of the parcel to its existing and historical retail/commercial usage. The parcel is developed with buildings and parking areas currently used by Rent -A- Center, Schuck's Auto Supply and Sherwin- Williams Paints. One of the buildings is currently vacant. FINDINGS ° The location of the requested rezone is 1214 -1230 South e Street, Yakima, Washington. The parcel is on the west side of South 1s Street north of its intersection with Nob Hill Boulevard. o The Comprehensive Plan Arterial Commercial designation would support the requested rezone of the property to the Central Business District Support (CBDS) zoning district. o This property is not suited for industrial uses because it is not of sufficient size and configuration to accommodate construction, manufacturing, transportation or warehousing type activities characteristic of its current Heavy Industrial zoning designation. o The demand for industrial uses at this location is virtually nonexistent in the current marketplace; whereas there is a high demand for retail/commercial uses in this area. 2007 Regional Planning Commission 8 Comprehensive Plan Amendment DO C , Recommendations INDEX # �A_l o This property is able to fulfill a public need for retail /commercial services at a readily accessible and convenient location. • All public utilities are available to the subject property. ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts. On September 7, 2007 a preliminary Determination of Nonsignificance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal period lapsed on October 19, 2007. No appeals were filed within the 15 -day appeal period. REGIONAL PLANNING COMMISSION CONCLUSIONS o The amendment is minor in nature. o No adverse impacts have been identified by this amendment request. o The proposed rezone of the subject property and the uses allowed by the proposed zoning would be compatible with longstanding neighboring land uses of a commercial nature. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Industrial to Arterial Commercial. The motion carried unanimously. A i r 0 ohn Hodkinson, Acting Chair Date Regional Planning Commission 2007 Regional Planning Commission 9 Comprehensive Plan Amendment DOG. Recommendations INDEX A•A _ 1 SUMMARY OF RECOMMENDATION FOR CPA # 4-07 APPLICANT: Roy Johnson LOCATION: 4906 Summitview Avenue PARCEL NO: APN #181321 -41001 SUMMARY OF HEARING EXAMINER RECOMMENDATION The, Hearing Examiner recommends approval of this rezone application subject to conditions set forth below. In particular, this approval recommendation is conditioned upon the amendment of the comprehensive plan future land use designation to Neighborhood Commercial for the portion of the property to be rezoned to Local Business (B -2) and to High Density Residential for the portion to be rezoned to Multifamily Residential (R -3). DESCRIPTION OF REQUEST The applicant requests a change in the Future Land Use Map from Low Density Residential to a combination of Neighborhood Commercial and High Density Residential zoning. Future zoning would be B -2, Local Business on the northern portion of the subject property and R -3, Multi- Family Residential on the southern portion of the property, if the amendment were approved. FINDINGS o The location of the requested rezone is 4906 Summitview Avenue. • The subject property comprises 9.5 acres and contains a single - family residence, miscellaneous outbuildings, and a fruit warehouse. The balance of the property is a fruit orchard and retail fruit sale facility. Barge Street stubs up to the approximate center of the eastern property boundary. o This is a non - project rezone application request. o There are no attributes of the property per se that render it unsuitable for the permitted uses in either the B -2 or R -3 zoning districts. • All public utilities are available to the property. 2007 Regional Planning Commission 10 Comprehensive Plan Amendment Recommendations DOC. INDEX AA - o The Comprehensive Plan Low Density Residential designation would not support the requested rezone of the property to either the B -2 or R -3 zoning districts. o The change in zoning for the northern portion of the property to B -2 would be consistent with the proposed Comprehensive Plan designation. o The change in zoning for the southern portion of the property to R -3 would be consistent with the proposed Comprehensive Plan designation. o The boundary between the portions of the property to be zoned B -2 and the portion zoned R -3 shall be clearly delineated by the westward extension of the c enterline of the Barge Street right -of -way from the eastern boundary line to the western boundary of the subject property. o No written comments or testimony were submitted in opposition to the requested rezone. ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts. On September 7, 2007 a preliminary Determination of Nonsignificance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal period lapsed on October 19, 2007. No appeals were filed within the 15 -day appeal period. REGIONAL PLANNING COMMISSION CONCLUSIONS • The amendment is minor in nature. o No adverse impacts have been identified by this amendment request. • This proposal permits the expansion of the existing commercial block located to the east of the subject property, and also permits the expansion of this commercial block to continue westward until it ties into the existing B -1, Professional Business zoning district. o The change in zoning for both the southern portion and northern portion of the subject property would be consistent with the proposed Comprehensive Plan Future Land Use Map designation. 2007 Regional Planning Commission 1 1 Comprehensive Plan Amendment D 0 C Recommendations INDEX AA -1 MOTION Based upon the analysis, fmdings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Low Density Residential to High Density Residential on the south, and from Low Density Residential to Neighborhood Commercial on the north. The motion carried unanimously. /John Hodkinson, Acting Chair Date Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Commission 12 Comprehensive Plan Amendment D O C Recommendations INDEX #,44j SUMII�IARy OF RECOMMENDATION FOR CPA #5-07 APPLICANT; A &N Investment & R LOCATION: 716, 718 South 6te Rental Properties, LLC PARCEL NO: Street and 507 East Adams Street APN #191319 - 43508, 43509, 43510 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval by the from the R -1 and the HB zoning districts to the Yakima City Council of this rez B-2 zoning district one DESCRIPTION OF T he aPPlicant requests change The Residential to Neighborhood Co in the Future Land Use Local B mmercial desi Map from Low Density B-2, usiness, if the gnation. Future zoning would be B -2, amendment were approved. The subject properties are currently zoned for R -1, Single - Family Residential and land uses include a HB, Historical Business land uses. mini- market, laundromat, and single - family residence. Cuun ent The purpose of this request is to allow for the However, the Historical Business zoning designation does ot allow for an expansi sion of uses. I Adding a 10 -space off- street parkin 1 residence d is located following g of on the wing the relocation of said residences would where an the market. The market current has several on -street parkin single-family needed because the market and launds'omat g spaces. The off street parking market. demographics and toe ' have flourished due to a chan a i lot is eliminate some of the on -street pang spaces that are g area public right-of-way. I e located in the FLINGS The location of the requested rezone is on th e northwest co where it intersects with E. corner of South 6 Street Adams Street. 0 This is a project - specific rezone request. The market faces east and fronts on South Parking spaces. 6 Street, and has several on -street The Laundromat faces south and fro on street par nts on East Adams Street, and also has several 2007 Regional Planning P kmg spaces. C omprehensive Plan Amendment 13 Recomm i 1NDFx nflations I DOC. o The purpose of this request is to allow for the expansion of the mini - market to accommodate the provision of an off - street parking lot to serve existing commercial activities. • The current HB, Historical Business zoning designation does not allow for an expansion of uses. o There are no attributes of the property per se that render it unsuitable for the permitted uses in the B -2 zoning district with appropriate sitescreening between residential and commercial uses. o All public utilities are available to the property. • The Comprehensive Plan Low Density Residential designation would not support the requested rezone of the property to B -2, Local Business. o No written comments or testimony were submitted in opposition to the requested rezone. ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts. On September 7, 2007 a preliminary Determination of Nonsignificance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal period lapsed on October 19, 2007. No appeals were filed within the 15 -day appeal period. REGIONAL PLANNING COMMISSION CONCLUSIONS o The amendment is minor in nature. • No adverse impacts have been identified by this amendment request. o This proposal permits the expansion of the existing commercial block located to the east of the subject property, and also permits the expansion of this commercial block to continue westward until it ties into the existing B -1, Professional Business zoning district. 2007 Regional Planning Commission 14 Comprehensive Plan Amendment C • INDEX • ° The change in zoning for both the southern portion and northern portion of the s ubject property would be consistent with the proposed Comprehensive Plan Future Land Use Map designation. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Low Density Residential to Neighborhood Commercial. The motion carried unanimously. e /1 //. 44/P--e-- ohn Hodkinson, Acting Chair Date Regional Planning Commission The Regional Planning Commission • • • • 2007 Regional Planning Commission 15 Comprehensive Plan Amendment D 0 C . Recommendations INDEX # AA-1 SUMMARY OF RECOMMENDATION FOR CPA # 6-07 APPLICANT: James L D Thomas LOCATION: 5609 Tieton Drive PARCEL NO: APN #181321 -34003 • SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval by the Yakima City Council of this rezone from the R -2 to the B -2 zoning district. DESCRIPTION OF REQUEST: This is an application to rezone the northern portion of a 0.66 -acre parcel so that it is no. longer split - zoned. The parcel is used for an existing sign business and parking. Part of the property is vacant. The southern portion of the parcel, about one -fifth of the parcel, already has a Comprehensive Plan Neighborhood Commercial designation and a Local Business (B -2) zoning classification. This application seeks that same result for the remainder of the parcel to the north. The property is about 150 feet north of Tieton Drive and about 200 feet east of South 58 Avenue. Properties to the south and southeast were changed to a Neighborhood Commercial Comprehensive Plan designation and a Local Business (B -2) zoning classification in 2003 to accommodate an antique business to the south and several small businesses in one structure to the southeast. FINDINGS ° The location of the requested rezone is 5609 Tieton Drive, Yakima, Washington. The parcel number is 181321 - 34003. ° The southern portion of the parcel already has a Comprehensive Plan Neighborhood Commercial designation and a Local Business (B -2) zoning classification. Properties to the south and southeast were changed to a Neighborhood Commercial Comprehensive Plan designation and a Local Business (B -2) zoning classification in 2003 to accommodate an antique business to the south and several small businesses in one structure to the southeast. 2007 Regional Planning Commission Comprehensive Plan Amendment 16 DO C . Recommendations INDEX # AA-I • The Comprehensive Plan Neighborhood Commercial designation for the northern portion of the subject property would provide a unified Comprehensive Plan designation for the entire property. o The Comprehensive Plan Neighborhood Commercial designation would support th a requested rezone of the property to the B -2, Local Business zoning district. o The property is well suited for the range of uses permitted within the B -2 zoning district. o The subject parcel is currently served by all necessary public services. The proposed rezone of the subject parcel would be compatible with the Local Business (B -2) antique store use to the south and the small business uses in the relatively new building to the southeast. o The expeditious development of the nearby property zoned for Local Business (B- 2) uses in 2003 attests to the public need for additional property of that nature in this area. ENVIRONMENTAL ANALYSIS (SEPA) The En Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts. A preliminary Determination of Non - significance (DNS) was issued by the City of Yakima on August 22, 2007. A final Determination of Nonsignificance was issued on September 21, 2007. No appeal was filed during the SEPA appeal period which expired on October 8, 2007. REGIONAL PLANNING COMMISSION CONCLUSIONS o The requested amendment is minor in nature. o No adverse impacts have been identified by this amendment request. o Neighborhood Commercial uses would be more compatible with existing commercial uses than for residential. 2007 Regional Planning Commission 17 1. Comprehensive Plan Amendment D O C . Recommendations INDEX MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Medium Density Residential to Neighborhood Commercial. The motion carried unanimously. s /, � � l � i..'.i�.v / O ohn Hodkinson, Acting Chair - Date Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Commission 18 Comprehensive Plan Amendment Recommendations D O C INDEX SUMMARY OF RECOMMENDATION FOR CPA # 7 -07 APPLICANT: Summit Crest Construction LOCATION: 4600 Summitview Avenue PARCEL NO: APN #181322 -32023 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval by the Yakima City Council of this rezone from th e R -1 to the B -2 zoning district. DESCRIPTION OF REQUEST This is an application to rezone a 1.26 -acre parcel on the southeast corner of Summitview Avenue and North 48 Avenue from the Single- Family Residential (R -1) to the Local Business (B -2) zoning district in conjunction with a Comprehensive Plan designation amendment from Low Density Residential to Neighborhood Commercial. The location of the requested rezone is 4600 Summitview Avenue, Yakima, Washington. The parcel number is 181322 - 32023. The property located west of the subject parcel is zoned Local Business (B -2) and contains a mini - market, a carwash, a minute lube shop and a mini- storage facility. The parcel is higher in elevation than condominiums to the south and east. The view- obscuring fence on the south side of the parcel is about the height of the eaves at the bottom of the roofs of the adjoining condominium structures. There is a single - family residence on the parcel, but most of the parcel is vacant and undeveloped. FINDINGS The location of the requested rezone is 4600 Summitview Avenue, Yakima, Washington. The parcel number is 181322 - 32023. The parcel is currently zoned Single - Family Residential consistent with its Low Density Residential Comprehensive Plan designation. ° The requested rezone cannot be approved without that change in the Comprehensive Plan designation because the existing Low Density Residential Comprehensive Plan designation does not support the Local Business (B -2) zoning classification. 2007 Regional Planning Commission 19 Comprehensive Plan Amendment DO C . Recommendations INDEX # AA —' • The proposed rezone of the property and uses allowed by the proposed zoning would be compatible with existing commercial uses to the west. The written comments in opposition to the requested rezone submitted for consideration consisted of three letters that addressed the concerns of retaining the residential character and harmonious uses of the neighborhood; issues of lighting, noise, security and garbage that could negatively affect the residents' quality of life and property values, and increased traffic exiting Summitview Avenue at North 48 Avenue. o The property is well suited for the range of uses permitted within the B -2 zoning district. o Any access from Summitview Avenue may require extension of the existing left turn lane. North 48 Avenue will likely require right -of -way dedication and frontage improvements. Access to the proposed commercial area should be limited. • The purpose of the Local Business (B -2) zoning district is to provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community and accommodate small retail sales and service establishments. Such uses already exist on parcels to the west and southwest. Most of the Class (1) uses permitted in the B -2 zoning district by Table 4 -1 are typically small retail sales or service establishments. Other uses in that zoning district typically require Class (2) or Class (3) review in order to be authorized in that zoning district. • The subject parcel is currently served by all necessary public facilities. The proposed rezone of the subject parcel would be compatible with the Local Business (B -2) small business uses to the west and southwest. o The nearby property to the west that is zoned to allow Local Business (B -2) uses is already developed and occupied so that there is no other property available for those types of uses in the immediate vicinity. ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts. 2007 Regional Planning Commission 20 Comprehensive Plan Amendment D O G INDEX AA A A preliminary Determination of Non - significance (DNS) was issued by the City of Yakima on August 22, 2007. A fmal Determination of Nonsignificance was issued on September 21, 2007. No appeal was filed during the SEPA appeal period which expired on October 8, 2007. REGIONAL PLANNING COMMISSION CONCLUSIONS ° The requested amendment is minor in nature. ° No adverse impacts have been identified by this amendment request. ° . The proposed rezone of the subject parcel would be compatible with the Local Business (B -2) small business uses to the west and southwest. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Low Density Residential to Neighborhood Commercial. The motion carried unanimously. Ai► ohn Hdldnson, Acting Chair Date Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Commission 21 Comprehensive Plan Amendment D O C . Recommendations INDEX # AA -) SUMMARY OF RECOMMENDATION FOR CPA # 8-07 APPLICANT: Des Mathis LOCATION: 2013, 2015 Willow Street and 2018 Fruitvale Boulevard PARCEL NO: APN #181314- 42411, 181314 - 42413, 181314 -42440 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval of this rezone application subject to conditions set forth below. In particular, this approval recommendation is conditioned upon the amendment of the comprehensive plan future land use designation to Arterial Commercial for the portion of the property currently designated as Medium Density Residential. Other conditions pertain to assuring the authority of the applicant to apply on behalf of the landowner of record, and the protection of neighborhood characteristics by limiting non - residential access to Willow Street. DESCRIPTION OF REQUEST: The applicant requests a change in the Future Land Use Map of the subject properties from what is currently a combination of Medium Density Residential and Arterial Commercial to all Arterial Commercial designation. Future zoning would be CBDS, Central Business District Support, if the amendment were approved. The subject properties are currently zoned for R -2, Two - Family Residential and Central Business District Support land uses. Current land uses include a mini- storage facility, and two single- family residences. The three subject parcels are contiguous along their side and back property lines. The Comprehensive Plan designates 2018 Fruitvale Boulevard as Arterial Commercial. The Willow Street parcels are designated as Medium Density Residential. The current zoning of the south half of 2018 Fruitvale Boulevard and the Willow Street lots is R -2. The current zoning of the north half of 2018 Fruitvale Boulevard is CBDS. The Fruitvale property has been developed into a mini- storage facility. The other parcels each contain one 1920 - vintage single- family residence. The properties are bounded on the north by Fruitvale Boulevard, an arterial street, and on the south by Willow Street a local access street that is not designed for day -to -day customer access, and is used for emergency access. All public utilities are available to the property. 2007 Regional Planning Commission 22 Comprehensive Plan Amendment D O C Recommendations INDEX AAA- -1 FINDINGS • The proposed rezoning of R -2 property to CBDS is not consistent with the current future land use designation of the subject parcels that are currently in residential use. Therefore, approval of the rezoning proposal for those properties should be conditioned upon approval of requested change in future land use designation. • The proposed rezone of the parcel currently designated as Arterial Commercial to CBDS reflects an appropriate implementation of the Comprehensive Plan, and should be approved irrespective of the request for a change in the future land use designation for the R -2 zoned properties. • The proposed rezone would not provide for the establishment of uses on the property that are incompatible with existing neighboring land uses. ° The existing infrastructure in the vicinity is adequate and appropriate to support uses allowed as a result of the proposed rezone. No permanent access other than e mergency access and residential use access is necessary off of Willow Street. o This is a non - project rezone request. o The subject property is suitable for the uses permitted in the CBDS zone. • The proposed rezone meets public need for zoning that effectively implements the Arterial Commercial future land use designation recognized as an important land use objective in the Comprehensive Plan. • This property is able to fulfill a public need for commercial services at a readily accessible and convenient location. o As conditioned, the proposed rezones meet the Consistency Review requirements as set forth in Chapter 16.06, Yakima Municipal Code. ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts. 2007 Regional Planning Commission 23 Comprehensive Plan Amendment D O C. Recommendations INDEX On September 7, 2007 a preliminary Determination of Nonsignificance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal period lapsed on October 19, 2007. No appeals were filed within the 15 -day appeal period. REGIONAL PLANNING COMMISSION CONCLUSIONS: o The amendment is minor in nature. o No adverse impacts have been identified by this amendment request. o This proposal permits the expansion of the existing commercial land uses on the north onto the two adjacent properties currently zoned for residential uses. o The change in zoning, as proposed for the adjacent properties currently zoned for residential land uses would be consistent with the proposed Comprehensive Plan Future Land Use Map designation. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Medium Density Residential to Arterial Commercial on the currently residential zoned properties. The motion carried unanimously. 4/4/g_e_ John odkinson, Acting Chair Date Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Commission 24 Comprehensive Plan Amendment DOC. Recommendations INDEX SUMMARY OF RECOMMENDATION FOR CPA # 9 -07 iI APPLICANT: Bill Chichenoff et at LOCATION: 1007, 1009, 1101, 1103, 1105 W. Washington Avenue PARCEL NO: APN #181336 - 24017, 24031, 24032, 24033, and 24034 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval of this rezone application subject to conditions set forth below. In particular, this approval recommendation is conditioned upon the amendment of the underlying comprehensive plan future land use designation to Neighborhood Commercial. DESCRIPTION OF REQUEST The applicant requests a change in the Future Land Use Map for all of the subject propert from Medium Density Residential to Neighborhood Commercial. Future zoning would be B -2, Local Business, if the amendment were approved. The five subject parcels are contiguous along their side property ewes and front nueo T Washington Avenue between South 10 Avenue and Comprehensive Plan designates the properties as Medium Density Residential. The . current zoning for all parcels is R-2, Two - Family Residential, and there are currently single - family residences on each parcel. All necessary public utilities are available to the properties. The land uses associated with the proposed zoning change are compatible with existing neighborhood uses. The subject property abuts Local Business (B -2) zoning to the east size (1.73 acres) the and southeast. Since the total sum of the property is of the site Greening standards for proposed uses can be mitigated through implementation the separation of commercial and residential uses. Access directly to W. Washington Avenue will not be disruptive to surrounding and neighboring W Was because any d irect impact will be focused away from residential uses an 2007 Regional Planning Commission 25 DOC. Comprehensive Plan Amendment Recommendations INDEX FINDINGS • The subject properties are currently zoned for single - family residential use. o The future land use designation of the properties does not support the rezoning of the properties to B -2, Local Business which is intended to accommodate small scale commercial uses requiring high visibility and easy access to major arterials. o The proposed change in future land use designation as proposed readily accommodates the intent of the B -2 zoning district. o There are no attributes per se that render the proposed rezone unsuitable for the permitted uses allowed in the B -2, zoning district. o This is a non - project rezone request. o There is no evidence of a compelling public need to retain the existing R -2 zoning designation. o The proposed rezone of the subject parcels is only consistent with the Comprehensive Plan if the proposed Comprehensive Plan amendment the rezone is associated with is approved. o The existing infrastructure in the vicinity is adequate and appropriate to support uses allowed as a result of the proposed rezone. o The subject property is suitable for the uses permitted in the B -2 zoning district. o If commercial use is granted for the subject properties, access to W. Washington Avenue should be combined and limited to two driveways. o The proposed rezone meets public need for zoning that effectively implements the Neighborhood Commercial future land use designation. o As conditioned, the proposed rezones meet the Consistency Review requirements as set forth in Chapter 16.06, Yakima Municipal Code. o No written comments were received regarding this proposal. 2007 Regional Planning Commission 26 Comprehensive Plan Amendment Recommendations DO C . INDEX ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts. On September 7, 2007 a preliminary Determination of Nonsignificance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal period lapsed on October 19, 2007. No appeals were filed within the 15 -day appeal period. REGIONAL PLANNING COMMISSION CONCLUSIONS: o The amendment is minor in nature. o No adverse impacts have been identified by this amendment request. o The proposed rezoning of R -2 property to B -2 is not consistent with the current future land use designation of the subject parcels. Therefore, approval of the rezoning proposal for those properties should be conditioned upon approval of the accompanying request for a change in future land use designation. o The change in zoning, as proposed for the subject properties, as proposed, would be consistent with the proposed Comprehensive Plan Future Land Use Map designation. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Medium Density Residential to Neighborhood Commercial. The motion carried unanimously. V'ohn Hodkinson, Acting Chair Date Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Commission 27 Comprehensive Plan Amendment Recommendations DOC, INDEx SUMMARY OF RECOMMENDATION FOR CPA # 10-07 APPLICANT: Yakima Temple Building/Michael Kim LOCATION: 2412 & 2506 W. Mead Avenue PARCEL NO: APN #181335 -21456 and 181335 - 21457 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends that the Yakima City Council deny this requested rezone from the R -1 to the R -3 zoning district. DESCRIPTION OF REQUEST This is an application to rezone two lots along the south side of West Mead Avenue immediately west of South 24 Avenue from Single - Family Residential (R -1) to Multi- Family Residential (R -3). The application was submitted in conjunction with an application for a Comprehensive Plan amendment from the Low Density Residential to the High Density Residential designation. The parcels are currently vacant. A Jehovah's Witnesses Church was approved and constructed recently on Lot 3 of the short plat immediately to the west. A fraternal organization lodge /community center was approved for the Yakima Temple Building Association's site on Lot 1 of the short plat by a Class (3) decision of the Hearing Examiner on June 9, 2006. The facility has not been constructed. This rezone application for Multi- Family Residential (R -3) zoning on Lot 1 which is owned by the Yakima Temple Building Association is a non - project rezone request. By definition, that would not limit Lot 1 to any specific type of R -3 use. The rezone application for Multi- Family Residential (R -3) zoning on Lot 2 is by contrast a project rezone request to allow a three -story luxury senior apartment complex. It would have 43 units. They would be 672 - square -foot one - bedroom units with one two - bedroom unit on each floor. The facility would be rented to active seniors. It would not be an assisted living facility. The complex would look like a luxury hotel. It would have 65 parking spaces unless the City reduced that number to less. FINDINGS ° The location of the requested rezone for the Yakima Temple Building Association property -- Lot 1 of the Short Plat recorded under Auditor's File No. 7516235, Assessor's parcel no. 181335 -21456 -- is on the southwest corner lot at the intersection of West Mead Avenue with South 24 Avenue, Yakima, Washington. 2007 Regional Planning Commission 28 Comprehensive Plan Amendment Recommendations DO C . INDEX o The location of the requested rezone for the Michael Kim property -- Lot 2 of the Short Plat recorded under Auditor's File No. 7516235, Assessor's parcel no. 181335 -21457 -- is 2412 West Mead Avenue abutting the west boundary of the Yakima Temple Building Association property. • Lots 1 and 2 are currently zoned Single- Family Residential consistent with their Low Density Residential Comprehensive Plan designation. The lots are both vacant and undeveloped. o The requested rezone cannot be approved without that change in the Comprehensive Plan designation because the existing Low Density Residential C omprehensive Plan designation does not support the Multi- Family Residential (R -3) zoning classification. o Most of the testimony received at the public hearing which is the first criterion to be considered in making this recommendation was adamantly opposed to the requested rezone. o The written public comments from residents of the neighborhood were entirely in opposition to the requested rezone. o This is a project - specific rezone request. o The weight of the evidence presented at the hearing established the fact that Lots 1 a nd 2 of the short plat involved in this application are not well suited for the specific three -story multi- family structure described by Mr. Kim or for the range of other uses permitted within the R -3 zoning district. o Mr. Kim's proposed multi- family senior apartment complex would be in compliance with the intent of the R -3 zoning district insofar as it would be a high - d ensity residential use, but it would not be in compliance with the intent of other zoning ordinance provisions relative to the criteria and requirements for a rezone. • Necessary public facilities would be available for the proposal project. The e vidence does, however, present issues as to the adequacy of the access for this type of R -3 use. o The applicant stated public need for the proposed change is not established by any study or concrete information in the record. 2007 Regional Planning Commission 29 Comprehensive Plan Amendment D O C Recommendations 1 N D EX # ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts. A preliminary Determination of Non - significance (DNS) was issued by the City of Yakima on August 22, 2007. A final Determination of Nonsignificance was issued on September 21, 2007. No appeal was filed during the SEPA appeal period which expired on October 8, 2007. REGIONAL PLANNING COMMISSION CONCLUSIONS • The application fails to meet the first criterion for a change in land use at this location. o The high- density residential project is not compatible with the existing low - density residential neighborhood. • Access to the subject property is not adequate to support high- density residential (R-3) land uses. o Residents of adjacent properties have expressed unified opposition to the requested rezone and proposed multi- family residential development at the specified location. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend DENIAL of the amendment request seeking to change the Future Land Use designation for this property from Low Density Residential to High Density Residential. The motion carried unanimously. / Ate / ohn Hodkinson, Acting Chair ate Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Commission 30 Comprehensive Plan Amendment Recommendations D O C . INDEX Joint Board of Yakima City Council & Yakima County Commissioners 2007 Comprehensive Plan Amendments EXHIBIT LIST CHAPTER A Walter & Virginia Mick CPA #1 -07, Rezone#3 -07, EC #11 -07 SE Corner of 64 Ave and Washington Ave w .;EXHIRIT ^. - ���.uai. - �- `�;� y;�DQC`UIVIENT ='�:;���:'"" P..�.- ..�_ - `_�-. � ', ° aa, ..t;ag ' °DATE ` r��. ��:a'; 1,'�;,a`._,r�•'��,<;c',.f'a` ��-�`; ' s: ,.. '3;K 'Q �., .. ;. � ;..�, ¢ . ' k> <<Y. ^. �£ : a4 ; ,; ., .e �'. x '�' .:.(:r,: >.. . t :3 (64 ,. s- � c r ,r -_.. .a s,. .»._ �., a; . %x. °; "�� <�.- ' "�'i'�- Aar °��'," !`:f: : J �'. "'�. _ ;'t A -1 Land Use Application for CPA, Rezone, and SEPA 4/30/07 A -2 Maps 4/24/07 A -3 Comment Letter from Buck Taylor, Yakima Airport 8/27/07 A -4 Comment Letter from Gwen Clear, Department of Ecology 9/11/07 A -5 Land Use Action Installation Certificate 8/24/07 A -6 Notice of Application, Environmental Review, and Public 8/22/07 Hearing with Preliminary DNS (Press Release, Legal Notice, Parties Notified, and Affidavit of Mailing) A -7 Notice of Amended Application, Environmental Review, and 9/07/07 Public Hearing with Revised DNS ( Parties Notified and Affidavit of Mailing) A -8 Notice of Final DNS 10/04/07 (Press Release, Legal Notice, Parties Notified, and Affidavit of Mailing) A -9 Notice of Hearing Examiner Recommendation 11/05/07 (Parties Notified and Affidavit of Mailing) A -10 Notice of RPC Public Hearing 11/16/07 (Parties Notified and Affidavit of Mailing) A -11 Revised Notice of RPC Public Hearing 11/26/07 (Parties Notified and Affidavit of Mailing) A -12 Staff Report 10/11/07 A -13 Hearing Examiner's Recommendation 11/02/07 it A'ECEIVED ':\iov 0 2 2007 OF YAKIMA City of Yakima, Washington PLANNING DIV. Hearing Examiner's Recommendation November 2, . 2007 In the Matter of a Rezone Application ) Submitted by: ) ) UAZO RZ #3 -07 Walter & Virginia Mick ) EC #11 -07 ) To Rezone Parcels at the Southeast ) Corner of South 64 Avenue and ) West Washington Avenue from the ) SR Zone to the SCC Zone and ) Environmental Review ) Introduction. The Hearing Examiner conducted a public hearing on October 11, 2007. The staff report presented by Associate Planner Vaughn McBride recommended approval of this application fora rezone. The original application was to rezone the applicant's three parcels from the .Suburban Residential (SR) to the Central Business District Support (CBDS) zoning district. Mr. McBride recommended a rezone to accommodate less intensive 'commercial uses that would be allowed in either the Small Convenience Center (SCC) or the Local Business District (B -2) zoning district. The applicants' representative, Rodney Mick, testified that the family has a business that they might want to move to the subject property at sometime in the future, but that they really have no specific plans for developing the property. Mr. Mick indicated that he had not reviewed Table 4 -1 of the zoning ordinance to see Walter & Virginia Mick 1 Rezone from SR to SCC DOC S. 64` & Washington Ave. INDEX RZ #3 -07; EC #11 -07 # A-13 what uses were allowed under what types of review in the various zones and would like to have the opportunity to study Table 4 -1 of the zoning ordinance and discuss the matter with Mr. McBride before stating his preference as to the zone to be requested. He was provided a copy of Table 4 -1 and the matter was continued to October 19, 2007 for further testimony on that point. On October 19, 2007, after Mr. Mick had reviewed Table 4 -1 and had met with Mr. McBride, both he and Mr. McBride agreed that the appropriate zoning for the property would be Small Convenience Center (SCC). They agreed that the Central Business District Support (CBDS) zoning district would be too broad and would allow too many potentially intensive uses without review. They also agreed that the Local Business District (B -2) zoning district would be too restrictive for the area in question. The Small Convenience Center (SCC) zone change can only be approved if the related application for a Comprehensive Plan designation amendment of the three parcels from the Low Density Residential to the Arterial Commercial designation is approved because the Low Density Residential designation will not support the Small Convenience Center (SCC) zoning classification. The Regional Planning Commission will make a recommendation to the City Council relative to approval of the requested Comprehensive Plan amendment recommended for approval by Mr. McBride. The Hearing Examiner makes this recommendation to the City Council relative to approval of the rezone requested and recommended for approval by Mr. McBride and the applicant at the continued hearing on October 19, 2007. No written comments or testimony were submitted in opposition to the request for a Comprehensive Plan amendment or the request for a rezone. Walter & Virginia Mick 2 Rezone from SR to SCC S. 64th & Washington Ave. DOC. RZ #3 -07; EC #11-07 INDEX I A - I II This recommendation has been issued within ten business days after the hearing and the record were closed. Summary of Recommendation. The Hearing Examiner recommends approval by the Yakima City Council of this rezone from the SR zoning district to the SCC zoning ditrict. Basis for Recommendation. Based upon a view of the site without anyone else P Y present on October 9, 2007; the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing that was commenced on October 11, 2007 and concluded on October 19, 2007; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Examiner makes the following: FINDINGS I. Applicants/Property Owners. The applicants /property owners are Walter L. and Virguiia M. Mick, 1707 South 74 Avenue, Yakima, Washington. II. Location. The location of the requested rezone is at the southeast corner of the intersection of South 64 Avenue with West Washington Avenue, Yakima, Washington. The parcel numbers are 181333- 32403, 32404 and 32405. III. Application. This is a request for a nonproject rezone of three parcels totaling about 7.37 acres in size from the SR to the SCC zoning district. The Walter & Virginia Mick 3 Rezone from SR to SCC DCC, S. 6 t & Washington Ave. INDEX RZ #3 -07; EC #11 -07 # A -�3 property is on the southeast corner of South 64 Avenue and West Washington Avenue. It is located between the Congdon development to the north and the State of Washington Department of Correction's Ahtanum View Correctional Complex for the infirm to the south. The property is currently being used as a commercial pear orchard and there are no immediate plans to develop the property in any particular manner. This rezone request is accompanied by a request for amendment of the Comprehensive Plan designation from the Low Density Residential designation to the Arterial Commercial designation which would support the rezone request to the Small Convenience Center (SCC) zoning district. IV. Notices. Notices were provided in the following manner: Posting of notice on property: August 24, 2007 Mailing of hearing notice: September 7, 2007 Publishing of said notice in Yakima Herald - Republic: September 7, 2007 Mailing of notice of SEPA Determination (DNS): October 4, 2007 Publishing of said notice in Yakima Herald - Republic: October 4, 2007 V. State Environmental Policy Act. A preliminary Determination of Non- significance (DNS) was issued by the City of Yakima on September 7, 2007. A final Determination of Nonsignificance was issued on October 4, 2007. No appeal was filed during the SEPA appeal period which expired on October 18, 2007. VI. Current Zoning and Land Uses. The three parcels are zoned Suburban Residential (SR) and are used for a commercial fruit orchard. Adjacent parcels have the following characteristics: Walter & Virginia Mick 4 Rezone from SR to SCC DOC, S. 64 & Washington Ave. INDEX RZ #3 -07; EC #11 -07 # A- )3 Location Zoning Comprehensive Plan Land Use North M -1 Industrial Alfalfa field South R -1 Low Density Residential Correctional facility East R -1 Low Density Residential Orchard West R -1 Low Density Residential Orchard VII. Rezone Review Criteria. Recommendations regarding rezone applications within the Yakima Urban Area must be based upon the following criteria specified in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance (UAZO): 1) The testimony at the public hearing: Associate Planner Vaughn McBride and applicant's representative Rodney Mick testified in favor of a rezone of the property from SR to SCC. There was no testimony offered at the hearing in opposition to the requested rezone. The testimony at the hearing all supported a positive recommendation regarding this rezone, and no written comments were submitted y in opposition to the requested rezone. 2) II I The suitability of the property for uses permitted under the pro zoning: The property is well suited for the uses permitted in the Small Convenience Center (SCC) zoning district. The property is not suitable for the residential uses permitted under its present zoning because it is adjacent to a major transportation route and a State Correctional Facility. The property is suitable for commercial development allowed by the Small Commercial Center zone which meets retail and service needs of the community by accommodating small commercial centers. According to Subsection 15.03.030(8) of the zoning ordinance, Small Convenience Center uses are usually three to ten acres in size where most of the commercial uses have located in a coordinated manner around a common parking lot. They are intended to serve the day -to -day convenience shopping and service needs of the surrounding neighborhood and should be Walter & Virginia Mick 5 Rezone from SR to SCC DOC, S. 64`h & Washington Ave. INDEX RZ #3 -07; EC #11 -07 # A - 13 designed to minimize the undesirable impacts of the center on the neighborhood they serve. Uses in this district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being a supermarket and drugstore. The size and location of the subject property makes it more suitable for these SCC uses in the foreseeable future than for the uses permitted either outright or subject to review in any other zoning district. 3) Recommendations from interested agencies and departments: The following recommendations or comments were submitted by agencies or departments: a) Agencies: Recommendations or comments submitted by agencies during the comment period were as follows: (i) _ Washington State Department of Community, Trade and Economic Development: Receipt of documents relating to this proposed rezone is acknowledged and notice thereof has been forwarded to other State agencies. (ii) Washington State Department of Ecology: The water purveyor is responsible for ensuring that any proposed uses are within the limitations of its water rights. An NPDES Construction Stormwater Permit may be required for any development exceeding one acre in size. A permit and stormwater plan would be required prior to beginning groundbreaking activities. (iii) Yakima Air Terminal: The airport staff and Board find no conflict with the airport in changing the zoning and support the request. b) Development Services Team: Recommendations or comments from Departments that were expressed at the Development Services Team meeting regarding the requested rezone were as follows: (i) City of Yakima Traffic Engineering: West. Washington Avenue is a five -lane Prinicipal Arterial Street that carries approximately 5,590 Average Daily Vehicle Trips and has a Street Segment Capacity Level of Service "A." South 64 Avenue is a two -lane Collector Arterial that carries approximately 3,375 Average Daily Trips and has a Street Segment Level Walter & Virginia Mick 6 Rezone from SR to SCC S. 64th & Washington Ave. DOG. RZ #3 -07; EC #11 -07 INDEX # — 3 • of Service "A." The intersection is currently controlled with 4- way -stop signs. Access to the subject parcels from either street should be outside of the functional area of the intersection (the turn lanes). Additionally, internal driveway and parking easements should be required in order to maximize traffic flow between the parcels. 4) 1 The extent to which the proposed rezone is in compliance with and /or de from the goals and policies as adopted in the Yakima Urban Ara Comprehensive Plan and the intent of the Zoning Ordinance: a) The Comprehensive Plan: The applicants have requested a change to', the Future Land Use Map for the three parcels from Low Density Residential to Arterial Commercial to accommodate the requested rezone of the thr ee parcels from the Suburban Residential (SR) zone to the Small Convenience Center (SCC) zone. The requested rezone cannot be approved without that change in the Comprehensive Plan designation because the existing Low Density Residential Comprehensive Plan designation does not support the Small Co Ivenience Center (SCC) zoning classification. If the Comprehensive Plan designation of the parcels is changed to Arterial Commercial, that designation would support the requested rezone of the three parcels to the Small Convenience li Center (SCC) zoning district. b) The Zoning Ordinance: As already noted, Subsection 15.03.030(8) of the Urban Area Zoning Ordinance states that the purpose of the SCC zoning district is to provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community by serving the day -to -day convenience shopping and service needs of the surrounding neighborhood through retail or personal service establishments dealing directly with the consumer. Also as previously noted above, these types of uses on this property would comply with the intent of the zoning ordinance. Walter & Virginia Mick 7 Rezone from SR to SCC S. 64 & Washington Ave. DOC. RZ #3 -07; EC #11 -07 INDEX g A- l 3 5) The adequacy of public facilities such as roads, sewer, water and other required public services: This property is currently served by all necessary public facilities such as public streets and utilities. West Washington Avenue has recently been widened to five lanes. Although this property is located within the service area of the Nob Hill Water Association, the City of Yakima would be providing the water service for future development on the property. City fire and police protection is available due to the recent annexation of the property into the City. City transit service is available about 75 yards north of the property. 6) The compatibility of the proposed zone change and associated uses with neighboring land uses: The proposed rezone of the subject three parcels would be compatible with the neighboring land uses while the current Suburban Residential zone is not. There is a State Correctional Facility for the infirm south of the property and a County work release facility south of that. To the north is the Congdon development which is zoned industrial in that location. The proposed Wal -Mart Supercenter is about one mile north of the property. Campbell & Gwirm storage units are located on the northwest corner of South 64 Avenue and West Washington Avenue. Parson's Electric is located two blocks west on West Washington Avenue. Five blocks east on West Washington Avenue are Airport West Animal Clinic and Cascade Garden Nursery. Housing projects are being developed to the west and east of this property. Small Convenience Center commercial uses would be more compatible than residential uses with the State Correctional Facility to the south and the major transportation route and industrial - zoned property to the north. 7) The public need for the proposed change: The evidence presented was undisputed to the effect that the public would benefit from Small Convenience Center retail and/or personal service establishments to serve the variety of new Walter & Virginia Mick 8 Rezone from SR to SCC S. 64 & Washington Ave. DOC. RZ #3 -07; EC #11 -07 INDEX residential; commercial and industrial developments underway or planned in the surrounding neighborhood. VIII. Consistency of the Rezone with Development Regulations and with i the Comprehensive Plan under the Criteria Required by YMC 16.06.020(B) is determined by consideration of the following factors: 1) The types of land uses permitted at the site by the City's Small Convenience Center . (SCC) zoning district are not consistent with the Comprehensive Plan's current Low Density Residential designation for the three parels. The SCC zoning district would be consistent with the requested Comprehensive Plan designation amendment to Arterial Commercial if that is ■ ultimately, approved. 2) The density of residential development or the level of development such as units per acre or other measures of density are not a factor weighing against this rezone request. Any future development of the rezoned property would have to comply with applicable SCC zoning ordinance provisions relating to the density of development. 3) The availability and. adequacy of infrastructure and public facilities are present and support the applicant's request for approval of the rezone. 4) 1The characteristics of the development would be subject to applicable development standards for the SCC zoning district. ii CONCLUSIONS 1. I i !The Hearing Examiner has jurisdiction under Subsections 15.23.030(C) and (E) c f the UAZO to make a recommendation to the Yakima City Council regarding,' this rezone application. 2. The public notice requirements of Chapters 15 and 16 of the Yakima Municipal Code have been satisfied. II 3. SEPA review resulted in issuance of a Determination of Nonsignifi- cance on October 4, 2007 without an appeal being filed by October 18, 2007. Walter & Virginia Mick 9 Rezone from SR to SCC S. 64 th & Washington Ave. DOC. RZ 1 43 -07; EC #11 -07 INDEX 4. If the applicant's requested Comprehensive Plan amendment from Low Density Residential to Arterial Commercial is ultimately granted, the requested rezone would satisfy the seven rezone criteria in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance and the four consistency criteria in Subsection 16.06.020(B) of the Yakima Municipal Code which are the applicable criteria to determine whether the requested rezone to the Small Convenience Center (SCC) zoning district should be approved. If the requested Comprehensive Plan amendment is not granted, the requested rezone would not satisfy those criteria because the Small Convenience Center (SCC) zoning classification is not supported by the current Low Density Residential Comprehensive Plan designation for the subject three parcels. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that this application for a rezone of the subject three parcels from the Suburban Residential (SR) zoning district to the Small Convenience Center (SCC) zoning district as described in the documentation submitted for UAZO RZ #3 -07 and EC #11 -07 be APPROVED if, and only if, the accompanying Comprehensive Plan amendment requested for the property from Low Density Residential to Arterial Commercial is granted. DATED this 2 day of November, 2007. Gary M. Cuillier, Hearing Examiner Walter & Virginia Mick 10 Rezone from SR to SCC DDC, S. 64th & Washington Ave. INDEX RZ #3 -07; EC #11 -07 CITY OF YAKIMA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT COMPREHENSIVE PLAN AMENDMENTS Amendment Request Submitted by: ) Staff Report ) CPA #1 -07, Rezone ) #3 -07 & EC #11 -07 Walter &'ftVirginia Mick ) Staff Contact ) Vaughn McBride for and amendment to the Future Land Use Map ) Associate Planner of the Yakima Urban Area Comprehensive Plan ) 576 -6315 SUMMARY OF RECOMMENDATIONS The Staff recommends to the Regional Planning Commission that this request be approved. Because of the small land area involved this proposal will have no negative impacts on the integrity of the comprehensive plan. SUMMARY OF REQUEST APPLICANT: Walter & Virginia Mick LOCATION: SE corner of 64 Avenue & Washington Avenue PARCEL' NO: APN #181333 - 32403, 32404 and 23405 The applicant requests a change in the Future Land Use Map from Low Density Residential to Arterial Commercial. Future zoning would be CBDS, Central Business • District Support if the amendment is approved. CURRENT ZONING AND LAND USE The project site is currently zoned SR. The Future Land Use Map designates this property as Low Density Residential. The property is currently being used as a commercial orchard. • Adjacent properties have the following characteristics: Location Zoning Comprehensive Plan Land Use North M -1 Industrial Alfalfa field South R -1 Low Density Residential Correctional Facility East R -1 Low Density Residential Orchard West R -1 Low Density Residential Orchard DOC. INDEX Walter & Virginia Mick 1 SE Corner of 64` Avenue and Washington Avenue CPA #1 -07, Rezone #3 -07, EC #11 -07 APPLICATION BACKGROUND The applicant submitted a Non - Project Environmental Checklist for the proposed Comprehensive Plan amendment and rezone. There are no apparent potential adverse environmental impacts related to this proposal. It is anticipated that a Preliminary Determination of Non - Significance (DNS) will be issued for this proposal. Subsequent project specific development proposals will be subject to additional environmental review in accordance with the provisions of the Yakima Municipal Code and Washington State Environmental Policy Act. Given the proximity of the site to a State Correctional Facility and a major east -west route, it would appear that a change in the Future Land Use Map designation from Low Density Residential to Arterial Commercial would be appropriate. A Neighborhood Commercial or Professional Office designation could also be appropriate. Comments City of Yakima Traffic Engineering — Washington Avenue a 5 -lane Principal Arterial Street carries approximately 5,590 Average Daily Vehicle Trips and has a Street Segment Capacity Level of Service "A ". South 64 Avenue is a 2 -lane Collector Arterial that carries approximately 3,375 Average Daily Trips and has a Street Segment Level of Service "A ". The intersection is currently controlled with a 4 -Way STOP. Access to the subject parcels from either street should be outside of the functional area of the intersection (the turn lanes). Additionally, internal driveway and parking easements should be required in order to maximize traffic flow between the parcels. Yakima Air Terminal — finds no conflict to the airport with this application and review. The airport staff and Airport Board support this request. Department of Ecology has the following concerns: 1. Water Resources The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use0, then it is subject to approval from the Department of Ecology pursuant to Section 90.03.380 RCW and 90.44.100 RCW. 2. Water Quality — A NPDES Construction Stormwater Permit may be required for development that exceeds one acre in size. A permit and stormwater plan is required prior to beginning ground- breaking activities. PUBLIC NOTICE Date Accomplished Mailing of hearing notice September 7, 2007 Posting of property September 7, 2007 Legal Ad published September 7, 2007 DOC. INDEX Walter & Virginia Mick 2 # A-12- SE Corner of 64 Avenue and Washington Avenue CPA #1 -07, Rezone #3 -07, EC #11 -07 i ANALYSIS APPROVAL CRITERIA 16.10.040 4(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) Addre §s circumstances that have changed since the last time the relevant Comprehensive Plan or text was considered: Discussion: The State of Washington has acquired the former Ahtanum View Nursing Home facility immediately to the south of the site and is operating it as a Correctional Facility. In addition, Yakima County operates a work release facility in the buildings immediately south of the prison. Also, Washington Avenue has been it widened to 5 lanes and has become a major east -west route. Conclusion: There have been land use changes since the adoption of the Comprehensive Plan. (b) Better implement applicable Comprehensive Plan policies than the current relevant Comprehensive Plan map or text; Discussion: Given the proximity of the site to a State Correctional Facility and a major east -west route, it would appear that a change in the Future Land Use Map designation from Low Density Residential to Arterial Commercial would be appropriate. A Neighborhood Commercial or Professional Office designation could also be appropriate. Conclusion: The proposed amendment is consistent with the following Yakima Urban Area Comprehensive Plan Objectives and Policies: Policy 1 1 — Protect existing neighborhoods from excessive commercial and industrial encroachments through the establishment of definite neighborhood boundaries and implementation of zoning standards which minimize the impact on adjacent properties. Objective G.5 — Recognize the transitional nature of agricultural uses within the urban growth area. Policy C2.1 — Encourage the development of retail businesses within the city limits. Policy C2.2 — Office development should be encouraged to locate within city limits. 00C. • NDEX Wa & Virginia Mick 3 # n 2 SE Corner of 64 Avenue and Washington Avenue CPA #1 -07, Rezone #3 -07, EC #11 -07 Policy C2.3 — Allow and encourage small scale mixed -use retail /residential /professional development within neighborhoods. Policy C3.4 — Neighborhood shopping centers marketing goods and . services primarily to local residents (e.g. grocery stores, pharmacies, dry cleaners and service stations) should be allowed, provided the following criteria are met: I. Location at the intersection of two major streets, at least one of which is an arterial; 2. Adequate buffering between commercial and residential uses. Objective C5 — New commercial development will be landscaped, and existing landscaping maintained, especially for buffers between residential and commercial uses. Policy G4.7 — Encourage development that shortens the distance between residential areas, schools; shopping and employment centers. (c) Correct an obvious mapping error; Discussion: There is no map error. • Conclusion: There is no map error. The proposed amendments address changes in local circumstances. (d) Address an identified deficiency in the Comprehensive Plan Discussion: There is no obvious deficiency in the Plan. The proposed amendments address changes in local circumstances. Conclusion: The proposed amendments address changes in'local circumstances. 16.10.040 (2) : Pursuant to RCW § 36.70A.040, proposed Comprehensive Plan amendments shall be coordinated with, and take into consideration, the comprehensive plans adopted by Yakima County, or cities with which the City of Yakima has, in part, common borders or related regional issues as may be required by RCW § 36.70A.100 Discussion: This is a relatively minor request and does not appear to present any adverse consequences for adjacent jurisdictions or service providers. Because of the small land area involved, there are no regionally significant issues related to the request. 0C. '1DEX Walter & Virginia Mick 4 A-12- SE Corner of 64` Avenue and Washington Avenue _. CPA #1 -07, Rezone #3 -07, EC #11 -07 Conclusion: Because of the small land area involved, there are no regionally signifi'i ant issues related to the request. 16.10.0401(3): 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); ii Discussion: The proposed amendment is compatible with the provisions of the Growth Management Act, the laws of Washington State, and the Yakima County- wide Planning Policies, in particular, the provisions regarding the direction of the growth to areas where urban services exist, compatibility of land uses neighboring essential public facilities, and private property rights. Conclusion: A granting of this request would affirm the current use of the site without negatively affecting the surrounding area. This would be consistent with the CWPP, policies regarding Plan flexibility. 16.10.040) (4): Cumulative impacts of all Comprehensive Plan amendments, inclludinOhose approved since the original adoption of the Comprehensive Plan, shall be considered in the evaluation of any proposed amendments. Discussion: This is a freestanding request and is unrelated to other requests under consideration. Conclusion: Approval of this request will not significantly contribute to the cumulative impacts of other Comprehensive Plan amendments. DISCUSSION OF ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant divulges no direct significant adverse environmental impacts. 1 �I On September 7, 2007 a preliminary Determination of Nonsignificance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal period lapsed on October 18, 2007. CONCLUSIONS The amendment is minor in nature. No adverse impacts have been identified by this amendment request. New commercial land uses would be more appropriate at this site than the continuation of the existing pear orchard or the construction of new residential uses. REZONE APPROVAL CRITERIA DOC. INDEX Walter & Virginia Mick 5 # A.-I 2 SE Corner of 64 Avenue and Washington Avenue CPA #1 -07, Rezone #3 -07, EC #11 -07 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. Discussion: Neighboring property owners have been mailed a Notice of Application and have been invited to submit written and oral comments on the proposed amendments. Upon review of the public comments received, it may be appropriate for the Hearing Examiner or Regional Planning Commission to modify the Staff recommendation. (2) The suitability of property in question for uses permitted under the proposed zoning. Discussion: The subject property is adjacent to a major transportation route and a State Correctional Facility and as a result, it is not suitable for residential development. Commercial development would be a more appropriate land use. The applicant has requested a rezone to Central Business District Support, which is characterized by very intensive development and a variety of land uses including retail sales, and service establishments, high density residential development, financial institutions, professional buildings, and government offices. Alternatively, the Small Convenience Center (SCC) District or the Local Business (B -2 District 'permit commercial uses at a more appropriate intensity and scale for the site. The SCC District would be more compatible if the site were to be developed with a grocery store or drug store and the B -2 designation would be more appropriate for smaller retail sales and service establishments. (3) The recommendations from interested agencies and departments. Discussion: To be determined. (4) Compliance with the Comprehensive Plan. Discussion: The Future Land Use Map designates the subject property as Low Density Residential, a designation that does not support the requested rezone from Suburban Residential (SR) to Central Business District Support (CBDS). However, the proposed amendment to the Future Land Use Map to designate the property as Arterial Commercial would support the requested rezone as well as the alternative zoning designations. (5) The adequacy of public facilities, such as roads, sewer, water, and other required public services. Discussion: This property is currently served by all necessary public utilities. Although this development is located within the service area of the Nob Hill Water Association the -City of Yakima will be providing the water utilized for this development. DOC. INDEX Walter & Virginia Mick 6 # ^ d n SE Corner of 64 Avenue and Washington Avenue A-1 CPA #1 -07, Rezone #3 -07, EC #11 -07 (6) The compatibility of the proposed zone change and associated uses with neighboring land uses. Di New commercial land uses would be more appropriate at this site than the continuation of the existing pear orchard or the construction of new residential uses. However, it would appear that smaller commercial uses would be more compatible with neighboring uses than the intensity of development that is permitted in the CBDS District. (7) The Public need for the proposed change. Discussion: The State of Washington has acquired the former Ahtanum View Nursing Home facility immediately to the south of the site and is operating it as a Correction Facility. In addition, Yakima County operates a work release facility in the buildings immediately south of the prison. Also, Washington Avenue has been widened to 5 lanes and has become a major East -West route. CONCLUSIONS The amendment is minor in nature. Noi impacts have been identified by this amendment request. The subject property is adjacent to a major transportation route and a State Correctional Facility and as a result, it is not suitable for residential development. The requested rezone would more appropriately support the establishment of commercial land uses. However, it would appear that smaller scale commercial uses would be more compatible with neighboring uses than the intensity of development that is permitted in the CBDS District. The property is rezoned as B -2, Local Business District. This property is currently served by all necessary public utilities. RECOMMENDATIONS The Department of Community and Economic Development recommends APPROVAL of this amendment request from Low Density Residential to Arterial Commercial. DOC. INDEX Walter & Virginia Mick 7 # A- 12- SE Corner of 64 Avenue and Washington Avenue CPI #1 -07, Rezone #3 -07, EC #11 -07 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: CPA #1 -07, Rezone #3 -07, EC #11 -07 Walter & Virginia Mick SE corner of 64` Ave and W. Washington Ave. I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Revised Notice of Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 26 day of November ,2007 That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. • Rosalinda lbarra Planning Specialist DOC. INDEX # 181333 -23001 181332 -14612 181332 -14614 CONGDON ORCHARDS INC DALE D & CAROL M SPEARS JAMES W & LEOLA I PARENT PO BOX 2725 6406 FREMONT DR 6402 FREMONT DR YAKIMA, WA 989072725 YAKIMA, WA 98908 YAKIMA, WA 98908 181332 -14613 1 181333 -32403 8133 -.240: D LINDSEY COOPER MICK PROPERTIES LLC ICK •RO•E•TIE LLC 6404 FREMONT DR 1707 S 74TH AVE 1 0 S 7 . AVE YAKIMA, WA 98908 YAKIMA, WA 98908 -2008 Y• MA, WA 98908 -2008 18 333- 2405 181333-32406 1:1332-4 '01 MI K " 0•ERTI•S L C ff ROBERT A & JOAN M BALL R��BERT B'�LL 17 7 74'H E 1908 S 64TH AVE 19/8 64T AV' YAK A, WA •8908 -200: YAKIMA, WA 98903 YAK •A, WA •s'03 -1026 1 1332 439 181332 -14664 181332 -41006 R ERT A ALL ROBERT S & G GWINN CAMPBELL RONALD & MARIANNE & CATHERINE 19 8 64T VE 2601 S 16TH AVE 8304 WIDE HOLLOW RD YAK A, WA 903 -1 6q YAKIMA, WA 98903 , YAKIMA, WA 98908 1 I 181333 - 32408 181333 -32407 1:1333 -32409 STATE OF WA DEPARTMENT OF CORREC WASHINGTON STATE W •N STATE PO BOX 41015 PO BOX 41112 Po B• 41/15 OLYMPIA, WA 98504- 1015; OLYMPIA, WA 98504 -1112 OL u•IA, • 98504 / ----,` 15 Abe1s printed for map sheet �mickwalter )—bN (- Cindy Noble NFRD y 5609 W. Arlington Ave ' o v � � wb Yakima, WA 98908 l d Wilma Koski .:-....-7// 21 N. 94 Pl. Yakima, WA. 98908 DOC. • INDEX i • • REVISED - NOTICE OF REGIONAL PLANNING COMMISSION PUBLIC HEARING FOR AMENDMENTS TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP DATE: November 26, 2007 TO: Applicant, Adjoining Property Owners, and Parties of Interest FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located at the SE corner of 64 Avenue & W. Washington Avenue, CPA #1 -07, Rezone #3 -07, EC #11 -07 ; cause , :.:_. This notice is being re - issued be there was missing` °:or incorrect informationAm the original notice that indicated 'the wrong location of the property. In of this revision,,all other information since remains* previously provided: NOTICE OF PUBLIC HEARING The City of Yakima Department of Community & Economic Development has received an application from Walter & Virginia Mick requesting a change to the City's Future Land Use Map from Low Density Residential to Arterial Commercial, and SEPA Review. Should this amendment request be approved it would permit a concurrent rezone of the subject property(s) from SR, Suburban Residential to SCC, Small Convenience Center. An open record public hearing was conducted by the City's Hearing Examiner on October 11, 2007. Because the 15 -day SEPA appeal period had not yet expired as of the hearing date, the hearing was continued to October 19, 2007 to accommodate potential consolidation of any SEPA appeal hearing with the open record hearing. The hearing was closed on October 19, 2007. The Hearing Examiner recommends approval of this rezone application subject to approval of the request to change the land use designation by the Yakima City Council. The public hearing before the Regional Planning Commission has been scheduled for Wednesday, December 5, 2007 beginning at 3:00pm, in Council Chambers, City Hall, 129 N. 2 " Street, Yakima, WA. 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. 2 " Street, Yakima, WA 98901. Doc. INDEX II The file containing the complete application is available for public review at the City of Yakima Planning Division, 2 " Floor City Hall, 129 N. 2 " Street, Yakima, Washington. If you have any question on this proposal, please call Vaughn McBride, Associate Planner a5 (509) 576 -6315 or e -mail at vmcbride @ci.yakima.wa.us. it II it A li it II II II li DOC. INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: Comp Plan Amendment: #1 -07 Walter Mick SW Corner 64 Ave & Washington I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of RPC Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies and all property owners and parties of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 16 day of November ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Myron Menard Planning Specialist DOC. INDEX 181333 -23001 181332 -14612 181332 -14614 • 2ONGDON ORCHARDS INC ' DALE -I) & CAROL M SPEARS JAMES W & LEOLA I PARENT ?O BOX 2725 6406 FREMONT DR 6402 FREMONT DR YAKIMA, WA 989072725 YAKIMA, WA 98908 YAKIMA, WA 98908 • 181332 -14613 181333 -32403 `8133 -3240• c) LINDSEY COOPER MICK PROPERTIES LLC CK P °OPE• S C 5404 FREMONT DR ' 1707 S 74TH AVE 1'07 S •4T" A YAKIMA, WA 98908 YAKIMA, WA 98908 -2008 YA , ^A 989 : -2008 - 181 33 -3.•15 181333-32406 81 3.-4 101 KIC PRO'E•'IES LLB ROBERT A & JOAN M BALL '1B.RT A BALL 70 7 TH •VE 1908 S 64TH AVE 1'08 S .4T • E YtK'MA A 9:1:8 -200' YAKIMA, WA 98903 Y•aIMA, WA 9:903 1026 181332 -41439 X\ 181332 -14664 181332 -41006 R.:ER A B. L \�/) ROBERT S & G GWINN CAMPBELL RONALD & MARIANNE & CATHERINE 19.8 S .4T •V 2601 S 16TH AVE 8304 WIDE HOLLOW RD YAK./•, 9:•.3 -102:^ YAKIMA, WA 98903 YAKIMA, WA 98908 . 181333 -32408 181333 -32407 181333 -32409 .STATE OF WA DEPARTMENT OF CORREC WASHINGTON STATE WASHINGTON STATE PO BOX 41015 I PO BOX 41112 PO BOX 41015 OLYMPIA, WA 98504 -1015 OLYMPIA, WA 98504 -1112 OLYMPIA, WA 98504 15 labels printed for, map sheet mickwalter Cindy Noble NFRD 1 4 5609 W. Arlington Ave °6 Yakima, WA 98908 II ,51 64 i i g Cf 4) u \ti )61 • 1074. S OH k� • Wilma Koski L I g Q 21 N. 94 Pl. U S Yakima, WA. 98908 . - • • • - DOC. INDEX 4 A_10 SEPA Reviewer .rmy Corps Dept. of Natural Resources Mr. Greg Griffith Div. of Archeol & Hist. Pres. 0 Box c -3755 713 Bowers Rd eattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Sheila Ross Cascade Natural Gas Dept of Soc/Health Service Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. l Ave MS OB -23B 1433 Lakeside Ct. Ste102 Yakima, WA 98902 Olympia, WA 98504 Yakima, WA 98902 Chamber of Commerce Dept. of Health 10 N 9th St. Michelle Vazquez City of Union Gap Yakima, WA 98901 1500 W. 4 Ave. St. 305 PO Box 3008 Spokane, WA 99204 Union Gap, WA 98903 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2 St Room 1016 ., 2809 Rudkin Road 8 S. r Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer 1200 6 Ave. MS 623 128 North 2nd Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear Art McKuen Dept of Ecology W. Washington P gy Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2 " St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer Yakima Co Pub. Services WA State Emergency Mgmt. Div. Pacific Power 128 N 2 " St., 4 Floor Mitigation, Analysis & Planning Mike Paulson Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Johnson Meninick, Mgr Dept. of CTED Yakima Cnty Dev. Serv. Ctr. Growth Management Services 128 N. 2 St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Toppenish, WA 98948 Olympia, WA 98504-2525 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 PO Box 151 r Toppenish, WA 9�'' INDEX # _ jp Federal Aviation Administration Cayla Morgan, Airport Planner Environmental Coordinator Mr. Doug Mayo Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 • Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Donna J. Bunten Soil Conservation Dist Eric Bartrand Critical Areas Coordinator Attn: Ray Wondercheck Fisheries D.O.E., Shorelands & Environ. 1606 Perry St Suite F 1701 S. 24 s Dept. of FiAve Yakima, WA 98902 Ol Box 47600 Yakima, WA 98902 Olympia, WA 98504 -7600 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum 1 Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District WV School District Yakima Greenway Foundation Attn: Ben Soria d, Attn: Peter Ansingh 111 S. 18 St. 104 N. 4 Ave Yakima, WA 98901 8902 Zier Road , Yakima, WA 98902 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box 48343 1 � Olympia, WA 98504 -8343 � DOC INDEX • Rebecca Barney Lorinda Anderson Bill Koss Dept of Corrections Interagency Comm. Outdoor Recreation Parks & Recreation POBox41112 PO Box 40917 POBox42650 Olympia, WA. 98504 -1112 Olympia, WA.. 98504 -0917 Olympia, WA. 98504 -2650 Elizabeth McNagny Bill Wiebe Kelly Cooper Dept of Social & Health Svcs Dept. of Transportation Dept of Health / Drinking Water P O Box 45848 P O Box 47300 P O Box 47820 Olympia WA. 98504 -5848 Olympia, WA. 98504 -7360 Olympia, WA. 98504 -7820 SEPA/GMA Coordinator Jennifer Hayes Anne Sharar • Dept. of Ecology Dept of Fish & Wildlife Dept of Natural Resources P O Box 47600 P O Box 43155 P O Box 47001 Olympia, WA. 98504 -7600 Olympia, WA. 98504 -3155 Olympia WA. 98504 -7001 Ron Shultz Review Team CTED • Puget Sound Water Quality Growth Management Svcs P 0 Box 40900 P 0 Box 42525 Olympia, WA. 98504-0900 Olympia, WA. 98504 -2525 • DOC. INDEX A -l0 • NOTICE OF REGIONAL PLANNING COMMISSION PUBLIC HEARING FOR AMENDMENTS TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP DATE: November 16, 2007 TO Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples; Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located at the SW corner of 64 Avenue & W. Nob Hill Boulevard, CPA #1 -07, Rezone #3 -07, EC #11 -07 NOTICE OF PUBLIC HEARING The City of Yakima Department of Community & Economic Development has received an application from Walter & Virginia Mick requesting a change to the City's Future Land Use Map from Low Density Residential to Arterial Commercial, and SEPA Review. Should this amendment° request be approved it would permit a concurrent rezone of the subject property(s) from SR, Suburban Residential to SCC, Small Convenience Center. An open record public hearing was conducted by the City's Hearing Examiner on October 11, 2007. Because the 15 -day SEPA appeal period had not yet expired as of the hearing date, the healing was continued to October 19, 2007 to accommodate potential consolidation of any SEPA appeal hearing with the open record hearing. The hearing was closed on October 19, 2007. The Hearing Examiner recommends approval of this rezone application subject to approval of the request to change the land use designation by the Yakima City Council. The public' before the Regional Planning Commission has been scheduled for Wednesday, December 5, 2007 beginning at 3:00pm, in Council Chambers, City Hall, 129 N. 2 " Street, Yakima, WA. 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. 2 Street, Yakima, WA 98901. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2 Floor City Hall, 129 N. 2 Street, Yakima, Washington. If you have any question on this proposal, please call Vaughn McBride, Associate Planner a5 (509) 576 -6315 or e -mail at vmcbride @ci.yakima.wa.us. Encl.: Narrative, Site Plan, Vicinity Map and Environmental Determination of Nonsignificance DOC. INDEX # A-ID • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: RZ #3, 5, 6, 7, 10, 11 Mick, Brashen, Johnson, A &N Investment, Mathis, Chichenoff Various I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner Recommendations. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 5th day of November ,2007. That I mailed said notices in the manner herein set forth and that all of the • statements made herein are just and true. . Myron Menard Planning Specialist r• D . INDEX • ltEN COMPCETE4771411S,SECDON � COMPLETE THIS SECTION ON DELIVERY r+ 9 '' '` • Complete items 1, 2, and 3. Also complete A atu Item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse G{/ 0 Addressee so that we can return the card to you. B. Received by (Punted Name) C. Date •f . = very ■ Attach this card to the back of the mailpiece, / or on-the front if space permits. �. _ /./ :: f • 0 ery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Waltzes Kick N { ‘ . i 2007 1707 Bath 74th Ave t . Yakima, �p if�C OF S �i�l�Yfid�'t X8908 , AWN! �,,� n , , 3. Service Type ❑ Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Ar ' Number (rr, jr from service labef) 7005 257 0 aaoo 1372 0 379 PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 N "CERILF E:DIMAIL743 EC EIP Ard M , 1( Uomestrc ,4MarlrOiily0lo1lnsucance Cvveray0roYrpledP ' �. i iv Vi ifitl. IA1 ur�n!e f siki -" ,< % €del � .- - tv�n! vrusps co ..� ru M I I... i i Postage $ Certtfied Fee Return Receipt Fee Postmark (Endorsement Required) Here D Restricted Delivery Fee N (Endorsement Required) Ui ru Total Postage & Fees Lr1 i O Sent To (�� 7 +A A r- Street, Apt. No.; r Y " " or PO Box No. City, State, ZtP +4 f.-afom 800une'2002 atc. e ' ='z at, csv- • _., �. : ?� ,�, ,.� eevev:ersporAnsfruchons, DOC. INDEX # ,4 -9 NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE REGIONAL PLANNING COMMISSION November 5, 2007 On November 2, 2007 the City of Yakima Hearing Examiner rendered his recommendation on an application by Walter & Virginia Mick (Rezone #3 -07, EZ #11 -07). The applicant is requesting to rezone property located at the southwest corner of 64` Avenue & Washington Avenue from SR, Suburban Residential District to SCC, Small Convenience Center. The application was reviewed at a public hearing held on October 11, 2007 and continued on October 19, 2007 for the end of the SEPA Appeal period. A copy of the Hearing Examiner's findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima Regional Planning Commission in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Vaughn McBride, Associate Planner at (509) 576 - 6315 at the Planning Division. I Doug Maples Code Administrator & Planning Manager • Date of Mailing: November 5, 2007 Enclosures: Hearing Examiner's Recommendation DOC. INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: EC #11 -97 Walter Mick SE Corner 64` Ave & Washington I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Final Determination of Nonsignificance A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies and all property owners and parties of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 4' day of October ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. , Myron Menard Planning Specialist DOC INDEX 181333 -23001 181332 -14612 181332 -14614 CONGDON ORCHARDS INC DALE D & CAROL M SPEARS JAMES W & LEOLA I PARENT PO BOX 2725 6406 FREMONT DR 6402 FREMONT DR YAKIMA_, WA 989072725 YAKIMA, WA 98908 YAKIMA, WA 98908 181332 -14613 181333 -32403 1:1333-32404 LINDSEY COOPER MILK P OPERTIES LLC M K PRe•:RTIES LLC 6404.FREMONT DR 17 7 4TH VE 17r7 S 74 AVE YAKIMA, WA 98908 YAK , 98 8 -2008 YA i• WA •:'.8 -2008 181333 -32405 1.81333 -32406 181332 -41001 MICK PROPERTIES LLC ROBERT A & JOAN M BALL 'OBE • BALL 1707 S 74TH AVE 1908 S 64TH AVE 1'.; S . TH • YAKIMA, WA 98908 -2008 YAKIMA, WA 98903 YAKIMA, W• •8903 -1026 1:1332 -41439 l / ) 181332 -14664 181332 -41006 RoBERT • BALL ROBERT S & G GWINN CAMPBELL RONALD & MARIANNE & CATHERIN] 19.8 z 6• - 2601 S 16TH AVE 8304 WIDE HOLLOW RD YAKIMA, WA 98903 -1026 YAKIMA, WA 98903 YAKIMA, WA 98908 181333 -32408 181333 - 32407 181333 -32409 STATE OF WA DEPARTMENT OF CORREC WASHINGTON STATE . • WASHINGTON STATE PO BOX 41015 PO BOX 41112 PO BOX 41015 OLYMPIA, WA 98504 -1015 OLYMPIA, WA 98504 -1112 OLYMPIA, WA 98504 15 labels printed for map sheet mickwalter — k43 $£PA Tir1AL ' Ay$ 1-12 • • DOC. • INDEX A Rebecca Barney Lorinda Anderson Bill Koss Dept of Correction's Interagency Comm. Outdoor Recreation Parks & Recreation POBoz41112" PO Box 40917 POBox42650 Olympia, WAI 98504 -1112 Olympia, WA. 98504 -0917 Olympia, WA. 98504 -2650 Elizabeth McNagny Bill Wiebe John Aden . Dept of Social i& Healtli Svcs Dept. of Transportation Dept of Health / Drinking Water P O Boz 45848 " P O Box 47300 P O Box 47822 Olympia WAJ 98504 -5848 Olympia, WA. 98504 -7360 Olympia, WA. 98504 -7822 SEPA/GMA Coordinator Jennifer Hayes Anne Sharar Dept. of Ecology" Dept of Fish & Wildlife Dept of Natural Resources P O Box 47600 I' P O Box 43155 P O Box 47001 Olympia, WA. 98504 -7600 Olympia, WA. 98504 -3155 Olympia WA. 98504 -7001 Ron Shultz Review Team • Puget Sound Water Quality CTED P 0 Bo z 40900 Growth Management Svcs Olympia, WA'. 98504 -0900 P 0 Box 42525 Olympia, WA. 98504 -2525 • • • • • • it DO'C . INDEX OD -RG, SEPA Reviewer Mr. Greg Griffith Army Corps Dept. of Natural Resources Div. of Archeol & Hist. Pres. PO Box c -3755 713 Bowers Rd Seattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Sheila Ross Cascade Natural Gas Dept of Soc/Health Service WA State Attorney Gen. Office 701 S. 1 Ave Capital Programs Ofc. Bldg #2 1433 Lakeside Ct. Stel02 Yakima, WA 98902 MS OB 23B Yakima, WA 98902 Olympia, WA 98504 Chamber of Commerce Dept. of Health t. Michelle Vazquez City of Union Gap 10 N 9th 1500 W. 4 Ave. St. 305 PO Box 3008 Yakima, WA 98901 Spokane, WA 99204 Union Gap, WA 98903 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2 St., Room 1016 2809 Rudkin Road 8 S. 2 Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima. Co. Commissioners Lee Faulconer 1200 6 Ave. MS 623 128 North 2 Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Nob Hill Water Co Yakima Co Planning Environ Review Section 6111 Tieton Drive 128 N 2 St. PO Box 47703 Yakima, WA 98908 Yakima, WA 98901 Olympia, WA 98504 -7703 Mr. Vern Redifer WA State Emergency Mgmt. Div. Pacific Power Yakima Co Pub. Services Mitigation, Analysis & Planning Mike Paulson 128 N 2 St., 4 Floor Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey . Cultural Resources Program Y Dept. of CTED Yakima Cnt Dev. Serv. Ctr. Johnson Meninick, Mgr na t. Yakama Indian Nation Growth Management Services 128 N. 2 St. 4 Floor PO Box 151 PO Box 42525 Yakima, WA 98901 Toppenish, WA 98948 Olympia, WA 98504 -2525 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4th Environmental Protection Prog. Street STE 202 p0 Box 151 ' ', Toppenish, WA 98948 Yakima, WA 98901 Toppenish, WA 989 &- to Federal Aviation Administration Cayla Morgan, Airport Planner Environmental Coordinator Mr. Doug Mayo Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Donna J. Bunten Soil Conservation Dist Eric Bartrand Critical Areas Coordinator Attn: Ray Wondercheck D.O.E., Shorelands & Environ. Dept. of Fisheries 1606 Perry St SuitelF 1701 S. 24 Ave Yakima, WA 98902 PO Box 47600 Yakima, WA 98902 Olympia, WA 98504 -7600 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum 1 , Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 • Yakima, WA 98903 Yakima School District Yakima Greenway Foundation WV School District Attn: Ben Soria Attn: Peter Ansignh 111 S. 18 St.. 104 N. 4 Ave 8902 Zier Road Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation, PO Box 48343 Olympia, WA 98504 -8343 • • D !ND`X LEGAL NOTICE WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 4, 2007 PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting an Arterial Commercial designation. PROPONENT: Walter & Virginia Mick LOCATION: SE corner of 64 Avenue and Washington Avenue, Yakima, WA LEAD AGENCY: City of Yakima FILE NUMBER: Environmental Checklist #11 -07 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), provided the measures listed below are taken to mitigate potential adverse impacts. 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 -340 (2). 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: William R. Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 4, 2007 © You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 " Street, Yakima, WA 98901 no later than: October 18, 2007 By (method) Complete appeal application form and payment of $505 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. ❑ There is no agency appeal. Final DNS — Walter & Virginia Mick CPA #1-07, RZ #3 -07, EC #11-07 .t, Re: Please publish Oct. 4, 2007 DNS (6) Acc. 11002 Page 1 of 1 Menard, Myron From: Le gals [legals @yakimaherald.com] Sent: Thursday, September 27, 2007 4:02 PM To: Menard, Myron Subject: Re: Please publish Oct. 4, 2007 DNS (6) Acc. 11002 This is to confirm receipt of the six attached notices. I presume in this case they are all meant to run separately? On 9/27/07 3:42 PM, "Menard, Myron" <mmenard @ci.yakima.wa.us> wrote: Final DNS (6) - A & N, Brashen, Chichenoff, Johnson, Mathis, Mick Please publish one time only on Oct 4, 2007 Mail Invoice and Affidavit of Publishing to: Account #11002 City of Yakima, Planning Division 129 N. 2nd Street Yakima, WA. 98901 N N N N N N N N r% N N N N N Simon Sizer Legal /O Clerk Yakima Herald- Republic Phone: 509 -577 -7740 Fax: 509 -577, -7766 legals @yakimaherald.com DOC. INDEX 10/5/2007 - _ Press Release WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 4, 2007 PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting an Arterial Commercial designation. PROPONENT: Walter & Virginia Mick LOCATION: SE corner of 64 Avenue and Washington Avenue, Yakima, WA LEAD AGENCY: City of Yakima FILE NUMBER: Environmental Checklist #11 -07 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), provided the measures listed below are taken to mitigate potential adverse impacts. 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 -340 (2). 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: William R. Cook . POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 4, 2007 © You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 ❑d Street, Yakima, WA 98901 no later than: October 18, 2007 By (method) Complete appeal application form and payment of $505 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. E There is no agency appeal. Final DNS — Walter & Virginia Mick CPA #1 -07, RZ #3 -07, EC #11 -07 A NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) October 4, 2007 On September 7, 2007 the City of Yakima, Washington issued a Revised Notice of Application and Environmental Review and Preliminary SEPA Determination of Nonsignificance regarding an Environmental Checklist application submitted by Walter & Virginia Mick. This review concerns the environmental analysis for a request to change the Future Land Use Map, and Rezone the property at the southeast corner of S. 64 Avenue & Washington Avenue, Yakima, Washington. Parcel number: #181333- 32403, 181333 -32404 and 181333 -32405 City File Number: Walter & Virginia Mick UAZO EC #11 -07 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 15 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 $505.00 must accompany the Appeal Application. For further information or assistance, you may wish to contact Vaughn. McBride, Associate Planner at (509) 576 -6315 at the City Planning Division. II Doug Maples Planning & Code dministration Manager Notice of Decision Mailing Date: October 4, 2007 Enclosures: SEPA Determination of Nonsignificance Sitc Plan, Vicinity Map and Mailing Map DOC. INDEX # /1-g .e_ WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIIMA, WASHINGTON October 4, 2007 PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting an Arterial Commercial designation. PROPONENT: Walter & Virginia Mick LOCATION: SE corner of 64 Avenue and Washington Avenue, Yakima, WA LEAD AGENCY: City of Yakima FILE NUMBER: Environmental Checklist #11 -07 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(2Xc), provided the measures listed below are taken to mitigate potential adverse impacts. 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 -340 (2). 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: William R. Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 4, 200 1 SIGNATURE: Final DNS — Walter & Virginia Mick D 0 C Vi CPA #1 -07, RZ #3 -07, EC #11 -07 INDEX # ,q._g © You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. No later than: October 18, 2007 By (method) Complete appeal application form and payment of $505 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. ❑ There is no agency appeal. Final DNS — Walter & Virginia Mick 2 DOC. CPA #1-07, RZ #3-07, EC #11-07 � INDEX j AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: CPA #1 -07, RZ #3 -07, EC #11 -07 Walter & Virginia Mick S E Corner 64 Ave & Washington I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Amended Application and Environmental Review and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 7th day of September ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. yron Menard Planning Specialist ;ter INDEX 181333 -23001 181332 -14612 181332 -14614 CONGDON ORCHARDS INC DALE•D & CAROL M SPEARS JAMES W & LEOLA I PARENT PO BOX 2725 6406 FREMONT DR 6402 FREMONT DR YAKIMA, WA 989072725 YAKIMA, WA 98908 YAKIMA, WA 98908 181332 -14613 1:1333- 403 . 1 :1333 -32404 D LINDSEY COOPER MiCK P•OsERTI'S LC MI K P'A'PER - LLC 6404 FREMONT DR 17.7 - 74 +H •VE 17.7 - 7 AV YAKIMA, WA • 98908 YA •, WA 98908 -2008 YAK , WA 98908 -2008 181333 -32405 1:1333 -3 0: 1 1332- 001 MICK PROPERTIES LLC RO:ERT ' & 'AN BA L R BER A AL 1707 S 74TH AVE 19•: ' 64TH A. 19 8 S 64T AVE YAKIMA, WA 98908 -2008 YAKIMA, WA 98903 YAKIMA, WA 98903 -1026 1 181332 -41439 181332 -14664 181332 -41006 ROBERT A BALL ROBERT S. & G GWINN CAMPBELL RONALD & MARIANNE & CATHERINE 1908 S 64TH AVE 2601 S 16TH AVE 8304 WIDE HOLLOW RD YAKIMA, WA 98903 -1026 YAKIMA, WA 98903 1 YAKIMA, WA 98908 181333 -32408 181333 -32407 181333 -32409 STATE OF WA DEPARTMENT OF CORREC "WASHINGTON STATE WASHINGTON STATE PO BOX 41015 ( PO BOX 41112 PO BOX 41015 OLYMPIA, WA 98504 -1015 OLYMPIA, WA 98504 -1112 OLYMPIA, WA 98504 C PA 4 1 Rt.vZst ® s+.t1 c 4lP i 'D 414,- 15 labels printed for map sheet mickwalter 1(7(0' rLFS “ fir- }��' S te," ` '' " Cindy Noble NFRD ---- 5609 W. Arlington Ave A', Yakima, WA 98908 Wilma Koski 21 N. 94 Pl. I " Yakima, WA. 98908 DOG. - INDEX # ,7 Federal Aviation Administration Environmental Coordinator Mr. Doug Mayo Cayla Morgan, Airport Planner g Y Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Toppenish, WA 98948 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Soil Conservation Dist Donna J. Bunten Eric Bartrand Attn: Ray Wondercheck Critical Areas Coordinator y Dept. of Fisheries 1606 Perry St Suite F D.O.E., Shorelands & Environ. PO Box 47600 1701 S. 24 Ave Yakima, WA 98902 Olympia, WA 98504 -7600 Yakima, WA 98902 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation- Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District yea Crreenway Foundation WV School District Attn: Ben Soria Attn: Peter Ansignh 111 S. 18 St. 104 N. 4 Ave 8902 Zier Road Yakima, WA 98901 Yakima, WA 98902 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation y ,v4,.a c+l 74-rd- r A 't ' PO Box 48343 o . k7 Olympia, WA 98504 -8343 f C I DO C, DOC, INDEX # A -1 OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Mr Greg Griffith PO Box c -3755 713 Bowers Rd Div. of Archeol & Hist. Pres. Seattle, WA 98124 Ellensburg, WA 98926 l O Box 48343 Olympia, WA 98504 Sheila Ross Dept of Soc/Health Service Cascade Natural Gas WA State Attorney Gen. Office 701 S. 1 Ave Capital Programs Ofc. Bldg #2 . MS OB -23B 1433 Lakeside Ct. Ste102 Yakima, WA 98902 Olympia, WA 98504 Yakima, WA 98902 Chamber of Commerce Dept. of Health 10 N be St. Michelle Vazquez City of Union Gap Yakima, WA 98901 1500 W. 4 Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q- West 6 S. 2nd St., Room 1016 2809 Rudkin Road 8 S. 2 Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental i otection Agency Yakima Co. Commissioners Lee Faulconer 1200 6 Ave. MS 623 ' 128 North 2n Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 I Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear Art McKuen Dept of Ecology 2200 W. Washington Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven. Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2n St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer Yakima Co Pub Services WA State Emergency Mgmt. Div. Pacific Power 128 N 2n St., 4`j Floor Mitigation, Analysis & Planning Mike Paulson Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Johnson Meninick, Mgr p Yakima Cnty Dev. Serv. Ctr. Growth Management Services aka 128 N. 2 St. 4i Floor 1 'ma Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98948 Mr. Philip Rigdon Mose Segouches P S Transportation Planner Yaks Indian Nation Yakima Indian Nation YVCOG PO Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 PO Box 151 DOG Toppenish, Vp40_448 # A "-t REC :I VED �L tj 4 jl C ITY OF Yatiimi -. PLANNING DIV AGENCIES REVIEWING COMP PLANS Revised December 19, 2006 • Cities and counties need to send their draft comprehensive plans to the agencies'. representatives, as listed below, at least 60 days ahead of adoption. Adopted plans should be sent to the Washington State Department of Community, Trade and Economic Development (CTED) immediately upon publication, as well as to any state agencies that commented on the draft plan. A jurisdiction does not need to send its plan to the agencies which have been called ahead and that have indicated the local plan will not be reviewed. Rebecca Barney ✓ SEPA/GMA Coordinator ✓ Department of Corrections Department of Ecology Post Office Box 41112 Post Office Box 47600 Olympia, Washington 98504 -1112 Olympia, Washington 98504 -7600 (360) 753 -3973 Fax: (360) 586 -8723 (360) 407 -6960 Fax: (360) 407 -6904 Email: rmbarney@docl.wa.gov Email: gmacoordination @ecy.wa.gov Lorinda Anderson Jennifer Hayes . Interagency Committee on Outdoor Recreation Department of Fish and Wildlife Post Office Box 40917 Post Office Box 43155 Olympia, Washington 98504 -0917 Olympia, Washington 98504 -3155 (360) 902 -3009 Fax: (360) 902 -3026 Tel: (360) 902 -2562 Fax: (360) 902 -2946 • Email: lorindaaiac.wa qov Email: hayesilh Bill Koss Anne Sharar Parks and Recreation Commission ' Department of Natural Resources Post Office Box 42650 Post Office Box 47001 Olympia, Washington 98504 -2650 Olympia, Washington 98504 -7001 (360) 902 -8629 Fax: (360) 753 -1594 (360) 902 -1739 Fax: (360) 902 -1776 Email: billk Email: anne.shararna.wadnr.gov Elizabeth McNagny Ron Shultz . Department of Social and Health Services ,/ Puget Sound, Water Quality Action Team Post Office Box 45848 Post Office Box 40900 Olympia, Washington 98504 -5848 Olympia, Washington 98504 -0900 (360) 902 -8164 Fax: (360) 902 -7889 (360) 725 -5470 Fax (360) 725 -5456 Email: mcnagec Email: rshultz(a,,psat.wa.gov Bill Wiebe Review Team Department of Transportation / CTED Post Office Box 47300 Growth Management Services . Olympia, Washington 98504 -7370 Post Office Box 42525 (360) 705 -7965 Fax: (360) 705 -6813 Olympia, Washington 98504 -2525 Email: wiebeb (wsdot.wa.gov (360) 725 -3000 Fax: (360) 753 -2950 Email: reviewteamcted.wa.gov John Aden Department of Health . Division of Drinking Water Post Office Box 47822 Olympia, Washington 98504 -7822 (360) 236 -3157 Fax: (360) 236 -2252 Email: John.Aden @doh.wa.gov • • - 0 . S:1Gmu'ADMIN\Lists \State Agencies Reviewing Comp Plans 12- 06.doc INDEX • • REVISED NOTICE OF APPLICATION DATE: September 7, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: I Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located at the southeast corner of 64 Avenue and Washington Avenue. CPA #01 -07, Rezone #3 -07, EC #11 -07 � atbere . as ^ih lta'. ". N; ssi� , r rp notice is beu% :re issue¢t iise: , v ming iii4itcorrect n ormation ongmal notice NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received an application from Walter & Virginia Mick requesting a change to the City's Future Land Use Map fr Low Density Residential to Arterial Commercial. Should this amendment request be approved it would permit a concurrent rezoning of the subject property from SR, Suburban Residential to Central Business District Support (CBDS). NOTICE OF ENVIRONMENTAL REVIEW This is to notify all 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. Accompanying this notice is a Preliminary Determination of Nonsignificance (DNS), which is subject to a 20 -day comment period. REQUEST FOR WRITTEN COMMENTS Your views on the proposal are welcome. All written comments received by September 27, 2007 will be considered prior to issuing a written recommendation to the Regional Planning Commission. Please mail your comments on this project to: ' Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. DOC. INDEX Please be sure to reference the file number or applicant's name in your correspondence. NOTICE OF PUBLIC HEARING This comprehensive plan map amendment request and rezone will require two public hearings; one before the Hearing Examiner to be followed by a public hearing before the Regional Planning Commission. The public hearing before the Hearing Examiner has been scheduled for Thursday, October 11, 2007 beginning at 9:00am, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. 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 public notice will be provided for the public hearing before the Regional Planning Commission. 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, Washington. If you have any question on this proposal, please call Vaughn McBride, Associate Planner at (509) 576 -6315 or e-mail at vmcbride @ci.yakima.wa.us. Other Permits Required: N/A SERNIMMUSESMNSMISEIRMUNEMOIMBEEOMEMISt DOC. INDEX REVISED WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY DETERMINATION OF NON SIGNIFICANCE CITY OF YAKIMA, WASHINGTON September 7, 2007 The City of Yakima has received an application for the following proposal that may be of interest to you. You are invited to comment on this proposal. PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting a Neighborhood/Community Commercial designation. PROPONENT: Walter & Virginia Mick LOCATION: Southeast corner of 64 Avenue and Washington Avenue, Yakima, WA PARCEL NO: #181333- 32403, 32404 and 23405 LEAD AGENCY: City of Yakima FILE NUMBER: Environmental Checklist #11 - 07 COMMENT DUE DATE: September 27, 2007 DETERMINATION: The lead agency for this proposal has preliminarily determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency The information relied upon in reaching this determination is available to the public upon request at the City of Yakima Planning Division. The initial notice of preliminary determination of nonsignificance issued August 22, 2007 incorrectly identified the location of the proposed land use action. This Preliminary DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Agencies, tribes, and the public are encouraged to review and comment on this proposal. All written comments received by September 27, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2 Street Yakima, WA 98901 DOC, • INDEX REQUIRED PERMITS: N/A REQUIRED STUDIES: None ENVIRONMENTAL DOCUMENTS INCORPORATED BY REFERENCE: SEPA/GMA Integrated Environmental Summary CONTACT PERSON: Contact Vaughn McBride, Associate Planner at 576 -6315 for more information. DOC. INDEX 2 # ,� • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: CPA #1 -07 Walter Mick 64 Ave & Washington I, Myron Menard as an employee of the Yakima City 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 e herewith; that said notice was addressed to the applicant; SEPA reviewing agencies and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 22` day of August ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Myron Menard Planning Specialist DOC. INDEX _81333 -23001 181332 -14612 181332 -14614 '_ONGDON ORCHARDS INC DALE D & CAROL M SPEARS JAMES W & LEOLA I PARENT 3 0 BOX 2725 6406 FREMONT DR 6402 FREMONT DR .'AKIMA, WA 989072725 YAKIMA, WA 98908 YAKIMA, WA 98908 81332 -14613 1 63 18'333 -32'64 JINDSEY COOPER M CK P'iPE' IES MILK PRO' RTI5 LLC 3404 FREMONT DR 1 •7 74TH tV 170' S 4TH AV (AKIMA, WA 98908 YA WA 98908 -2008 YAK -, WA 98908 -'e t8 L81333 -32405 81333 -32' 81332 6.1 NICK PROPERTIES LLC N•BERT • & OAN M a -i '. OBERT • B. L L707 S 74TH AVE 1'08 S 64TH VE 1'08 64TH • YAKIMA, WA 98908 -2008 YA i•, WA 98'• YA' MA, WA 98903 -1026 L81332 -41439 181332 -14664 181332 -41006 ROBERT A BALL ROBERT S & G GWINN CAMPBELL RONALD & MARIANNE & CATHERINE L908 S 64TH AVE 2601 S 16TH AVE 8304 WIDE HOLLOW RD CAKIMA, WA 98903 -1026 YAKIMA, WA 98903 YAKIMA, WA 98908 L81333 -32408 181333 -32407 181333 -32409 STATE OF WA DEPARTMENT OF CORREC WASHINGTON STATE WASHINGTON STATE ?O BOX 41015 PO BOX 41112 PO BOX 41015 )LYMPIA, WA 98504 -1015 OLYMPIA, WA 98504 -1112 OLYMPIA, WA 98504 gi 0'7 L5 labels printed for map sheet mickwalter CPA t! nrrc ?RAJ -DI" I APP. g Sf ¢1aZto7 D 4 1 $ 481.15 � vsK l Cindy Noble NFRD 5609 W. Arlington Ave Yakima, WA 98908 Wilma Koski 21 N. 94 Pl. Yakima, WA. 98908 DOG. INDEX • • Federal Aviation Administration Cayla Morgan, Airport Planner Environmental Coordinator Mr. Doug Mayo Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 i Donna J. Bunten Soil Conservation Dist Eric Bartrand Critical Areas Coordinator Attn: Ray Wondercheck D.O.E., Shorelands & Environ. Dept. of Fisheries Perry St Suite F PO Box 47600 1701 S. 24 Ave Yakima, WA 98902 Yakima, WA 98902 Olympia, WA 98504-7600 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School 'District WV School District Yakima Greenway Foundation Attn: Ben Soria Attn: Peter Ansignh 111 S. 18 St. 104 N. 4 Ave 8902 Zier Road Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia,' WA 98504 -8343 DOC. INDEX �� OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Greg Griffith PO Box c -3755 713 Bowers Rd Div. of Archeol & Hist. Pres. Seattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Sheila Ross Dept of Soc/Health Service Cascade Natural Gas . WA State Attorney Gen. Office 701 S. 1 Ave Capital Programs Ofc. Bldg #2 MS OB -23B 1433 Lakeside Ct. Ste102 Yakima, WA 98902 Olympia, WA 98504 Yakima, WA 98902 Chamber of Commerce Dept. of Health City of Union Gap 10N9 St. Michelle Vazquez Yakima, WA 98901 1500 W. 4 Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2n St., Room 1016 2809 Rudkin Road 8 S. 2 11d Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Lee Agri coner 1200 6 Ave. MS 623 128 North 2n Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2 St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer Yakima Co Pub. Services WA State Emergency Mgmt. Div. Pacific Power 128 N 2n St., 4` Floor Mitigation, Analysis & Planning Mike Paulson Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122. Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Johnson Meninick, Mgr Yakima Cnty Dev. Serv. Ctr. Growth Management Services 128 N. r St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia WA 98504 -2525 Toppenish, WA 98948 ymP ' Mose Segouches Mr. Philip Rigdon Transportation Planner Yakama Indian Nation Yakama Indian Nation YVCOG PO Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 PO Box 151 Toppenish, WA M ' 4 a # 4.4 Elizabeth McNagny John Arden, Environ. Doc.s Reviewer Bill Wiebe Dept of Social Div of Drinking Water & Health Servcs Dept. of Transportation P O Box 47822 P 0 Box 458 Olympia, WA. 98504 P 0 Box 47300 Olympia, WA. 98504 Olympia, WA. 98504 Steve Penland SEPA / GMA Coordinator Rebecca Barney Dept. of Fish & Wildlife Dept of Ecology Dept of Corrections P O Box 43155 P O Box 47600 P O Box 41112 Olympia, WA. 98504 Olympia, WA. 98504 Olympia, WA. 98504 Anne Sharar Harriet Beale Dept of Natural Resources Puget Sound Water Quality P O Box 47001 P O Box 40900 Olympia WA 98504 Olympia, "WA. 98504 S • • DOC. INDEX LEGAL NOTICE NOTICE OF APPLICATION • DATE: August 22, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located at the southeast corner of 64` Avenue and Washington Avenue. CPA #01 -07, Rezone #3 -07, EC #11 -07 NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received an application from Walter & Virginia Mick requesting a change to the City's Future Land Use Map from Low Density Residential to Arterial Commercial. Should this amendment request be approved it would permit a concurrent rezoning of the subject property from SR, Suburban Residential to Central Business District Support (CBDS). • NOTICE OF ENVIRONMENTAL REVIEW This is to notify all 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. Accompanying this notice is a Preliminary Determination of Nonsignificance.(DNS), which is subject to a 20 -day comment period. REQUEST FOR WRITTEN COMMENT S Your views on the proposal are welcome. All written comments received by September 11, 2007 will be considered prior to issuing a written recommendation to the Regional Planning Commission. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference the file number or applicant's name in your correspondence. NOTICE OF PUBLIC HEARING This comprehensive plan map amendment request and rezone will require two public hearings; one before the Hearing Examiner to be followed by a public hearing before the Regional Planning Commission. The public hearing before the Hearing Examiner has been scheduled for Thursday, September 27, 2007 beginning at 9:00am, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. 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 DOC. INDEX Re: Legal Notices 10 Page 1 of 1 Menard, Myron From: Legals [legals@yakimaherald.com] Sent: Monday, August 20, 2007 12:02 PM To: Menard, Myron Subject: Re: Legal Notices 10 This is to confirm receipt of the attached notices. (I received ten in total.) On 8/20/07 11:53 AM, "Menard, Myron" <mmenard @ci.yakima.wa.us> wrote: Please Publish one time only on Wed. Aug 22. Legal Notice of Application and Hearing: Mick, A & N, Brashen, Chichenoff, Hochrein, Johnson, Mathis, Temple, Noel, Thomas, J NN NN Ni iNr Nt r NN Simon Siaer Legal /Obituary Clerk Yakima Herald- Republic Phone: 509- 577 -7740 Fax: 509- 577 -7766 legals @yakimaherald.com DOC. INDEX 8/20/2007 ------� • • PRESS RELEASE NOTICE OF APPLICATION DATE: August 22, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located at the southeast corner of 64 Avenue and Washington Avenue. CPA #01 -07, Rezone #3 -07, EC #11 -07 NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received an application from Walter & Virginia Mick requesting a change to the City's Future Land Use • Map from Low Density Residential to Arterial Commercial. Should this amendment request be approved it would permit a concurrent rezoning of the subject property from SR, Suburban Residential to Central Business District Support (CBDS). NOTICE OF ENVIRONMENTAL REVIEW This is to notify all 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. Accompanying this notice is a Preliminary Determination of Nonsignificance (DNS), which is subject to a 20 -day comment period. REQUEST FOR WRITTEN COMMENTS Your views on the proposal are welcome. All written comments received by September 11, 2007 will be considered prior to issuing a written recommendation to the Regional Planning • Commission. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference the file number or applicant's name in your correspondence. NOTICE OF HEARING This comprehensive plan map amendment request and rezone will require two public hearings; one before the Hearing Examiner to be followed by a public hearing before the Regional Planning Commission. The public hearing before the Hearing Examiner has been scheduled for Thursday, September 27, 2007 beginning at 9:00am, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. 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 DOC. INDEX • NOTICE OF APPLICATION DATE: August 22, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located- at the southeast corner of 64 Avenue and Washington Avenue. CPA #01 -07, Rezone #3 -07, EC #11-07 NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received an application from Walter & Virginia Mick requesting a change to the City's Future Land Use Map from Low Density Residential to Arterial Commercial. Should this amendment request be approved it would permit a concurrent rezoning of the subject property from SR, Suburban Residential to Central Business District Support (CBDS). NOTICE OF ENVIRONMENTAL REVIEW This is t'o notify all 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. I Accompanying this notice is a Preliminary Determination of Nonsignificance (DNS), which is subject to a 20 -day comment period. REQUEST FOR WRITTEN COMMENTS Your views on the proposal are welcome. All written comments received by September 11, 2007 will be considered prior to issuing a written recommendation to the Regional Planning Commission. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please lje sure to reference the file number or applicant's name in your correspondence. • DOC. INDEX NOTICE OF PUBLIC HEARING This comprehensive plan map amendment request and rezone will require two public hearings; one before the Hearing Examiner to be followed by a public hearing before the Regional Planning Commission. The public hearing before the Hearing Examiner has been scheduled for Thursday, September 27, 2007 beginning at 9:00am, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. 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 public notice will be provided for the public hearing before the Regional Planning Commission. 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, Washington. If you have any question on this proposal, please call Vaughn McBride, Associate Planner at (509) 576 - 6315.or e -mail at vmcbride @ci.yakima.wa.us. Other Permits Required: N/A Encl.: Narrative, Site Plan, Vicinity Map and Environmental Checklist. • • DOC. INDEX WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON August 22, 2007 The City of Yakima has received an application for the following proposal that may be of interest to you. You are invited to comment on this proposal. PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting a Neighborhood /Community Commercial designation. PROPONENT: Walter & Virginia Mick LOCATION: Vicinity of 5th Avenue and W. Nob Hill Boulevard, Yakima, WA PARCEL NO: #181333 - 32403, 32404 and 23405 LEAD AGENCY: City of Yakima FILE NUMBER: Environmental Checklist #11 -07 COMMENT DUE DATE: September 11, 2007 DETERMINATION: The lead agency for this proposal has preliminarily determined that it does not haye 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 relied upon in reaching this determination is available to the public upon request at the City of Yakima Planning Division. This Preliminary DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below: Agencies, tribes, and the public are encouraged to review and comment on this proposal. All written comments received by September 11, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 1 129 North 2nd Street Yakima, WA 98901 REQUIRED PERMITS: N/A REQUIRED STUDIES: None ENVIRONMENTAL DOCUMENTS INCORPORATED BY REFERENCE: SEPA/GMA Integrated Environmental Summary CONTACT PERSON: Contact Bruce Benson, Supervising Planner. Call (509) 575 -6042 for more information. DOC. INDEX # �4 -�0 - 7/4 11- '\'‘ aP,,4.. ' - CITY OF YAKIM A LAND USE ACTION INSTALLATION CERTIFICATE IL X —67 Pro ect Number • •_- g =0 R 3 Date of Installation: Site Address:5 - 4 4. Location of Installation (Check One) X . Land Use Action Sign is installed er standard 15.11.090(C). p standards described in YUAZO § Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre- approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: -------- I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print) Date ( v- ( 11\ 1 N\ NkCk /0 ( 1 0 7 App cants Si ature � ter` Telephone umber of Applicant t y`,�' � m 10 - -232.5 The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509 -575 -6105; or mail to: City of Yakima, Code Administration and Planning Division, 120orth Second Street, Yakima, WA 98901. INDEX # }} -5 ^�� T4T CITY OF YAKIMA =.g CODE ADMIN. DIVISION y.. �� SEP 1120 y ' ,... 1889 0 STATE OF WASHINGTON REC VU FAXED El DEPARTMENT OF ECOLOGY AED FYI [] 15 West Yakima Avenue, Suite 200 • Yakima, Washington 98902 -3452 • (509) 575 -2490 RIPCcIVED September 7, 2007 'S E. P 1 _i 0 _ F; Your address'I,AK. is in thePLAI• :: �? ??�� Lower Yakima e. watershed Doug Maples City / of Yakima Dept. of Community Development 129 North 2 Street Yakima, WA 98901 Dear Mr. Maples: Thank you for the opportunity to comment on the preliminary determination of nonsignificance for the Land Use Map amendment and the concurrent rezone from SR to CBDS, proposed by Walter and Virginia Mick [EC 11 - 07]. We have reviewed the documents and have the following comments. Water Resources Environmental review of a zone designation should analyze the likely impacts of the development allowed within that zone. The more specific the analysis is at the non- project stage, the less environmental review needed when a project permit application is submitted. Since the Local Project Review Act prohibits reconsideration of the type of land use allowed in the development regulations and/or comprehensive plan, this will be the only opportunity to evaluate the appropriateness of the proposed zoning at a specific site. Water availability is essential for development. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44.100 RCW. If you have any questions concerning the Water Resources comments, please contact Breean Zimmerman at (509) 454 -7647. DOL. INDEX Mr. Maples September 7, 2007 Page 2 of 2 Water Quality Rezoning of a piece of property is often the first step in a proposed development. If a subsequent individual or common plan of development ground disturbance exceeds 1 ac. in size an NPDES Construction Stormwater Permit may be required. The process requires going through SEPA, developing a stormwater pollution prevention plan, submitting an application and a 30 day public notice process. This may take 45 -60 days. A permit and stormwater plan is required prior to beginning ground- breaking activities. Please contact Cory Hixon with the Department of Ecology, (509) 454 -4103, with questions about this permit. Sincerely, A /Z/0-61A ee- Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575 -2012 1403 • - 5f4t5It1.1,k :-; %;;■Cl. t‘x . ' , ' • August 27, 2007 Doug Maples, Building Codes and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2 Street Yakima, Washington 98901 Reference File: CPA #01-07, Rezone #03-07, EC #11-07 SE corner of 64 Ave and Washington Ave Mr. Doug Maples, The airport staff has reviewed the Application for changing zoning of property for the applicant, Walter and Virginia Mick. The staff finds no conflict to the airport with this application and review. The airport staff and Airport Board support this request. Thank you. Respectfully, Buck Taylor Buck Taylor Airport Manager 575-6149 buck.taylor@yakimaairterminal.com D00. INDEX iMap - City of Yakima - Print Page Page 1 of 1 a - N YGeogratlic N r .. � .�� 1Map City of Yakima , "�� Information 1 t.L! ���.a A. ro . - r � ' 129 North Second Stteetm . t Kr -,y � r Yakima, Washington 9890 Copyright 2003 -2004 N I ,+rb -.0. -- a - ": `., y t Legend t, �?" y - ,..4ei. --* , .� a+- ,ri w6.� r�r„ Parcels + ' x :;;a -w `- x " :, 1- - Parks fez - ',k. a , ' t x,? '°' 2'i:A . € ,_ , — Schools r, : -_ ms ..+ =+ 4 "'= .. - asp -� Vi WASWIVOTap AVE • fl 1\ tis CO TAV\erC:a -t L ;,0 ID ;�y lzesic\ e \ i A DISCLAIMER : This is a product of the City of Yakima Depar men The data dep?cted hem have peen develt with extensive cooperation from other city department: I well as other federal, state and local governments age • The City of Yakima is !tereby indeminfrea in any use o apolicabon or data. PROPRIETARY INFORMATION: Any resale of this d n`arma ion is proh nited, except in acco dance with a r,m, Isvz.aweaycvav,,,sv�.:i.ym, _ tensing agreement or as othQrwse approved, http: / /www, ci . yakima.wa, us /servl et/com, esri . esrimap. Esrimap? ServiceName= overv ClientVersi on =4.0 &Form = True &Enco, .. 4/16/2007 I TERRY AVE 411111111P 1111 j 11,1111111111" II. - \ F41111111 =IN � \ LI P� :- w g » , 2a a a , • LL Dm ;LIIH s �-J am w %1 FREMONT DR 1 WASHINGTON AVE — 1 1 'MIN BlIngimur L II CRESTFIELDS RD Il 0 .. CRESTFIELDS ROAD 1 m / N w 7 7-----\ I I -I 6, 0 7. N CITY OF YAKIMA, WASHINGTON VICINITY MAP i N • . s • * Ilea' . FILE NO: Comp Ha Amend #1 -07 0 5 APPLICANT: Walter & Virginia Mick / Subject Property REQUEST: Rezone from SR to CBDS Yakima City Limits • Scale —1 in = 400ft LOCATION 64th Ave & Washington Ave 200 400 L' €a NMI r 44/24/07 " f--2- TERRYAVE .. .. . s. 41111111 1111 Lipommir 11 ---- i► /gym IN < sw cL IN S LP i i' w m y 14614 -- 1 a. . , ,�,,.% 23001 FFiEMONT DR 1111 111111 / 1 / 14664 WASHINGTON AVE I ■ I 41001 I 32403 i 32404 32405 \ 32408 ; 32409 / 4100. / 41439 "" .. ,� .v.. �...,,i�.�. .- - °._. ... „ -, -• .... ,_�� ��,�,,, , 32406 32407 CRESTFIELDS RD , Ilk =in I . ., f CRESTFIELDS ROAD mil IN It co N 111 II =I Mil CITY OF YAKIMA, WASHINGTON I I I Property Notices FILE NO: Comp Pla Amend #1 -07 APPLICANT: Walter & Virginia Mick REQUEST: Rezone from SR to CBDS Subject Site N vit o 6. Z1 � rm LOCATION! 64th Ave & Washington Ave ; �j� I , o PARCELNBER(S):18133332403 18133332404 18133332405 Scale — lin =400f 5 UM I 0 200 400 AlIAL O4/24/07 F 1 E' I Ya, _ , I _ fl ro , , H ' _.. J t. r .— I, •L' 111 I - I ? 1a r t. '''4 I ..1 .I I •irI . , il■ • 1 ill ■ � I - 1 , .,a. - L i i It:, , � .. i I ). �. i r,1, 10! � , - I 14 �� , of I !� I4�I ': ' 9/0 4 1 1 , ' , i 1 -,r 1 , i - I 1 Jr ; i 't1 u "` ✓' 1 I . 1 1 i.+ ate j Ig 41 •:- } � i i _ � y [ r 1 ! .. R ' 1 G , I d 1 f I I 1 , _ r te., _ it N CITY OF YAKIMA, WASHINGTON I Scale -lin =400ft Information Services - GIS 0 200 400 FILE NO: Comp Pla Amend #1 -07 ' APPLICANT: Walter & Virginia Mick Subject Property REQUEST: Rezone from SR to CBDS Yakima City Limits I DQ LOCATION: 64th Ave & Washington Ave INDEX Mickwalter04/24/07 - w _ /4 -- Comp Pla Amend #1 -07 I I SR Suburban trial Mick i I R I Sin le -Fam« residential Walter & Virginia Mic I R 2 Two Family Residential i ■� �� Rezone from SR to CBDS ® R 3 Multi -Family Residential I - I BI Professional Business - B-2 Local Business I NM Historical Business 64th Ave & Washington Ave ■ Al I SCC Small Convenience Center LCC Large Convenience Center � 1\, Subject Property NE CBD Central Business District — I CBDS CBD Support City Limits 1 1 M -1 Light Industrial I I M2 Heavy Industrial I 1 I 1 1LJ F, I T r z T i -- o — 6 r N FRENIONT DR I, 1_1 11 ice ___ _ __- .__ WA SHINGTON _ AVE _ _ _ C IN f - -.- T - _ - - 1 H I t 4 , Q 1 - — CRESTFIELDS RD 1 I — $' I ■ - CRESTFIELDS ROAD SI Scale -lin = 4OOft 4 o f 4 City of Yakima Washington ; 4 ; 4 0 200 400 o o MickWalter 5 April 24, 2 007 'o $ 6 ° ° 1 ° _ em Current Yakima e� Zoning Water & Sewer 6510 CURRENT ZONING N Water Lines SR Suburban Residential 1 5 1 5 WASHINGTON AVE 8 8 WA5FIIIIGTO!T VE` 8 f R-2 Two - Family Residential f R 1 Single Family Residential r, � 1 � 1 N Sewer Lines N e t - Il ` i 0'i t , l t 1 t i i Irrigation Main i' i' 1 (� l 1 € + y III R-3 Multi Family Residential l rt � t t : + , 'N{ 11 I i t i ll 1 " 1; {l(1 i( Id 8 y St tr 4t yii t j3 4 ! ! 11 1 ( I * i1 1 1 fi. B-1 Professional Business ;4 q l L1I: a i£ yy t 0 1 ' '(I . i }1 I$) 11;B-2. 1 l , it yi I,il! lli B ){ Local Business " h z + ' ?' A it +l +its 1 '1' 1 'ti(t i 1 l i i I{ ! 11101104:1011:ROV::* " i �i f " 1�i•i 1 1 1€ l i 3 I " 1 3 + 11 ` 1. - 0 ., 4 f i : i it t 1 e l S � i 1 111 HB Histoncal Business � i E l- i t' ;, 1 1� l i i ' "EI 11 �; 1 ! i i t ( l . 11 1 i ! f l i i t {({�! i jj . , � "� i 1 � � i� i ',� i f 1 ll i ' �I 1 1 � � qq ���111 3 SCC Small Convenience Center `� 11140 111110 11 ( i 1 it li f ' I ll, a 1 'r ,' ��� Y 41111111110 " I t 1111 LCC Large Convenience Center ,.1,11,1, , , , , . .. .., ........�E Et: lE ,ls�� . , '. I ItH I. CBD Central Business District N. I I I B CBDS CBD Support N A, M4 Light Industrial a ® M-2 Heavy Industrial Subject Site N FILE NO: Csrnp Pia Amend#1 -07 I APPLICANT: Walter & Virginia Mick w L Future � l - •-3 , .._ Digital Land Use $ I . Orthophoto i' i 1 Mosaic of Digital Orthophotography flown 08/01/2002 I l • I � f t N Subject Property +e1�g41ci - : ` , WASHINGTON AVE FUTURE LAND USE +'� ,, _ WASI IINGTON AVE _J ~ L; • l I 1 4 r 1 Ni 'i ✓;i l 1 _` li :ill 1 1 I 1 1. t. S� 1 • l ; i Low Density Residential • r . % � ` 4 l,, ll : 1 n 1 t % 6>t t r , r Medium Density Residential ( t1 { . High Density Residential V y . , ' 0, ! � : � • r Professional Office / / ,• • '/ II I Neighborhood Commercial t ! 'l ltt lti tt ` ' 1 , t : e t e v \ p t _ I. E l Large Convenience Center t` • Arterial Commercial CBD Core Commercial ; r 1 CITY OF YAKIMA l.; . k I DEPARTMENT OF COMMUNITY AND ph , Industrial I .. . ' y 1 i1 , r , ir ; I t t t i ; l ' ECONOMIC DEVELOPEMENT INA • Urban Reserve 1 ; wt. ' � a +i • rr � i 129 North Second Street • N Subject Site i I Yakima, Washington 9890100c ii + 1 ' Phone: i5091575-6113 INDEX 1l1 V iy ? I Fax: (509)575 -6105 /� �_ 1 ' #4111. 1 e E .} a ; , 1 1 All maphown t ' = 0 '—' —_ -.` • L_ -_ 4 1 t ' One page s s Atlas: maic1kwalte30r CITY OF YAKIMA 4 . Wi/ s, LAND USE APPLICATION ark 1 8 ; � Aq y q c oo 4 L `' .-, ..# DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT / "27 •, i. 129 NORTH SECOND STREET, 2 FLOOR a�i ,, 1 �cO k P6 kATE9 .eai YAKIMA, WASHINGTON 98902 VOICE: (509) 575 -6183 FAX: (509) 575 -6105 f ,,. -..w ...., :..�_:- .. ,...,� »., .. 'i�.y"""' - �•^�'.`�..�.;'� ��`:n�.n;,Y,_"'^ -,nr+" �, ... �,. ���„ _ .. .1 gCXtTG .iO,gS .,' AAS RE' fk,'I tg' 'leage type, g V14r e , Vic_ ,* ::� : a x r` .��r Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable: FRT:�1;410 E�MME1'OISR -0 . V1:. ,�1-ifig : ,,,.. .,_ _ T-. WcW! Fes-_ .. �_.; 1. APPLICANT NAME Walter L. and Virginia M. Mick 2. APPLICANT ADDRESS STREET 1707 South 74th Avenue CITY Yakima AND PHONE NUMBER STATE WA A ZIP 9 8 9 0 8 PHONE 5 9) 9 6 6 — 2 3 2 8 MESSAGE ( ) 3. APPLICANT' CHECK ® OWNER ❑ OWNER REPRESETATIVE INTEREST (IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ . OTHER 4. PROPERTY OWNER (IP OTHER THAN NAME APPLICANT) N/A - 5. PROPERTY OWNER'S STREET N " A CITY ADDRESS AND PHONE (IF OTHER THAN STATE ZIP PHONE ( ) MESSAGE ( ) APPLICANT) 6. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: 181333 - 32403,32404,32405 7. EXISTING ZONING OF SUBJECT PROPERTY: SR 8. ADDRESS OF SUBJECT PROPERTY: . southeast corner of 64th Avenue and Washington Avenue 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use x Environmental Checklist (SEPA) ❑ Right -of -Way Vacation . ❑ Class (3) Use . ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption x Rezone ❑ Appeal ❑ Shoreline ❑ Variance . ❑ Non - Conforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ® Other ... c o m p r e h e n s i v e f _ _ _ plan amendment s 10. SFF ATTACHED SHEETS _ _ !�,,'.� �, a .� ',W a . Cf: F -0, _ :s.. _.. ` - 11: : ` � �f,.,` 11. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge.. )fir /' ' i ^ 1 - h — / 7 -- _2 oo7 PROPERTY OWNERS SIG'iATURE DATE DOC. Revised 8 -04 FOR ADMINISTRATIVE USE ONLY INDEX FILE No. # A"1 - DATE FEE PAID I RECEIVED BY I AMOUNT I RECEIPT NO. I HEARING DATE CITY OF YAKIMA. _ --= " ` �� COMPREHENSIVE PLAN AMENDMENT APPLI ON AI/ (, ` 6'R 1 s DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPII' e '� - 129 NORTH SECOND STREET, 2 FLOOR CJT / ` Z., ' O> �i f �O L ,. � , ep�..,�fl ,'%:-;f7 YAKIMA, WASHINGTON 98902 �C ' � :.:.._ VOICE: (509) 575 -6183 FAX: (509) 575 -6105 14 4 /A fi 44 , -- - - - -,�- - - °-*� -�.� --- 7- �..=.e. = ax?= -• - �h�'�,'.. a.�:-Sa�a:':°, "'�w�''s� �'3'§7' -'.�. �`." ,rr�,�+>;a._ _ ,, Ss- =FJ F � �P � �i 7 _ ' �. :PI SIWinµ p f Yo �, ei CT ri.O WAPA ti a. Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. This application consists of three parts. PART I - GENERAL INFORMATION, PART II- REQUIRED ATTACHMENTS AND PART III — CERTIFICATION. 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. '.1+Tl tea._ 1. APPLICANT NAME Walter L. and Virginia M. Mick 2. APPLICANT ADDRESS STREET 1707 South 74th Avenue CITY Yakima AND PHONE NUMBER - STATE W A ZIP9 8 9 0 8 PHONE 5 (19 966 8 MESSAGE ( 3. APPLICANT'S CHECK [1 OWNER ❑ OWNER REPRESETATIVE INTEREST IN ONE ❑ CONTRACT PURCHASER ❑ OTHER PROPERTY 4. PROPERTY OWNER (IF OTHER THAN NAME APPLICANT) _ N/A 5. PROPERTY OWNER'S STREET N/A CITY ADDRESS AND PHONE (IF OTHER THAN STATE ZIP PHONE ( ) MESSAGE ( ) APPLICANT) 6. ADDRESS OF SUBJECT PROPERTY: southeast corner of 64th Avenue and Washington Avenue 7. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: 181333- 32403,32404, 32405 8. LEGAL DESCRIPTION(S) OF THE SUBJECT PROPERTY: (Attach if lengthy) Section 33 Township 13 Range 18: Lot 1 SP 80 173 EX N 15 FT CO RD R/W SP 80 173: Lot 2 SP 80 173: Lot 3 • 9. EXISTING ZONING OF SUBJECT PROPERTY: S R 10. DESIRED ZONING OF SUBJECT PROPERTY:. C B D S 11. EXISTING FUTURE LAND USE DESIGNATION: Low Density Residential 12. DESIRED FUTURE LAND USE DESIGNATION: Arterial Commercial 13. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Comprehensive Plan Text ® Other ... rezone Amendment ® Future Land Use Map . Amendment EA Environmental Checklist (SEPA) [ 0C- , INDEX 4- _4-t ' If": TW,?:'ieiVR*:zVZRS%w[:MMIRS 14. Maps(s) of the subject property indicating roads, any areas identified as critical area designations, and the Future Land Use Map designation of adjacent properties; , 15. Maps(s) indicating the current and proposed Future Land Use Map designations. Maps are to be provided in both an 8-1/2" by 11" and 11" by 17" format and to a standard engineering scale (e.g. 1:20); 16. Descriptive information regarding the property, including the status of existing land use, access to sewer and water, as well asil the availability of public facilities such as schools, fire and police services; 17. A written narrative stating the reason for the request for the Future Land Use Map amendment, explaining how the proposed amendment meets the criteria in YMC section 16.10.040; and 18. A completed and signed SEPA checklist (see attached checklist). ' . ;, FOR: 1? OLICOEGULAT 4MEMDMENTS`:, , 19. Identification of the proposed amendment indicating the section and paragraph location for the current Comprehensive Plan provision sought to be changed, if any, and including, for text amendments, the specific ' text sought to be added or amended; 20. A written! narrative stating the reasons for the request for the amendment and explaining how the proposed amendment Meets the criteria in YMC Ch.16.10.040; and 21. A completed and signed SEPA checklist pursuant to YMC Ch. 6.88 (see attached checklist). 22. I certify that the ll information on this application and the required attachments are true and correct to the best of my knowledge. rliGel;, 5 — / 7 - o o 7 /.• SIGNATURE DATE Revised 2 FOR ADMINISTRATIVE USE ONLY FILE No. DATE FEE PAID RECEIVED BY , AMOUNT RECEIPT NO. HEARING DATE COMP. SEPA RECE WED APR 1 8 2007 CITY OF YAKIMA PLANNING DIV DOC. INDEX # A_( 4,6 PART II — REQUIRED ATTACHMENTS FOR COMPREHENSIVE `q <'0 2 ; ; PLAN AMENDMENTS y �41 / 0 r'' L 16. At the present time the subject property is a pear orchard in its entirety. As with most orchards in the Yakima Valley, it is operated with its myriad doses of pesticides, herbicides, rodent poisons, fertilizers, and all other applications necessary to get good fruit to market. We wish to put an end to that. The subject property has access to City of Yakima sewer and Nob Hill water. Electrical power is also readily available. Having been recently annexed into the City of Yakima, it is protected by the Yakima Fire Department and the Yakima Police Department. The subject property is located within the West Valley School District. Wide Hollow Elementary School is 1.5 miles to the northwest. West Valley Junior High School and West Valley Middle School are located 1 mile to the west/northwest. West Valley High School is located 2.5 miles to the west. 17. Washington Avenue borders the subject property to the north. It has recently been widened to five lanes and will become a major arterial once it is joined to Valley Mall Boulevard east of the Yakima Air Terminal. 64 Avenue borders the subject property to the west. We suspect 64 Avenue will be similarly widened to accommodate future Wal Mart and other Congdon development projects. The Congdon development property is across the street from the subject property, on the north side of Washington Avenue. The comprehensive plan and zoning of the Congdon development at that site is for light industrial use, and we feel our comprehensive plan application is compatible with that. The State of Washington Department of Correction's Ahtanum View Correctional Compex borders the subject property to the south. At one time, this property housed the Ahtanum View Nursing Home. When Yakima County acquired the property it became a work release facility. Then the State of Washington acquired the property it became a prison for the infirm. Yakima County continues to operate its work release facility in the buildings immediately south of the state prison. Commercial use of the subject property would make for a desirable Da- INDEX # A -1 A Pp CITY 2�,� OF neighbor to the prison and work release facilities. PLAN YA1A, ,� D /y The subject property is located on the southeast corner of Washington Avenue and 64 Avenue. In every direction, new residential homes are being built. The Congdon development is across Washington Avenue to the north. On the northwest corner of Washington Avenue and 64 Avenue there is now a large storage unit complex. This comprehensive plan map amendment would make for a desirable mix with these neighbors. There are now commercial businesses to the east on Washington Avenue including Airport West Animal Clinic and Cascade Gardens Nursery. To the west on Washington Avenue is Parson's Electric. A arterial commercial comprehensive plan designation for the subject property would make a good mix with these existing businesses in the immediate area. Washington Avenue has recently been widened to five lanes. Once connected to Valley Mall Boulevard this is going to be a major east - west arterial in the City of ,Yakima.. We feel that a commercial designation for the subject property would be more compatible with this new arterial than the current residential designation. It will buffer the noise from this arterial, and will require less access points than if left residential. Based upon the current table of current uses allowed arterial commercial designations are those land uses which require high auto visibility such as restaurants, service stations, car washes, as well as wholesale and retail activities. These are exactly the types of uses that are intended for this property. We understand that this designation/definition is to be removed in the future and merged with general commercial /industrial designations/ definitions. It is our intent that at the time this takes place, our designation be changed to general commercial. DOC INDEX • App cr 0 ; 8 2 ° 0 ; REZONE ft YAA N /NG o/v CHAPTER 15.23, YAKIMA URBAN AREA ZONING ORDINANCE (UAZO) PART II - APPLICATION INFORMATION 1. REQUEST: (I, we) the property owner(s) request that the following described property be rezoned: From SR • To CBDS 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) SECTION 33 TOWNSHIP 13 RANGE 18: LOT 1 SP80173 EX N 15 FT CO RD R /W,SP 80173: LOT 2,. SP 8,0173: LOT 3 3. OWNER'S SIGNATURE: (I, we) certify that (I, we) are the owner(s) of record of all of the above - described property: < Ke.; '72.424 PR PER (OWNER(S) SIGNATURE) STATE OF WASHINGTON) COUNTY OF YAKIMA ) On this day personally appeared before me known to me to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they are the owner(s) of the property requested to be rezoned, have read the application and know the contents thereof, and believe the same to be true. GIVEN under my hand and official seal this day of . 20 PART III - REQUIRED ATTACHMENTS 4. ENVIRONMENTAL CHECKLIST A properly completed Environmental Checklist is mandated by the Washington State Environmental Policy Act (SEPA) for a rezone request. Checklists should be obtained from the Planning Division. 5. WRIT EN NARRATIVE thoroughly answers the following questions in as much detail as possible: A. Is the requested zoning change suitable with the property in question (subject property)? How so? B. How is the rezone request in compliance with and/or how does the request deviate from the 1997 Yakima Urban Area Comprehensive Plan as amended? C. Are there adequate public facilities, such as traffic capacity, sewer service, potable water, storm water and other public services and infrastructure existing on and around the subject property? Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? D. Is the proposed zone change and associated land uses changes compatible with the existing neighboring uses? What mitigating measures are planned to address incompatibility, such as site screening, buffering building design, open space traffic flow alternation, etc.? E. Is there a public need for the proposed change? 6. SPECIFIC PROJECT If this request is for a specific project please include the following: A. Written project description including number of housing units and parking spaces. If the proposal is for a business describe hours of operation, days per week and all other pertinent information related to busing operations. B. Site Plan (Please use the City of Yakima Site Plan Checklist) 1NDEX I Note: All submitted information will be forwarded to the Hearing Examiner along with your application and will become part of the iblic hearing record. Clear, comprehensive and accurate detail of the information is in the best interest of the applicant. 4,6, V F® PART III — REQUIRED ATTACHMENTS FOR REZONE - #5 col, 20 A. The subject property is located on the southeast corner of Washingtc Gy6 04 G1 Ai Avenue and 64 Avenue. This is situated between the Congdon , development to the north and a Washington State prison to the south. Washington Avenue has recently been widened to five lanes and will soon be tied to Valley Mall Boulevard. This will become a major east/west arterial. It is only a matter of time before 64 Avenue will be similarly expanded to accommodate increased traffic from the proposed Wal Mart site less than a mile to the north of the subject property at 64 Avenue and Nob Hill Boulevard. This is a nonproject specific rezone request that would be compatible with all neighboring entities. A CBDS rezone of the subject property would be better suited than the present low density residential zoning because of its immediate adjacency to the State of Washington Department of Correction's Ahtanum View Correctional Complex property to the south. This is essentially a Washington State . prison for the infirm. Commercial zoning here would be a better fit. Should the comprehensive plan map amendment to the subject property be approved, then our rezone request from SR to CBDS will be compatible with and in compliance with Yakima Urban Area Comprehensive Plan Map III — 3. B. According to the current Yakima Urban Area Comprehensive Plan, "the purpose of the CBD Support district is to accommodate wholesale and retail activities with some high - density residential development. This district is primarily located near the central business district and along the major arterials leading to the central business district. Like the CBD district, a variety of land uses are permitted. However, the intensity of of development is intended to be less than in the CBD district." At the corner of 64 Avenue and Washington Avenue there are high density residential developments present, taking place, and proposed in every direction from the subject property. Washington Avenue is certainly a major arterial leading to the central business district. And our intent is for the intensity of development on the subject property to be less than in the central business district. C. There are adequate public facilities immediately available around the subject property. Washington Avenue has recently been expanded to DOC. INDEX 4 , kb, LjIk 8 five lanes to the north of the subject property and we anticipate a s ire /1/4 � �% expansion of 64 Avenue to the west to accommodate the increased �' p iy y traffic due to the proposed Wal Mart site one mile north at 64 Avenue and Nob Hill Boulevard. Sewer service is available at the site as is Nob Hill water. Storm water drainage was put in place with the expansion of Washington Avenue. Electricity is readily available to the subject property. Bus service is also currently available with a bus stop 75 yards north on 64 Avenue. All existing public facilities are capable of supporting even the most extensive use of the CBDS zoning of the subject property. D. To the north of the subject property is the proposed Congdon development. To the south is a Washington State prison. Two blocks west on Washington Avenue is Parson's Electric. Campbell and Gwinn storage units are located on the site at the northwest corner of 64 Avenue and Washington Avenue. Five blocks east on Washington Avenue are Airport West Animal Clinic and Cascade Gardens Nursery. To the west and east new housing projects are in full swing. A rezone of the subject property to CBDS would be compatible to all of these neighboring uses. Since this is a nonproject specific rezoning request, any mitigating circumstances are difficult to anticipate but would be addressed at the time that a specific project is proposed. E. This is a request for a rezone of the subject property from SR to CBDS. The public will benefit from this change in the form of a variety of different commercial ventures to support the many new residential, industrial, and commercial ventures underway and proposed in the immediate area. A commercial rezone would be especially preferred to the current residential zoning due to subject property's immediate adjacency to the State of Washington Department of Correction's Ahtanum View Correctional Complex to the south. Living a few feet from a state prison is outside the comfort zone of many people, but doing business at the same site may not be. To the south of the prison is Yakima County work release. Inmates that participate in this program walk north on 64 Avenue, past the subject property, to catch the bus to work, at the bus stop on 64 Avenue 75 yards north of Washington Avenue. We feel that a commercial rezone would be more compatible with all our neighbors and would better serve the public need than the current residential status. DOE: INDEX # /4 REQUIRED ATTACPMENT: ENVIRONMENTAL CHECKLIST�j,� ' STATE ENVIRONMENTAL POLICY ACT (SEE }k ? (AS TAKEN FROM WAC 197 - 11 - 960) 24 4 1 , kq��� CHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) O/y The State Environmental Policy Act (SEPA), chapter 43.2 IC RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. .._ .:sj:..°_.1-s, x This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. ,( ix '- �? ;r(.'�.: - y s �, a � � ., °rs- .- :.� --s1 `.gs•,x .� •_. ' :_ w] -•,� �,. ( vro„- �"�.,s ,� t ' "r��... � �; try _ �, �'�,.=,... _' ,.�3., -�, � -' R i$ ..s "�as�'2' ��- 4 L, 1 �t". v_ V` ��r �� .r��L�u.�� °������.t��"..mN��'." Complete this checklist for non - project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non - project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," "affected affected geographic area, respectivel - - �.ka�,pccn eau«- `�x :� °:.+�F >.•. � � .mss-.. _ ,t . >. " � _- +� ° a ?�'''^ „ _ �� A *� . "� • � '* '4kM 1. NAME OF PROPOSED PROJECT (if applicable) N / A 2. APPLICANT'S NAME & PHONE Walter L. and Virginia M. Mick 3. APPLICANT'S ADDRESS 1707 South 74th Avenue, Yakima WA 98908 4.CONTACTPERSON &PHONE Rod Mick 941 -7091 or Tadd Mick 941 -7092 5. AGENCY REQUESTING CHECKLIST City of Yakima 6. DATE THE CHECKLIST WAS PREPARED April 16, 2007 GOG. 7. PROPOSED TIMING OR SCHEDULE (including phasing, if applicable) N/A 1 N D EX # ,4 4 T Revised 10 -98 page 1 of 10 i BACKGROUND QUESTIONS (Attach if Lengthy) 1. Do you have any plans for future additions, expansion, or further activity related to or connecte4yith this proposal? If yes, explain. HECEIVED We have no plans at this time. 4 PR 1 8 07 CIT OF YAKIMA PL DI V. 2. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. To our knowledge, no environmental information has been prepared. However, when a specific project proposal is submitted, all environmental concerns will be addressed. 3. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. To our knowledge, no other applications are pending other than the comprehensive plan review and rezone applications. 4. List any government approvals or permits that will be needed for your proposal, if known. Government approvals and permits necessary for this proposal are the comprehensive plan review and rezone application. 5. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The project invoves a comprehensive plan map ammendment from low density residential to arterial commercial, together with a simultaneous rezone from suburban residential to arterial commercial. Both of these actions are nonproject and do not involve any physical change to the property at this time. 6. Location of the proposal. Give sufficient information for a person to understand the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. DOG. This proposal is for the property at the southeast corner dNDEX Washington Avenue and 64th Avenue. For a legal descriptio 16r4 see REZONE PART II— APPLICATION INFORMATION #2. page 2of10 1TFt1E om p • • • Q` - P Reserved for �'`� Space R Agenq� omments 1. Earth 1 7 o a. General description of the site (✓ one): 4,0 • V • © flat ❑ rolling ❑. hilly ❑ .steep slopes ❑ mountainous CO ❑ other N/A �p Y �q y � b. What is the steepest slope on the site (approximate percent slope)? /1 y4y There are no slopes on the subject property. 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. • Umapine silt lo drained, 0 - 2% slopes d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. N o. e. - Describe the purpose, type, and approximate quantities of any filling or grading • proposed. Indicate source of fill. • This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. • f. Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. This is a nonproject comprehensive plan map amendment • and rezone. No on -site work is proposed at this time. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: • This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. This is a nonproject comprehensive plan inap amendment 000 and rezone. No on -site work is proposed at this time. INDEX c. Proposed measures to reduce or control emissions or other impacts to air, if any: This is a nonproject comprehensive plan map amendment # A andlrezone. No on -site work is proposed at this time. page 3ofi0 Space Reserved for 3. Water - Agency Comments a. Surface: 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, 4/ describe type and provide names. If appropriate, state what stream or river it flows Oh, into. A /, Q4' There is no surface water in the immediate vicinity � �� �i ' 0 /•.", of the site. L 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. This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time 3. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material There is no surface water or wetlands on or in the immediate vicinity of this site. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. There would be no surface water withdrawals or diversions needed for any future proposals.. 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. This property does not lie within the 100 year floodplain. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 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. This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and D disposal, if any (include quantities, if known). Where will this water flow? Will this INDEX water flow into other waters? If so, describe. This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. page 4of10 2. Could waste materials enter ground or surface waters? If so, generally describe. Space Reserved for Agency Comments This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if "as p any: � 4 p R 1 This is a nonproject comprehensive plan map amendment col 8 2007 and rezone. No on -site work is proposed at this time. OF 4. Plants: • Liivm G 0/1/ a. Check (✓) types of vegetation found on the site: deciduous tree: ❑ alder ❑ maple ❑ aspen © other pear trees evergreen green: ❑ fir ❑ cedar ❑ pine ❑ other ❑ shrubs • ® grass El pasture crop or grain wet soil plants: El cattail ❑ buttercup ❑ bullrush ❑ skunk cabbage ❑ other water plants: ❑ water lily ❑ eelgrass ❑ milfoil El other other types of vegetation: b. What kind and amount of vegetation will be removed or altered? This is a.nonproject comprehensive plan map amendment and rezone. No on-site work is proposed at this time. c. List threatened or endangered species known to be on or near the site. There are no threatened or endangered species known to be on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Since this is a nonproject proposal, no landscaping changes are proposed at this time. 5. Animals: • a. Check (✓) any birds and animals which have been observed on or near the site or are known to be on or near the site: 1) birds: ❑ hawk ❑ heron El eagle ® songbirds © other starlings, sparrows, robins 2) mammals: ❑ deer ❑ bear ❑ elk ❑ beaver © other ' gophers , mice • 3)■ fish: ❑ bass El salmon ❑ trout El herring El shellfish ❑ other none b. List any threatened or endangered species known to be on or near the site. There are no threatened or endangered species known to be on or near the site. c. Is the site part of a migration route? If so, explain. Yakima is a part of the North American flyway. }NDEX d. Proposed measures to preserve or enhance wildlife, if any: This is nonproject comprehensive plan map amendment - andjrezone. No on -site work is proposed at this time. page 5of10 6. Energy and Natural Resources Space Reserved for Agency Comments a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. This is a nonproject comprehensive plan Ok map amendment and rezone. No on -site work is proposed this time . p osed ��� �� � b. Would your project affect the potential use of solar energy by adjacent properties? If so, C/T1, 8 generally describe. P A Y 00? This is a nonproject comprehensive plan map amendment /(/�� and rezone. No on -site work is proposed at this time. w4474 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: This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, which could occur as a result of this proposal? If so, describe. This is a nonproject proposal so no site work is proposed at this time. However, the removal of the ex s in orchard itself would reduce environment ?i health cd.ncern . might er aired. 1. Describe be special emergency services g required. is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 2. Proposed measures to reduce or control environmental health hazards, if any: The elimination of the existing pear orchard would mean no more pesticides, herbacides or fungusides applied. b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? At this time the noise at the Proposed site is limited totraffic and orchard equip - men 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. This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 3. Proposed measures to reduce or control noise impacts, if any: This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 8. Land and Shoreline Use This site is currently a pear orchard. a. What is the current use of the site and adjacent properties? To the east is another ear orchard . To he sou h is a rison. T the west are homes a d rc and and storage units. T the no s th site he usea r r culture so, descn ooe... men t. This site is currently a pear orchard. c. Describe any structures on the site. There are no structures on the site. d. Will any structures be demolished? If so, what? N/A INDEX e. What is the current zoning classification of the site? The current zoning classification is SR. Page 6 of 10 f. What is the current comprehensive plan designation of the site? Space Reserved for The current comprehensive plan designation is low Agency Comments density residential. g. If applicable, what is the current shoreline master program designation of the site? N/A 49C IP h. Has any part of the site been classified as an "environmentally sensitive" area? If so 48? P&" 4./ specify. No. C/;yn 1 8 OD, i. Approximately how many people would reside or work in the completed project? P ( %/Ai� 004 This is a nonproject comprehensive plan map amendment V and rezone. No on —site work is proposed at this time. j. Approximately how many people would the completed project displace. There are no people on the site at this time. k. Proposed measures to avoid or reduce displacement impacts, if any This is a nonproject comprehensive plan map amendment and rezone. No on —site work is proposed at this time. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: See attached narratives. 9. Housing a. Appri ximately how many units would be provided, if any? Indicate whether high, middle, or low - income housing. No .housing is proposed. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. No housing units are currently on this site. c. Proposed measures to reduce or control housing impacts, if any: This is a nonproject comprehensive plan map amendment and rezone. No on —site work is proposed at this time. 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? This is a nonproject comprehensive plan map amendment and rezone. No on —site work is proposed at this time. b. What views in the immediate vicinity would be altered or obstructed? This is a nonproject comprehensive plan map amendment and rezone. No on —site work is proposed at this time. c. Proposed measures to reduce or control aesthetic impacts, if any: Thiis is a nonproject comprehensive plan map amendment andi rezone. No on —site work is proposed at this time. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? • This is a nonproject comprehensive plan map amendment and rezone. No on —site work is proposed at this time. b. Could light or glare from the finished project be a safety hazard or interfere with views? This is a nonproject comprehensive plan map amendment _ r . and rezone. No on —site work is proposed at this time. c. What existing off -site sources of light or glare may affect your proposal? INDEX No off —site sources of light or glare have been noticed other than normal night time automobile traffic lights. 1 —/ d. Proposed measures to reduce or control light and glare impacts, if any: This is a nonproject comprehensive plan ma amendment and rezone. No on —site work is proposed at this time. page 7 of10 12. Recreation Space Reserved for • Agency Comments a What designated and informal recreational opportunities are in the immediate vicinity? Wide hollow School ground is 1.5 miles northwest. Yakima County d Park 2 mLless northwest. West Valley Junior �� ggi h aan iddlie Sc oo group s are 1 mile nor hwest. b. Would the proposed project displace any existing recreational uses? If so, describe. 44Z- No recreational uses are currently identified on the � proposed property. c. Proposed measures to reduce or control impacts on recreation, including recreation t /T y 8 4 opportunities to be provided by the project or applicant, if any: 1)t4 q�/ This is a nonproject comprehensive plan map amendment /G 01 4 and rezone. No on -site work is proposed at this time. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. No landmarks are on or near the site. c. Proposed rnPasures to reduce or control impacts, if any: This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. This site is bound by Washington Avenue to the north and 64th Avenue to the west. No access is proposed for this nonproject proposal. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? This site is currently serviced by Yakima Transit, The nearest bus stop is approximately 75 yards north on 64th Avenue. c. How many parking spaces would the completed project have? How many would the project eliminate? This is a nonproject comprehensive plan map amendment . and rezone. No on -site work is proposed at this time. 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). This proposal will require no new roads or streets, nor improvements to existing roads or streets. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. This is a nonproject comprehensive plan map amendment D��. and rezone. No on -site work is proposed at this time. INDEX g. Proposed measures to reduce or control transportation impacts, if any: No measures are proposed. /41-.-1( 15. Public Services Space Reserved for Agency Comments a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: This is a nonproject action, but the property is serviced by city of Yakima fire, ambulances, police and all other city services. CO), 2�Q� 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 40 might be needed. This is a nonproject comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 16. Utilities a. Circle utilities currently available at the site electrici =ED a ervice ele .hone 6anitary seweD 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. As this is a nonproject action, none are proposed at this time. 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. / Signature/' j Date Submitted: -- l 7- 2007 v �. � ;��- . Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the . ro • osal, would affect the item at a a eater intensi or at a faster rate than if the .. • oral were not im • lemented. _rte' 1. How would the proposal be likely to increase discharge to water; emissions to air; Space Reserved for production, storage, or release of toxic or hazardous substances; or production of noise? Agency Comments This proposal involves a nonproject coprehensive plan action and rezone and no specified uses have been identified which would effect discharge to water, emissions �1J to air, production emissions of hazardous or toxic ; ', J` substances. The elimination of the current on -site pear orchard would eliminate the rleases of toxic and hazardous 4 A.1 substances. page 9 of 10 Space Reserved for Proposed measures to avoid or reduce such increases are: Agency Comments None are proposed at thi time. ro osalbe likely to affect plants, animals, fish, or marine life? � c � 2. How would the proposal Y P Op This is a nonprojected comprehensive plan map amendment j and rezone. No on -site work is proposed at this time. City 8 ? oo,? Proposed measures to protect or conserve plants, animals, fish, or marine life are: ' � This is a nonprojected comprehensive plan map amendment 0 /1j and rezone. No on -site work is proposed at this time. • 3. How would the proposal be likely to deplete energy or natural resources? This is a nonprojected comprehensive plan map amendment and rezone. No on -site work is proposed at this time. Proposed measures to protect or conserve energy and natural resources are: This is a nonprojected comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 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? This sit is not near any sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: This site is not near environmentally sensitive areas. 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 is a nonprojected comprehensive plan map amendment and rezone. No on -site work is proposed at this time. Proposed measures to avoid or reduce shoreline and land use impacts are: This is a nonprojected comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? This is a nonprojected comprehensive plan map amendment and rezone. No on -site work is proposed at this time. Proposed measures to reduce or respond to such demands) are: This is a nonprojected comprehensive plan map amendment and rezone. No on -site work is proposed at this time. 7. Identify, if possible, whether the proposal may conflict- with local, state, or federal laws or requirements for the protection of the environment. As there are no environmentally effected areas on this property, these regulations would not apply to this nonproject action. DO C, INDEX page 10 of 10 Joint Board of Yakima City Council & Yakima County Commissioners 2007 Comprehensive Plan Amendments EXHIBIT LIST CHAPTER B The Noel Corporation CPA #2 -07, Rezone #4 -07, EC #12 -07 1015 S. 5th Ave & Vicinity of South 5 Ave and Nob Hill �cq :� �;�gz z� r '�a1 s � - 'i?:a ?'E y1,400,411,001T44- . f ''M ��. Y:s a ,.. 5 .. 4'EXdilfil -,Vit �,;; ,._ .; . K rr K DATE ,:-�� ^s ;c= :;:� .t §:�.� :a�3 „ - 1.�: "."f =' �,i�`.;kr+, ,� _ ti;, «f:. ,s�t';a...,?�;' t'� °,, �^ �`�. r �.��a" `x°i. Wit.:... :� ',�=� 'x•:�:.z r ° . r^ e1 ':,$ "'Y�,.: =r; ^S.' �3*uS:':. °. , �A” ;11 '�, n LL ' `• ' .Sey ` 4 :+, - t a' ` . r . . + 2- •. :i ,, , , ..3 ''S �T.c. $ 'fi _#�"w .r .s..`�`�'a." —.,� ��: r + .. 'F - r'_ i. .. �'W'.� B -1 Land Use Application for CPA, Rezone, and SEPA; and 4/30/07 Agreement to Pay Fees B -2 Maps 4/25/07 B -3 Comment Letter from Gwen Clear, Department of Ecology 9/11/07 B -4 Comment Letter from Brian Diehm 9/25/07 B -5 Comment Letter from Chad Hatfield, Velikanje Halverson 2/08/08 P.C. Attorneys at Law B -6 Land Use Action Installation Certificate 8/29/07 B -7 Notice of Application, Environmental Review, and Public 8/22/07 Hearing with Preliminary DNS (Press Release, Legal Notice, Parties Notified, and Affidavit of Mailing) B -8 Notice of Amended Application, Environmental Review, and 9/07/07 Public Hearing (Parties Notified and Affidavit of Mailing) B -9 Notice of Final DNS 9/21/07 (Press Release, Legal Notice, Parties Notified, and Affidavit of Mailing) B -10 Notice of Appeal of SEPA DNS 10/19/07 B -11 Notice of Hearing Examiner SEPA Decision and Rezone 11/29/07 Recommendation (Parties Notified and Affidavit of Mailing) B -12 Notice of RPC Public Hearing 11/30/07 (Parties Notified and Affidavit of Mailing) B -13 Staff Report 9/27/07 B -14 Hearing Examiner's SEPA Decision & Rezone 11/23/07 Recommendation RECEIVED NOV 2 6 200- CITY OF Y A ;%; .. City of Yakima, Washington PLANNING Dv Hearing Examiner's SEPA Decision & Rezone Recommendation November 23, 2007 In the Matter of a Rezone Application ) Submitted by: ) ) UAZO RZ #4 -07 The Noel Corporation ) EC #12 -07 ) SEPA APP #1 -07 To Rezone Two Parcels between South ) CPA #2 -07 4th and 5 Avenues north of Nob Hill ) Boulevard from the R -1 Zone to the ) SCC Zone, including Environmental ) Review and a SEPA DNS Appeal ) Introduction. The procedural history may be summarized as follows: 1) The Hearing Examiner conducted a public hearing on September 27, 2007. The staff report presented by Associate Planner Vaughn McBride recommended approval of this application for a rezone of two parcels from the Single - Family Residential (R -1) to the Small Convenience Center (SCC) zoning district. The applicant's representative, Justin Noel, testified in favor of the requested rezone and accepted conditions proposed for the rezone. Chad Hatfield of the law firm of Velikanje Halverson, P.C. presented several arguments in opposition to the requested rezone on behalf of Brian Diehm who lives in a residence abutting one of the parcels on the south. Mr. Diehm also submitted written comments in opposition to the requested rezone. 2) Since the period to appeal the SEPA Determination of Nonsignificance (DNS) did not expire until October 8, 2007, the hearing was continued until October 11, 2007. Since Mr. Hatfield appealed the SEPA DNS on behalf of Mr. Diehm prior to expiration of the appeal period, the hearing was again continued until November 8, 2007 to hear arguments regarding the SEPA appeal. Mr. Hatfield presented several arguments in favor of the SEPA appeal and the applicant's attorney, Bryan Myre of the law firm of Lyon, Weigand & Gustafson PS, presented arguments in favor of the SEPA determination. The record was The Noel Corporation 1 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 Ave. DOC. RZ #4 -07; EC #12 -07 INDEX RECEWFP NOV 2622o- CITY at closed to any further evidence except for a letter to be provided by Mr. Myra a.54:0;,07 the applicant's position regarding several conditions the Examiner proposed to impose upon the rezone. That letter dated November 8 and received November 9, 2007 indicated that conditions on the rezone substantially similar to those recommended herein would be acceptable to the applicant. This decision and recommendation are issued within ten business days after the record was closed. 3) The zoning change can only be approved if the requested application for a Comprehensive Plan designation amendment of the parcels from the Low Density Residential to the Neighborhood/Community Commercial designation is approved. The Regional Planning Commission will make a recommendation to the City Council relative to approval of that requested Comprehensive Plan amendment which is recommended for approval by Mr. McBride. The Hearing Examiner makes this decision regarding the SEPA appeal and this recommendation to the City Council relative to the requested rezone which is also recommended for approval by Mr. McBride. Summary of SEPA Decision and Rezone Recommendation. The Hearing Examiner affirms the SEPA Determination of Nonsignificance and recommends that conditions be imposed on the requested rezone from the R -1 to the SCC zone. Basis for SEPA Decision and Rezone Recommendation. Based on a view of the site without anyone else present on September 26, 2007; the information contained in the staff reports, exhibits, testimony and other evidence presented at an open record public hearing on September 27, 2007 and November 8, 2007; and a review of the SEPA ordinance provisions and authorities, the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Examiner makes the following: FINDINGS I. Applicant/Property Owner. The applicant and property owner is The Noel The Noel Corporation 2 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 /5 Ave. DOC. RZ #4 -07; EC #12 -07 INDEX NOV 2 Corporation, 1001 South 1 Street, Yakima, Washington. CITY p T. II. Location. The location of the two parcels in the rezone request is north of Nob Hill Boulevard between South 4 Avenue and South 5th Avenue west of the Southgate Shopping Center. The parcel numbers are 181325 -14405 and 14410. III. Application. This is an application to rezone two parcels immediately west of the shopping center which are located north of Nob Hill Boulevard between South 4 and South 5 Avenues. The parcels are vacant and are zoned Single - Family Residential (R -1). One of the parcels abuts South 5 Avenue and the other is to the northeast of that parcel next to the existing shopping center building. The parcels were purchased by the owner of the shopping center in 2005 with the goal of expanding the shopping center uses onto those parcels in a way that is unknown at this point because this is a nonproject rezone request. IV. Notices. Notices were provided in the following manner: Mailing of application, hearing & Preliminary SEPA notice: August 22, 2007 Publishing of said notice in Yakima Herald- Republic: August 22, 2007 Posting of notice on property: August 29, 2007 Mailing of revised application, hearing & SEPA notice: September 7, 2007 Publishing of revised application, hearing & SEPA notice: September 7, 2007 Mailing of notice of SEPA Determination (DNS): September 21, 2007 Publishing of said notice in Yakima Herald - Republic: September 21, 2007 V. Current Zoning and Land Uses. The parcels are currently zoned Single - Faiily Residential consistent with their Low Density Residential Comprehensive Plan designation. The parcels are vacant and undeveloped. The characteristics of adjacent properties are: The Noel Corporation 3 SEPA DNS Appeal Rezone from R -1 to SCC Noll Hill Blvd., 4` /5` Ave. DOG. RZ #4 -07; EC #12 -07 INDEX RECEIVED li V 2 6 2007 Location Zoning Comprehensive Plan Land Use i y OF YAKIMA North R -1 Low Density Residential Residential PLANNING DIV. South SCC Neighborhood Commercial Shopping center /residence East SCC Neighborhood Commercial Shopping center West R -1 Low Density Residential Residential VI. State Environmental Policy Act. A preliminary Determination of Non - significance (DNS) was issued by the City of Yakima on August 22, 2007. A final Determination of Nonsignificance was issued on September 21, 2007. A SEPA appeal was filed on October 4, 2007 before the SEPA appeal period expired on October 8, 2007. Notice of the appeal hearing was given by mailing notice to property owners, publishing notice and posting the property on October 18, 2007. The hearing was held regarding the SEPA appeal on November 8, 2007 where sworn testimony was presented by Mr. McBride, Mr. Hatfield and Mr. Myre. The SEPA appeal included the following particulars: 1) A summary of the ten points asserted as the basis for the appeal are as follows: a) The proposed rezone would introduce an intense and traffic- oriented incompatible land use into an existing residential neighborhood of single - family residences that is predominantly zoned Single- Family Residential (R -1). b) Commercial activity on the parcels would allow trucks and other traffic to enter and depart from the parcels by way of South 5 Avenue which is a local access street in a residential area where children live, ride bikes and play and which is not designed for commercial traffic because turn lanes are lacking and on -street parking is allowed. c) Increased traffic on South 5 Avenue which lacks sidewalks would pose a risk to children walking to Hoover School which is located where South 5th Avenue dead -ends south of Nob Hill Boulevard. d) The requested rezone would set a dangerous precedent because no commercial activity has been allowed deeper than two City lots along the north side of Nob Hill Boulevard which has served to protect existing residential neighborhoods. The Noel Corporation 4 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 /5 Ave. DJ RZ #4 -07; EC #12 -07 INDEX — 1 4 E 1Vtr yOv262007 CilY - e) The potential noise, light, glare and air emissions associatedPWi permitted commercial uses such as casinos, car washes, department stores, 24- hour convenience stores, motels, hotels, service stations and a variety of other intrusive uses would be incompatible with adjoining residential uses. f) No environmental analysis and no traffic impact studies have been conducted to allow for an informed decision regarding the requested rezone. g) In the absence of specific proposed uses for the parcels, it is impossible to determine the public need for this nonproject rezone. h) Although no signs would be allowed under the current residential zoning, the requested zoning would have virtually no limitation on the type and size of signs to be placed on the parcels. i) The requested rezone would increase lot coverage from 45% to 85 %, reduce setbacks on South 5 Avenue from 45 to 30 feet, increase the area of permitted nonresidential uses and modify other development standards in a manner inconsistent with the character of a residential neighborhood. j) The requested rezone should not be allowed since the applicant recently purchased the property on July 19, 2005 with full knowledge of the existing residential neighborhood and Single- Family Residential (R -1) zoning. 2) The sworn testimony presented at the SEPA appeal hearing included the following: a) Vaughn McBride presented a staff report containing detailed reasons for recommending that the DNS be upheld, including the fact that Class (1) site plans may be elevated to Class (2) review in the future and that conditions would more properly be imposed on the rezone than through an MDNS because specific de proposals in the future would be compared against the conditions imposed on the rezone. b) Chad Hatfield presented arguments in support of the ten reasons advanced for the appeal summarized above, including reference to the Court cases of I Ullock v. Bremerton, 17 Wn. App. 573 (1977) and King County v. Boundary Review Board, 122 Wn.2d 648 (1993). c) Bryan Myre presented arguments in support of affirming the DNS, including the fact that the appellant's concerns can be mitigated. 3) The Examiner analyzes and addresses the arguments in support of the SEPA appeal in the following manner: a) The Ullock case cited by Mr. Hatfield involved a nonproject rezone request for five acres of undeveloped property which the applicant intended to sell The Noel Corporation 5 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 /5 Ave. DOC. RZ #4 -07; EC #12 -07 INDEX NOV 2 CITY OF YAKIMA LAN after the rezone. In that case an EIS was required because six major unavoidanieNIN0 DIV adverse environmental consequences were identified for any type of development of the property. The Court held that the EIS was adequate even though it failed to consider the environmental consequences of the various specific uses allowed under the requested zoning classifications. The Court held that it would be unreasonable to require every rezoning petition to be accompanied by a site plan solely to generate exact environmental consequence information. It held that such a requirement would frustrate the efforts of municipalities to bring zoning laws into conformity with comprehensive plans for development of their city; would unduly penalize a property owner who seeks a more valuable, higher use of his property to enhance its marketability; and would make zoning changes depend upon development projects rather than desirable long -range planning. It further held that it would be totally impractical and unreasonable to require the EIS to consider alternatively the 16 uses permitted under one of the requested zones and the 40 uses permitted under the other requested zone when no specific project is under consideration. The Court finally held that full implementation of SEPA for nonproject rezones may be delayed until the development permit stage so long as the municipality has the authority to and does implement the policies at the permit stage, and the environmental consequences that would result from any type of development of the property are disclosed and considered at the time the zoning action is taken. b) The King County case cited by Mr. Hatfield involved two proposed annexations totaling 783 acres of mostly undeveloped property to the City of Black Diamond. The Court said that Determinations of Nonsignificance cannot be issued merely because there are no existing proposals to develop the land in question. The Court said that since it was a virtual certainty under the evidence presented that development of the property would have significant adverse impacts on the environment such as on water drainage and quality, environmentally sensitive wetlands and wildlife habitat, open spaces and the adjacent rural communities, an EIS was required to address those significant adverse impacts on the environment known to be probable consequences of the proposed annexations. c) Subsection 6.88.170(F)(2)(a)(1)(d) of the Yakima Municipal Code provides that "The SEPA determination of the responsible official shall be entitled to substantial weight, and the appellant shall bear the burden to establish a violation of SEPA, the SEPA rules, or the provisions of this chapter." The assertion in Mr. Diehm's letter and SEPA appeal to the effect that no environmental analysis has been undertaken of the proposed uses is true only in the sense that specific uses are not proposed for nonproject rezone applications. Despite that characteristic of all nonproject rezones, the responsible official here has concluded from his environmental analysis that all possible SCC uses that The Noel Corporation 6 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4` Ave. DCC. RZ #4 -07; EC #12 -07 INDEX # B -114 NOV 2 6 200? CITY OF YAKiM; could be proposed in the future lack any probable significant Ratikkiigg DIV. environmental effects that can be known at this time because of development standards and other review processes that will be required at the development permit stage. Development standards that will be imposed at the development stage include the zoning ordinance structure setback standards in Table 5 -1 of Chapter 15.05, the parking standards in Table 6 -1 of Chapter 15.06, the sitescreening standards in Chapter 15.07, the signage standards in Chapter 15.08, the parking lot and loading space lighting standards of Section 15.06.100 and the other standards set forth in the Urban Area Zoning Ordinance and other City ordinances. The appellant's letter and SEPA appeal understate the significance of such development standards. For example, a review of the sign limitations set forth for the SCC zoning district in Tables 8 -1, 8 -2 and 8 -3 and in Sections 15.08.030 through 15.08.120 of the UAZO would lead one to question the appellant's assertion that "there would be virtually no limitation on the type and size of signs to be placed within our neighborhood." The appellant may disagree with the responsible official's determination that significant adverse environmental effects will probably not result from the establishment of SCC uses on the two parcels in the future for the reasons he cited. But the suggestion that he failed to undertake an environmental analysis relative to the probability and the sig of future adverse environmental impacts likely to result from the establishment of SCC uses that may be proposed for the two parcels in the future is incorrect. His determination that significant adverse environmental effects are unlikely because of the City's development standards and because of the City's flexible thresholds for further environmental and/or traffic review that would apply at the development permit stage is entitled to substantial weight. d) Subsection 6.88.170(F)(2)(a)(1)(f) of the Yakima Municipal Code provides: "Where it is determined that there exists a violation of SEPA, the SEPA rules, or the provisions of this chapter, the hearing examiner may remand the SEPA determination to the responsible official and, in such event, shall continue the open record hearing or open record predecision hearing until such time as a new or modified SEPA determination is issued under the provisions of this chapter. The decision of the hearing examiner to remand the SEPA determination shall be a final administrative decision not subject to further administrative appeal. Where applicable, such remand shall toll any period for project permit approval required by Chapter 36.70B RCW or other statutes, or otherwise required by other provisions of this code." The Noel Corporation 7 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 Ave. DOC. RZt #4 -07; EC #12-07 INDEX # RECEIVED NOV 2 62007 e) Subsection 15.23.030(E) of the Urban Area Zonin g OrE der QTY YAM,- Div (UAZO) provides that the Examiner's alternatives relative to a rezone are to "issue a written recommendation to approve, approve with conditions or deny the proposed rezone." [Emphasis added by italics]. f) At the hearing the Examiner asked the applicant's attorney, Bryan Myre, to advise by letter whether the applicant would be agreeable to five conditions on the rezone that would: (i) prohibit access onto South 5 Avenue from the two parcels; (ii) prohibit any lighted signage on the two parcels from facing any existing residence; (iii) prohibit violations of the City's public disturbance noise ordinance on the two parcels even though commercial uses would otherwise be exempt from same; (iv) require use of shielded cut -off light fixtures on the two parcels to prevent light spillage onto adjacent residential properties; and (v) prohibit any building from fronting on South 5 Avenue or along the property lines of any residences adjoining the two parcels. Mr. Myre advised by letter received November 9, 2007 that imposition of five conditions on the rezone substantially as proposed by the Examiner would be acceptable to the applicant. The Examiner has subsequently refined the wording of the conditions recommended for the requested rezone to clearly apply to the appellant's adjoining property even though it is zoned for SCC rather than residential uses; to clearly apply to South 5 Avenue even though existing residential uses are located across that street; and to clearly allow lighted signage and the front of buildings to face to the south as long as same are not allowed along the common property line with the appellant's adjoining residential property to the south. g) The five conditions described above would address the grounds for appeal of the DNS in a manner that would apply to any type of development that would be allowed by SCC zoning on the two parcels. It is possible, as Mr. Hatfield argued, that this may be the last opportunity to impose conditions other than ordinance development standards on the future development on one or both of the parcels. Such future development may involve a minor action that would be categorically exempt from further environmental review under the City's SEPA ordinance and/or may involve less than 10 weekday PM peak hour vehicle trips that would be exempt from traffic concurrency review under the City's Transportation Capacity Management Ordinance. But that does not mean that all speculative, possible adverse environmental effects of all possible future uses of the parcels allowed in the SCC zoning district need to be considered at this stage contrary to the legal authority summarized above. The only reason that some future uses of the two parcels would be exempt from future environmental and/or traffic review is because some uses have already been determined by the City Council to not warrant such review. Those uses because of their insignificant environmental and/or traffic impacts would not be subject to such review if this The Noel Corporation 8 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 Ave. DOC. RZ #4 -07; EC #12 -07 INDEX ,B i 4 NIOV 26Z00' CITY OF YAKINIk property were already zoned SCC. There is no reason why they should be srub et NG DIV to such review at this time if they have been determined to be exempt from review. On Ithe other hand, some possible future uses of the two parcels would be subject to environmental and/or traffic review when they are proposed if they exceed the respective exempt thresholds in the City's ordinances at the time they are proposed. Those review processes will at that time address any special environmental and/or traffic impacts for any of those nonexempt uses. As stated in the Ullock case, there is no need to do so at this time for all possible SCC uses that could be proposed in the future. h) The Court cases cited by the appellant indicate that probable significant adverse environmental effects that would result from any type of development on the two parcels should be considered at this earliest possible stage. Many of possible future uses in the SCC zoning district would require further Class (2) or Class (3) . review where additional conditions could be imposed. For example, the SCC uses referred to in Mr. Diehm's letter and SEPA appeal included department stores and 24 -hour convenience stores which require Class (2) review; service stations which require Class (2) review for operation between 10 :00 p.m. and 6:00 a.m.; casinos which under the use description of game rooms, card rooms, electronic game rooms or social card rooms require Class (3) review; and motels and hotels which are not allowed under any circumstances in the SCC zoning district. Mr. Hatfield expressed concern that some of the Class (1) uses in the SCC zoning district such as service stations and convenience stores may be of a small scale that would avoid environmental and/or traffic review in the future. Those uses would require Class (2) review to operate between the hours of 10:00 p.m. and 6:00 a.m., and would require traffic concurrency review if they would likely generate 10 or more weekday PM peak hour vehicle trips regardless of their size. Nevertheless, it is true that any type of development on the two parcels that would be allowed by SCC zoning could pose the type of concerns addressed by the Examiner's proposed conditions set forth above. i) The Examiner concludes from the foregoing findings and analysis that any probable significant adverse environmental effects from any type of development on the two parcels resulting from the requested rezone would be unlikely or would have not more than a moderate adverse environmental effect under WAC 197 -11- 794(1) if the Examiner's five recommended conditions are imposed on the requested rezone. The Examiner's alternatives are to: (i) recommend those conditions be imposed on the rezone to effectively address the appellant's stated grounds for appealing the DNS; or (ii) remand this matter to the SEPA responsible official to consider conditioning the rezone by means of a Mitigated Determination of Nonsignficance (MDNS) and continue the open record { The Noel Corporation 9 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 /5 Ave. DOC. RZ #4 -07; EC #12-07 INDEX # g-14.1 \KR! 2 6 200; arY U YAKI�,a public hearing. The result of either alternative would be the same. Since the lattef NING DIV alternative seems to involve an unnecessary step and needless delay, since Mr. McBride favored the alternative of conditioning the rezone and since the imposition of conditions on the rezone are acceptable to the applicant, the Examiner will recommend that the City Council approve this requested rezone subject to five conditions if the requested Comprehensive Plan amendment is approved. Since no probable significant adverse environmental effects will result from the requested rezone if it is conditioned to address the appellant's environmental concerns in the manner recommended, the DNS will be affirmed. VII. Rezone Review Criteria. A recommendation regarding a rezone application within the Yakima Urban Area must be based upon the following criteria specified in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance (UAZO): 1) The testimony presented at the public hearing may be summarized as follows: a) Associate Planner Vaughn McBride summarized his staff report recommending approval of the requested rezone of the two parcels from the Single- Family Residential (R -1) to the Small Convenience Center (SCC) zoning district in conjunction with approval of the recommended Comprehensive Plan amendment. b) The applicant's representative, Justin Noel, testified in favor of the requested rezone and indicated a willingness to accept conditions on the rezone. c) Chad Hatfield of the law firm of Velikanje Halverson, P.C. presented several arguments in opposition to the requested rezone on behalf of Brian Diehm who lives in a residence abutting one of the parcels on the south. Mr. Diehm had submitted written comments in opposition to the requested rezone by letter dated September 25, 2007 which were also utilized verbatim as the ten grounds for his SEPA appeal summarized above. 2) The suitability of the property for uses permitted under the proposed zoning may be summarized as follows: a) These two parcels are between the existing building at the Southgate Shopping Center and South 5 Avenue. The adjoining property to the east has been in the Neighborhood Commercial Comprehensive Plan designation and has The Noel Corporation 10 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 Ave. D0C. RZ #4 -07; EC #12-07 INDEX # 2).--114 1 > (Y OF Y khis.ir • been zoned and used for SCC shopping center uses for quite some time. The pt DIV subject parcels are owned by the owner of the shopping center and could readily be used for expansion of shopping center uses at some time in the future. b) The proximity of a local access street and residential uses requires the recommended conditions for this rezone be imposed, together with any additional conditions that may be imposed as a result of future environmental and/or traffic review processes at the time a specific development is proposed. With the imposition of the recommended conditions, the two subject parcels would be suitable for any SCC uses of . a type that would be exempt from additional environmental and/or traffic review in the future. SCC uses of the type that would require additional environmental and/or traffic review in the future would also be subject to any additional conditions imposed as a result of those reviews. 3) Recommendations from interested agencies and departments may be summarized as follows: a) Recommendations or comments submitted by agencies during the comment period were as follows: (i) Washington State Department of Community, Trade and Economic Development: Receipt of documents relating to this proposed rezone is acknowledged and notice thereof has been forwarded to other State agencies. (ii) Washington State Department of Ecology: The water purveyor is responsible for ensuring that any proposed uses are within the limitations of its water rights. An NPDES Construction Stormwater Permit may be required prior to groundbreaking activities for any development exceeding one acre in size. The permit process may require 45 to 60 days. b) Recommendations or comments from Departments that were expressed at the Development Services Team meeting regarding the requested rezone were as follows: (i) City Water/Irrigation: There is an existing six -inch looped waterline in South 5 Avenue. The parcel at 1015 South 5 Avenue has an existing 3/4 -inch water service and meter. There is no existing water service to the 'other parcel. Each parcel must have separate water service and meter. Connection charges may apply. The City must install all water services at a cost determined bZ the service and meter size required. The fire flow available at South 5 Avenue is 1,600 gpm. The nearest fire hydrant is at South 5 Avenue and Stewart. New hydrants and fire The Noel Corporation 11 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 /5 Ave. DOC RZ: #4 -07; EC #12 -07 INDEX # 5-11-i 'C Pjl f V 2 6 2 Mr �;f f Y sprinkler system will be determined by Codes and Fire DepartmentgALAiligG DIV Lennox District irrigation service is available. The existing six -inch irrigation main that crosses parcel number 181325 -14405 will have to be relocated if it conflicts with proposed development. A new public utility easement for the irrigation main will be required. (ii) City Traffic Engineering: Nob Hill Boulevard is a five -lane Principal Arterial Street which carries approximately 25,755 Average Daily Trips and has a Street Segment Capacity Level of Service `B." South 5th Avenue is a two -lane Local Access Street with low density residential. development. The parcel at 1015 South 5 Avenue currently has direct access onto South 5 Avenue. Since this is a nonproject rezone application, future traffic generation cannot be estimated. But if commercial use is approved, no direct access is recommended from the commercial area to South 5 Avenue. 4) The extent to which the proposed rezone is in compliance with and /or deviates from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the Zoning Ordinance may be - summarized as follows: a) The Comprehensive Plan: The applicant has requested a change to the Future Land Use Map for the two subject parcels from Low Density Residential to Neighborhood/Community Commercial to accommodate the requested rezone of the parcels from Single - Family Residential (R -1) to Small Convenience Center (SCC). The requested rezone cannot be approved without that change in the Comprehensive Plan designation because the existing Low Density Residential Comprehensive Plan designation does not support the SCC zoning classification. If the Comprehensive Plan designation of the parcels is changed to Neighborhood/ Community Commercial, that designation would support the requested rezone of the parcels to SCC. b) The Zoning Ordinance: Subsection 15.03.030(8) of the Urban Area Zoning Ordinance states that the purpose of the Small Convenience Center (SCC) zoning district is to provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community and accommodate small commercial centers, generally three to ten acres in size, where most of the commercial uses have located in a coordinated manner around a common parking lot. Small convenience centers serve the day -to -day convenience shopping and service needs of the surrounding neighborhood and should be The Noel Corporation 12 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 /5 Ave. DOC. RZ #4 -07; EC #12-07 INDEX # ^l�1 RECEIVED NOV 2 6 2007 CITY , _OF YAKIM, designed to minimize the impacts on the neighborhood they serve. Uses P Il1G D V district should be retail or personal service establishments dealing directly with the consumer, the primary occupants usually being a supermarket and a drug store. Such uses already exist on parcels immediately to the east. Most of the Class (1) use permitted in the SCC zoning district by Table 4 -1 of the UAZO are retail sales or service establishments that would complement the adjoining. SCC uses in the Southgate Shopping Center. The uses on the two subject parcels would have access to the shopping center's parking area and access onto Nob Hill Boulevard. As previously indicated, however, in order to further the stated intent of the zoning ordinance to minimize the impacts of SCC uses on the neighborhood they serve, conditions will be recommended for the requested rezone of the two subject parcels in addition to the structure setback standards in Table 5 -1 of Chapter 15.05, the parking standards in Table 6 -1 of Chapter 15.06, the sitescreening standards in Chapter 15.07, the signage standards in Chapter 15.08 and the other standards in the Urban Area Zoning Ordinance and other City ordinances. 5) The adequacy of public facilities such as roads, sewer, water and other required public services may be summarized as follows: a) The subject parcels are currently served by adequate necessary public facilities such as public water and public sewer. Nob Hill Boulevard provides adequate access to and from the two subject parcels. As noted above, conditions will be recommended for this rezone in view of the fact that South 5 Avenue is not considered to be adequate ingress and egress for possible future commercial uses by the City Traffic Engineer or the Examiner due to the characteristics of the street and its use by children walking to and from school without the availability of sidewalks. Even though the proposed rezone is an exempt activity under the Transportation Capacity Management Ordinance, future development of the site with uses that would generate 10 or more weekday PM peak hour vehicle trips would be subject to additional traffic review at that time by the City Traffic Engineer as a condition of development. b) The subject parcels are also currently served by adequate requisite public services such as public transit, fire, police, schools and other public services. 6) The compatibility of the proposed zone change and associated uses with neighboring land uses may be summarized as follows: The Noel Corporation 13 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 /5 Ave. DOC. RZ #4 -07; EC #12-07 INDEX RECEWED *iv 26200,s a) The proposed rezone of the subject parcel, would be compatibla`y th YAW' the existing Small Convenience Center (SCC) shopping center uses to the easLANlrIG t)4V b) Due to the testimony and written comments of resident Brian Diehm and his attorney Chad Hatfield, conditions for this rezone previously noted are being recommended to promote the compatibility of potential SCC uses with neighboring residential land uses. These recommended conditions set forth below would be in addition to applicable setback, off -street parking, sitescreening and other development standards . if they are adopted by the City Council as recommended. 7) The public need for the proposed change may be summarized as follows: a) The case of Parkridge v. Seattle, 89 Wn.2d 454 (1978) cited by Mr. Hatfield states at pages 460 and 461 that the applicant for a rezone has the burden of showing a substantial relation to the public health, safety, morals or welfare. The appellant's argument was that the applicant failed in this burden because no immediate plans for development of the property have been presented. b) Even though no immediate public need has been shown due to the nonproject nature of the requested rezone, a future public need was described in the attachments to the application insofar as the two subject parcels could serve as a logical extension of commercial uses at the adjoining Southgate Shopping Center at some time in the future. This shopping center is located on the second busiest intersection in the City. As previously indicated, the applicant who owns the two subject parcels also owns the shopping center. Even though the applicant purchased the property in 2005 with knowledge of the residential zoning and of nearby residential uses, the applicant also likely knew that there could be a need for additional land next to the shopping center for future expansion. If the shopping center will need to expand in the future, the two subject parcels will be needed for that purpose because the SCC -zoned parcels used for the shopping center are fully developed. The shopping center serves a public need for goods and services at a convenient location for the neighborhood, for the people who pass by on Nob Hill Boulevard or South 3r Avenue and for the people who specifically drive to the shopping center from a distance to patronize the businesses there. c) The Southgate Shopping Center is a commercial use that is located along a busy street where successful commercial uses are increasing in number. Mr. Diehm's residence is a nonconforming use in the SCC zoning district that will of necessity be affected to some extent by the expansion of commercial uses along Nob Hill Boulevard. But the requested rezone with the recommended conditions The Noel Corporation 14 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 /5` Ave. DO C. RZ #4 -07; EC #12 -07 INDEX RECEIVED NO 2 6 200' will strike a balance between the public need to accommodate the possible fuh YAniavir . expansion of a successful business providing needed goods and services .a ING D V busy street and the need to minimize adverse impacts. of SCC uses on the neighborhood they serve. VIII. Consistency of the Rezone with Development Regulations and with the Comprehensive Plan under the Criteria Required by YMC 16.06.020(B) is determined by consideration of the following factors: 1) The types of land uses permitted at the site by the City's Small Convenience Center (SCC) zoning district are not consistent with the Comprehensive Plan's current Low Density Residential designation for the site, but they would be consistent with the applicant's requested Comprehensive Plan designation amendment to Neighborhood/Community Commercial if that is ultimately approved. I 2) The density of residential development or the level of development such as units per acre or other measures of density are not a factor weighing against this rezone request because any future proposed uses would comply with applicable SCC zoning ordinance provisions relative to the density of development. 3) The availability and adequacy of infrastructure and public facilities are not an issue and support the applicant's request for approval of the rezone. All required public utilities such as public water, public sewer, electricity, natural gas, telephone, street lights and fire hydrants are available, or will be required to be made available for the two subject parcels as a condition of development. 4) The characteristics of the development will be required to be consistent with the SCC zoning ordinance provisions and the applicable development regulations when the specific use is determined. CONCLUSIONS , Based upon the foregoing Findings, the Examiner reaches the following Conclusions: 1) The City Hearing Examiner has jurisdiction under Subsections 6.88.170(C), (D) and (F) of the Yakima Municipal Code to decide this appeal of a SEPA Determination of Nonsignificance. The Noel Corporation 15 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd:, 4 /5 Ave. RZ; #4 -07; EC 412 -07 DOC. INDEX # RECE VED NOi126200. 2) The Hearing Examiner has jurisdiction under Subsections 15.23. ' G D and (E) of the Urban Area Zoning Ordinance to make a recommendation to the Yakima City Council regarding this rezone application. 3) The public notice requirements of Chapters 15 and 16 of the Yakima Municipal Code have been satisfied. 4) The SEPA Determination of Nonsignificance issued on September 21, 2007 which was timely appealed on October 4, 2007 should be affirmed due to the imposition of the conditions set forth below on the requested rezone which will make any probable significant adverse environmental impacts from the requested rezone unlikely and/or insignificant. 5) If the applicant's requested Comprehensive Plan amendment from Low Density Residential to Neighborhood/Community Commercial is ultimately granted, the requested rezone of the two subject parcels from the Single- Family Residential (R -1) to the Small Convenience Center (SCC) zoning district, conditioned as recommended below, would satisfy the seven rezone criteria in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance and the four consistency criteria in Subsection 16.06.020(B) of the Yakima Municipal Code which are the applicable criteria to determine whether the requested rezone should be approved. If the requested Comprehensive Plan amendment is not granted, the requested rezone would not satisfy those criteria because the Small Convenience Center (SCC) zoning classification is not supported by the current Low Density Residential Comprehensive Plan designation for the two subject parcels. 6) The Examiner's decision affirming the Determination of Non - significance issued for this rezone application may be appealed within the timeframe and in the manner required by applicable City ordinance and State statutory provisions. • DECISION & RECOMMENDATION The Hearing Examiner affirms the Determination of Nonsignificance issued for this application based on the recommended conditions for the requested rezone and recommends to the Yakima City Council that this requested rezone of the two subject parcels from the Single - Family Residential (R -1) zoning district to the Small Convenience Center (SCC) zoning district as described in the documentation submitted for UAZO RZ #4 -07 and EC #12-07 be APPROVED if, The Noel Corporation 16 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 Ave. D0C. RZ #4 -07; EC #12-07 INDEX # B.— 5 ZOO? CITY Uir p 4 fo ° i PLANNING DIV and only if, the accompanying Comprehensive Plan amendment requested for the property from Low Density Residential to Neighborhood/Community Commercial is granted and the following conditions are imposed: 1) Ingress to and egress from either of the two subject parcels by way of South 5 Avenue shall be prohibited; 2) Lighted signage along South 5 Avenue or along any common property lines between the two subject parcels and any adjoining properties improved with residences to the north or south shall be prohibited; 3) Violations of the City's public disturbance noise provisions of Section 6.04.180 of the Yakima Municipal Code which make it "unlawful for any person in possession of property to knowingly cause, permit or allow to emanate therefrom any sound which by its intensity, volume, frequency, duration or character unreasonably disturbs or interferes with the peace, comfort and repose of others" shall be prohibited on the two subject parcels even though commercial uses would otherwise be exempt from said ordinance; 4) Only cut -off light fixtures shall be used on the two subject parcels which shall be shielded and installed in a manner that prevents fugitive light or light spillage from the parcels onto South 5 Avenue or onto any adjoining properties improved with residences to the north or south of the parcels; and 5) Buildings fronting on South 5 Avenue or on any common property lines between the two subject parcels and any adjoining properties improved with residences to the north or south of the parcels shall be prohibited. DATED this 23r day of November, 2007. ArL Gary M. Cuillier, Hearing Examiner The Noel Corporation 17 SEPA DNS Appeal Rezone from R -1 to SCC Nob Hill Blvd., 4 /5 Ave. DOC. RZ #4 -07; EC #12-07 INDEX # �. -I CITY OF YAKIMA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT COMPREHENSIVE PLAN AMENDMENTS Amendment Request Submitted by: ) Staff Report ) CPA #2 -07, Rezone ) #4 -07 & EC #12 -07 The Noel Corporation ) Staff Contact ) Vaughn McBride for and amendment to the Future Land Use Map ) Associate Planner of the Yakima Urban Area Comprehensive Plan ) 576 -6315 SUMMARY OF RECOMMENDATIONS The Staff recommends to the Regional Planning Commission that this request be approved. Because of the small land area involved this proposal will have no negative impacts on the integrity of the comprehensive plan. SUMMARY OF REQUEST APPLICANT: The Noel Corporation LOCATION: Vicinity of 5 Avenue & W. Nob Hill Boulevard PARCEL NO: APN #181325 -14405 and 181325 -14410 The applicant requests a change in the Future Land Use Map from Low Density Residential to Neighborhood/Community Commercial. Future zoning would be SCC, Small Convenience Center if the amendment is approved. CURRENT ZONING AND LAND USE The project site is currently zoned R -1. The Future Land Use Map designates this property as Low Density Residential. The property is currently vacant, and enclosed within property used as a shopping center. Adjacent properties have the following characteristics: Location Zoning Comprehensive Plan Land Use North R -1 Low Density Residential Residential South SCC Neighborhood Commercial Shopping center East SCC Neighborhood Commercial Shopping center West R -1 Low Density Residential Residential DOC, INDEX Noel Corporation 1 # Q Vicinity of 5 Avenue & W. Nob Hill Boulevard - �--� CPA #2 -07, Rezone #4 -07, EC #12 -07 APPLICATION BACKGROUND The subject property consists of two parcels located behind the shopping center located on the north side of Nob Hill Boulevard between S. 4th and S. 5th Avenues. The parcels are zoned for R -1 for residential uses but are vacant lots within the fenced perimeter of the shopping center. One of the parcels (181325- 14405) is landlocked and the other fronits S. 5` Avenue. The parcels are under the same ownership as the shopping center, and lit is the goal of the property owner to expand the commercial services available at the shopping center. Comments Received City of Yakima Water /Irrigation 1. Existing water location, size, etc. • a) Existing looped 6 -inch waterline in S. 5` Avenue b) 1015 S. 5 Avenue has an existing 3 /4" water service and meter. c) There is no existing water service to the adjacent parcel d) Site is located in the Low Level Pressure Zone. e) Static pressure approximately 77- 88psi. 2. No water extension is necessary. 3. Fire hydrant location a) The nearest fire hydrant is off of the looped 6 -inch waterline located at the intersection of S. 5 Avenue and Stewart. • b) All new fire hydrants and fire sprinkler system services to be determined by Codes and Fire Departments. 4. A new public easement will be required for the existing 6 -inch irrigation. 5. Each lot is to have separate water service and meter. Connection charges may apply. 6. Service installation charges a) Depending on size of service and meter required to service the site. b) City of Yakima to install all water services. 7. Public /private system — public 8. Fire flow calculations — fire flow available from looped 6 -inch waterline in S. 5 Avenue @ 1,600gpm. • 9. Irrigation System a) City of Yakima irrigation service area (Lenox District). b) There is an existing 6 -inch irrigation main that crosses parcel 181325- 14405. c) Applicant will be required to relocate irrigation main if conflicting with proposed development. Irrigation service is available to the site. Traffic Engineering 1. Nob Hill Boulevard is a 5 -lane Principal Arterial that carries approximately 25, 755 Average Daily Vehicle Trips with a Street Segment Level of Service « 2. S. 5` Avenue is a Local Access Street with low density residential development. 3. The lot at 1015 S. 5 Avenue has direct access onto S. 5 Avenue. D 00 • INDEX Noel;Corporation 2 Vicinity of 5 Avenue & W. Nob Hill Boulevard --- • . CPA #2 -07, Rezone #4 -07, EC #12 -07 4. This is a non - project application, so future traffic generation cannot be estimated. 5. If commercial use is aproved, no direct access is recommended from the commercial area to S. 5` Avenue. Department of Ecology has the following concerns: 1. Water Resources — The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use0, then it is subject to approval from the Department of Ecology pursuant to Section 90.03.380 RCW and 90.44.100 RCW. 2. Water Quality — A NPDES Construction Stormwater Permit may be required for development that exceeds one acre in size. A permit and stormwater plan is required prior to beginning ground - breaking activities. Citizen Comments Received • No comments received PUBLIC NOTICE Date Accomplished Mailing of hearing notice August 22, 2007 Posting of property August 22, 2007 Legal Ad published August 22, 2007 ANALYSIS APPROVAL CRITERIA 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: Discussion: There has been significant transition towards greater commercial activity in the immediate area. Most of the parcels 'along Nob Hill Boulevard have been rezoned for commercial land uses; particularly the Small Convenience Center (SCC) designation. Conclusion: There have been land use changes since the adoption of the Comprehensive Plan. (b) Better implement applicable Comprehensive Plan policies than the current relevant Comprehensive Plan map or text; r }0G, 11a0E Noel Corporation 3 Vicinity of 5 Avenue & W. Nob Hill Boulevard CPA #2 -07, Rezone #4 -07, EC #12 -07 Discussion: The subject parcels share property lines with other properties zoned for Neighborhood Commercial land uses, and are essentially part of the larger Southgate Shopping Center complex. Conclusion: A Future Land Use Map designation as Community Commercial would be a more appropriate zoning, and would support the requested SCC designation. (c) Correct an obvious mapping error; Discussion: There is no map error. : Conclusion: There is no map error. (d),Address an identified deficiency in the Comprehensive Plan Discussion: There is no obvious deficiency in the Plan. The proposed amendments address changes in local circumstances. Conclusion: The proposed amendments address changes in local circumstances. 16.10.040 (2) : Pursuant to RCW § 36.70A.040, proposed Comprehensive Plan amendments shall be coordinated with, and take into consideration, the comprehensive plans adopted by Yakima County, or cities with which the City of Yakima has, in part, common borders or related regional issues as may be required by RCW § 36.70A.100 Discussion: This is a relatively minor request and does not appear to present any adverse consequences for adjacent jurisdictions or service providers. Conclusion: Because of the small land area involved, there are no regionally significant issues related to the request. 16.10.040 (3): 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); Discussion: The proposed amendment is compatible with the provisions of the G rowth Management Act, the laws of Washington State, and the Yakima County - wide Planning Policies, in particular, the provisions regarding the direction of the growth to areas where urban services exist, compatibility of land uses neighboring essential public facilities, and private property rights. Conclusion: A granting of this request would affirm the current use of the site without negatively affecting the surrounding area. This would be consistent with the CWPP policies regarding Plan flexibility. � }IJI �/ `x R � Noel Corporation 4 # �' Vicinity of 5 Avenue & W. Nob Hill Boulevard CPA #2 -07, Rezone #4 -07, EC #12 -07 16.10.040. (4): 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. Discussion: This is a freestanding request and is unrelated to other requests under consideration. Conclusion: Approval of this request will not significantly contribute to the cumulative impacts of other Comprehensive Plan amendments. DISCUSSION OF ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant divulges no direct significant adverse environmental impacts. On August 22, 2007 a preliminary Determination of Nonsignificance (DNS) was issued for this proposal. The final DNS was issued on September 21, 2007 and the 15 -day appeal period lapsed on October 8, 2007. CONCLUSIONS The amendment is minor in nature: No adverse impacts have been identified by this amendment request. New commercial land uses would be more appropriate at this site than the continuation of the existing residential uses. RECOMMENDATIONS The Department of Community and Economic Development recommends APPROVAL of this Comprehensive Plan Future Land Use Map amendment request from Low Density Residential to Neighborhood/Community Commercial. 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. Discussion: Neighboring property owners have been mailed a Notice of Application and have been invited to submit written and oral comments on the proposed amendments. Upon review of the public comments received, it may be appropriate for the Hearing Examiner. or Regional Planning Commission to modify the Staff recommendation. DOC. Noel Corporation 5 INDEX Vicinity of 5` Avenue & W. Nob Hill Boulevard # CPA #2 -07, Rezone #4 -07, EC #12 -07 ?7,1 (2) The suitability of property in question for uses permitted under the proposed zoning. Discussion: The subject parcels share property lines with other properties zoned for Neighborhood Commercial land uses, and are essentially part of the larger Southgate Shopping Center complex. (3) The recommendations from interested agencies and departments. Discussion: To be determined. (4) Compliance with the Comprehensive Plan. Discussion: The Future Land Use Map designates the subject property as Low Density Residential, a designation that does not support the requested rezone from Single- Family Residential (R -1) to Small Convenience Center (SCC). However, the proposed amendment to the Future Land Use Map to designate the property as Neighborhood/Community Commercial would support the requested rezone as well as the alternative zoning designations. (5) The adequacy of public facilities, such as roads, sewer, water, and other required public services. Discussion: This property is currently served by all necessary public utilities. (6) The compatibility of the proposed zone change and associated uses with neighboring land uses. Discussion: Several neighboring properties located along W. Nob Hill Boulevard have been designated for commercial land uses and reflect a significant transition • of the corridor from residential to commercial land uses. (7) The Public need for the proposed change. Discussion: The parcels in question are located adjacent to a large shopping center. Most of the adjacent parcels have been rezoned in response to the area's transition towards increased commercial land uses. W. Nob Hill Boulevard has • become one of the most frequently traveled arterials in the City of Yakima. All neighboring properties are served by all necessary public utilities. CONCLUSIONS The amendment is minor in nature. No adverse impacts have been identified by this amendment request. The adjacent neighborhood area land uses are historically, and remain predominantly residential in nature. Direct access to the subject property from S. 5 Avenue is not recommended. DOC. INDEX • Noel 'Corporation 6 Vicinity of 5 Avenue & W. Nob Hill Boulevard CPA #2 -07, Rezone #4 -07, EC #12 -07 The subject property is adjacent to a large shopping center and other properties that have transitioned towards increased commercial activity. The requested rezone would more appropriately support the establishment of commercial land uses. The property should be rezoned as SCC, Small Convenience Center. This property is currently served by all necessary public utilities. RECOMMENDATIONS The Department of Community and Economic Development recommends APPROVAL of this rezone request from (R -1) Single- Family Residential to (SCC) Small Convenience Center. DOC. INDEX Noel Corporation 7 Vicinity of 5 Avenue & W. Nob Hill Boulevard CPA #2 -07, Rezone #4 -07, EC #12 -07 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: CPA #2 -07, Rezone #4 -07, EC #12 -07 The Noel Corporation 1015 S. 5,h Ave /5` Avenue & W. Nob Hill Blvd. I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 30th day of November , 2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda Ibarra Planning Specialist DOC. INDEX • 181325 -14510 181325 -14503 181325 -14524 PHILLIP & HOLLY MAHRE PIERRE R- GUARDIAN J JORGENSEN ES RICHARD L & MARILYN ROBILLAR 70 ROZA VIEW DR 1206 W YAKIMA AVE 1008 S 6TH AVE YAKIMA, WA 98901 SELAH, WA 98942 YAKIMA, WA 98902 -4520 Lt 181325 -14525 181325 -14429 V;• 181325 -14408 ROBERT R ALLMENDINGER ROBIN R WE',S SHEILA &CLARENCE COX COX 7101 BELL RD 10.3 ° 5T' A 1011 S 5TH AVE YAKIMA, WA 98901 YA A, A 98902 YAKIMA, WA 98902 -4509 181325 -41501 1: 325 -14402 181325 -1441 SHELLY M GILMOUR SOUTHGATE S ''PING CENTER LLC SO(THGAT SHO'•ING CENTER LL( 1107 S 6TH AVE PO :OX 11 PO :OX 11 YAKIMA, WA 98902 YAK MA, 'A 9890 : 1 YAK (4', WA 98907 -0111 f ) I 181325 -14405 181825 -1441 131325 -1-1. SOUTHGATE SHOPPING CENTER LLC SOU GATE HOPING - R LLC SIUTHGA' SOPPING CENTER LL( PO BOX 111 PO Bc 1 PO BO 111 YAKIMA, WA 98907 -0111 YAKIMA, WA 98907 -0111 YA , WA 98907 -0111 18 325 -14417 181325 -14543 181325 -41441 SOU'HGAT •HOPPI6 CE T R LLC SO 'HGATE :•O°'INe ER LLC STANLEY A & ELLEN J BRZOSKA PO LOX 1 PO BCC 1. 402 W NOB HILL BLVD ,.YAKI ►', WA 9: -0111 YAKI WA 98907 -0111 YAKIMA, WA 98902 181325 -41438 181325 -14518 181325 -14492 STANLEY A. BRZOSKA STEVEN C LANE STUART D & NANCY MC PHERSON 402 W NOB HILL BLVD 1005 S 6TH AVE 914 S 51ST AVE YAKIMA, WA 98902 -4635 YAKIMA, WA 98902 YAKIMA, WA 98908 -3718 • 181325 -14522 181325 -41002 181325 -41536 THOMAS A & THERESA CHAVERS TOMBARI -DELAY ENTERPRISES LMT PT TRUEMAN L & EILEEN E BROWN 1004 S 6TH AVE 960 PAULSEN BLDG 1107 S 5TH AVE YAKIMA, WA 98902 SPOKANE, WA 99201 YAKIMA, WA 98902 1 4474 V"" 181325 -14475 181325 -14502 V:NTU•i• ..ERNAN' Z VERENICE S MENDEZ VICKI CAMPBELL 911 5T AV 915 S 5TH AVE 1006 S 5TH AVE YA , WA - :902 YAKIMA, WA 98902 YAKIMA, WA 98902 181325 -14517 181325 -14523 WAYNE & KATRINA BAHADAR YVONNE M MARTIN 1007 S 6TH AVE 4109 W CHESTNUT AVE YAKIMA, WA 98902 YAKIMA, WA 98908 -3254 92 labels printed for map sheet noel ° LA2-1-S 0 hI"c 61 ( \ P c N ;,c,,....,- < < - 3 a - O7 2,P' h'� 6 J; DOC. '' sir t1 Chad Hatfield INDEX 710 Braeburn Crt Selah, WA. 98942 181325 -14552 1 1325 -1.430 )� (-1 181325 -14456 JEFF A & ANGELICA DEKKER JIFF R =R NN �" JESUS & ANITA & ALFONSO EST: 5701 BITTERROOT LN 10.5 - 5T• A - 918 S 5TH AVE YAKIMA, WA 98908 YA' WA 98902 YAKIMA, WA 98902 181325 -41004 I 181325 -14513 181325 -14457 JOAQUIN VELAZQUEZ JOHN C. TRUDEAU JOHN M. CARPENTER 511 S 12TH STI 1015 S 6TH AVE 1404 S 35TH PL YAKIMA, WA 98901 YAKIMA, WA 98902 -4519 YAKIMA, WA 98902 181325 -14455 181325 -14516 181325 -14520 JOHN WALKER JOSE M CASTILLEJA JUAN & FABIOLA VALENCIA 1012 S 96TH AVE - 1009 S 6TH AVE 506 STEWART AVE YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98902 181325 -14454 181325 -14551 181325-1,19 JUANA A VARGAS JUANITA BERRY LE.•C LIM e LLC 914 S 5TH AVE 916 S 4TH AVE 107 , 6TH ST # 4 YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98901 181325 -41537 181325 -14526 1:1325 41'14 LEGACY LIMITED I LLC LOREN JONES LIZ B•ZAN t . RR 107 N 6TH ST # 4 1012 S 6TH AVE 14•' S 31ST AVE YAKIMA, WA 98901 YAKIMA, WA 98902 -4520 YAKIMA, WA 98902 181325 -41515 • 181325- 14.419 111325 -'. .t99 LUZ BAZAN GUTI -ERREZ MAGDALENA & JUAN SERRANO MRGUE' T: L •■ ETT 1424 S 31ST AVE 404 STEWART ST 364 N 37TH A' YAKIMA, WA 98902 YAKIMA, WA 98902 YA A, WA •8902 7 ` I 181325 -14508 1813 5 -14 = 19 1132 41497 MARGUERITE L. HACKETT MARG■ER E ACKE T M'.RG- RITE . ACKETT 304 N 37TH AVE 304 N TH AVE 364 3 AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YA• MA, WA 98902 181325 -41498 181325 -14512 181325 -41001 UER a L. KETT MARK J & RUTH H VAN KOMMER MARSHALL K & KIMBERY CLARK 30' N .7TH .V' PO BOX 10841 2320 N ATLANTIC #300 YA WA 98902 YAKIMA, WA 98909 SPOKANE, WA 99205 181325 -41502 181325 -14413 181325 -41535 MARY E. ATTRIDGE MELISSA B MARTINEZ MYLES M & CATHERINE M FRANKL 1110 S 5TH AVE! 1009 S 5TH AVE • 1108 S 5TH AVE YAKIMA, WA 98902 -5533 YAKIMA, WA 98902 -4509 YAKIMA, WA 98902 7 • 181325 -14410 L 1,:1325 4564 181325 -14490 NOEL CORPORATION NUEL '0'•0' Ii NORA BURNHAM 1001 S 1ST ST ! 1001 S 1ST ST 917 S 4TH AVE YAKIMA, WA 98901 YA' A, WA 98901 YAKIMA, WA 0 2 -4546 v. INDEX 181325 -14491 i 181325 -14521 181325 - 14420 __,._ . -_ Q ��2 -- OMER G GRESS PATRICIA V BURCKHARD PAUL J OSTROWSKI 101 N 48TH AVE !# 15A 602 STEWART ST 310 STEWART ST 181325 -14514 - 181325 -14561 181325 -14504 ANDRES & REYNA MARTINEZ BASILIO & ESPERANZA S NAVARRO BILLY E & JOYCE ALTENHEIN 1013 S 6TH AVE 1010 S 4TH AVE 1010 S 5TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181325 -14414 181325 -14553 181325 -14411 ' BONNIE L. STICKLEY BRENT P BEAULAURIER BRIAN C & JANET M DIEHM LIV 1007 S 5TH AVE 918 S 3RD AVE AV S 901 W NOB HILL BLVD #169 YAKIMA, WA 98902 -4509 YAKIMA, WA 98902 YAKIMA, WA 98902 -5448 181325 -14519 181325 -14542 181325 -14501 BRIAN D BORDEAUX • BRIAN J HAMER CARLOS & YOLANDA SANCHEZ 1003 S 6TH AVE 1001 S 5TH AVE 1004 S 5TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 -4510 181325 -41442 181325 -14471 181325 -14545 CHARLES L & MARGARET NELSON CLEMICE BROWN CV PROPERTIES LLC 361 PLEASANT VALLEY RD 914 S 4TH AVE PO BOX 8287 YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98908 -8287 181325 -14418 181325 -14507 181325 -41541 DALE EAST DANIEL D SMITH DANIEL T & VIRGINIA A MARTI] 406 STEWART ST 3406 MEADOW LN 450 BADGER LANE YAKIMA, WA 98902 YAKIMA, WA 98903 MOXEE, WA 98936 ' 181325 -14515 181325 -14506 181325 -41003 DEBORAH L URVINA DIANNA M TURNER DONALD & CHRISTINE KEARBY 1011 S 6TH AVE 1014 S 5TH AVE 6801 W YAKIMA AVE YAKIMA, WA 98902 -4519 YAKIMA, WA 98902 YAKIMA, WA 98908 181325 -14476 181325 -14562 181 25 -145. ' EDGAR ROSALES EDWARD J & KIRSTEN L CHADWICK EDW•RD J . K RSTE CHADWIC 913 S 5TH AVE 406 SOUTH 70TH AVE 406 -OU'H 70 '. A YAKIMA, WA 98902 YAKIMA, WA 98908 YAKI WA 989x: 181325 -14529 1:1325- 0 181325 -14458 ELECTRO -MART INC E ECTR• -MAR' I ' ELIZABETH A MITCHELL PO BOX 194 PO BO '194 915 S 6TH AVE YAKIMA, WA 989070194 YA 0i•, WA 989070194 YAKIMA, WA 98902 -4517 i • 181325 -41443 181325 -14505 181325 -14560 ELSIE R. MEYER FRANCISCO DIAZ GEORGINA GUTIERREZ 1110 S 4TH AVE 1012 S 5TH AVE 1008 S 4TH AVE YAKIMA, WA 98902 -4633 YAKIMA, WA 98902 YAKIMA, WA 98902 • • 181325 -41448 181325 -14407 181325 -14500 HA SYNHAVONG IRIS M & JOSE L LOPEZ JACOB & KYRIA EVANS 1111 S 5TH AVE 411 W NOB HILL BLVD 502 STEWART • YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 DOS. -� 181325 -14421 81325 4558 81325- '.5 lNDCX 9 JAY & PATRICIA LA COURSIERE ' •Y • & “T LA'IUR IERE Y A P•T;;LAC PO BOX 326 31 1 HOLh I' 31' DLL' V' PA - -- MOXEE, WA 98936 -0326 MOXEE, WA 98936 MOXEE, WA 98936 Rebecca Barney Lorinda Anderson Bill Koss Dept of 'Corrections Interagency Comm. Outdoor Recreation Parks & Recreation Commission P O Box 41 1 l2 P O Box 40917 P O Box 42650 Olympia, WA. 98504 -1112 Olympia, WA. 98504 -0917 Olympia, WA. 98504 -2650 Elizabeth McNagny Bill Wiebe Kelly Cooper Dept of Social & Health Svcs Dept. of Transportation Dept of Health / Drinking Water P O Box 45848 P O Box 47300 P O Box 47820 Olympia WA. 98504 -5848 Olympia, WA. 98504 -7360 Olympia, WA. 98504 -7820 SEPA/GMA Coordinator Jennifer Hayes Hugo Flores Dept. of Ecology Dept of Fish & Wildlife WA State Dept of Natural Resources P O Box 47600 P O Box 43155 GMA/SMA Planning & State Harbor Areas Olympia, WA. 98504 -7600 Olympia, WA. 98504 -3155 • P 0 Box 47027 Olympia WA. 98504 -7027 iew Ron Shultz Rev Team am Puget Sound 'Water Quality Growth Management Svcs P 0 Box 40900 P O Box 42525 re � 'I f C J, , J Olympia, WA. 98504-0900 Olympia, WA. 98504 -2525 J P t..J'Z�� . ft t)1/�e( �� { • • • • • • • • DOC. INDEX OD -RG, SEPA Reviewer Mr. Greg Griffith Army Corps Dept. of Natural Resources Div. of Archeol & Hist. Pres. PO Box c -3755 713 Bowers Rd PO Box 48343 Seattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 r Sheila Ross Dept of Soc/Health Service Cascade Natural Gas Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. 1 Ave 1433 Lakeside Ct. Stel02 Yakima, WA 98902 MS OB-23B Yakima, WA 98902 Olympia, WA 98504 Chamber of Commerce Dept. of Health City of Union Gap 10 N 9 St. Michelle Vazquez Yakima, WA 98901 1500 W. 4 Ave. St. 305 PO Box 3008 Spokane, WA 99204 Union Gap, WA 98903 Dept. of Transportation Tom McAvoy Gary Pruitt P P Y Air Air Authority Planning Engineer Q -West 6 S. 2 " St., Room 1016 2809 Rudkin Road 8 S. 2 Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer 1200 6 Ave. MS 623 128 North 2 Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Nob Hill Water Co Yakima Co Planning Environ Review Section 128 N 2 " St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer Chuck Hagerhjelm • Pacific Power Yakima Co Pub. Services WA State Emergency Mgmt. Div. 128 N 2n St., 4 Floor Mitigation, Analysis & Planning Mgr Mike Paulson Yakima, WA 98901 Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services 128 N. 2 St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Toppenish, WA 98948 Olympia, WA 98504-2525 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 PO Box 151 DQC Toppenish, WIEM948 Federal Aviation Administration Cayla Morgan, Airport Planner Environmental Coordinator Mr. Doug Mayo Bureau of Indian Affairs Wastewater Treatment Plant Seattle Airports District Office PO Box 632 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Toppenish, WA 98948 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm Worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 'Donna J. Bunten Soil Conservation Dist Eric Bartrand Attn: Ray Wondercheck Critical Areas Coordinator Dept. of Fisheries 1606 Perry St Suite F D.O.E., Shorelands & Environ. 1701 S. 24 Ave Yakima, WA 98902 PO Box 47600 Yakima, WA 98902 Olympia, WA 98504 -7600 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District WV School District Attn: Ben Soria Yakima Greenway Foundation Attn: Peter Ansingh 4th 111 S. 18 St. 104 N. 4 Ave 8902 Zier Road Yakima, WA 98902 Yakima, WA 98901 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504 -8343 DOG. INDEX NOTICE OF REGIONAL PLANNING COMMISSION PUBLIC HEARING FOR AMENDMENTS TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP DATE: November 30, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located at the 1015 S. 5` Avenue/5 Avenue & W. Nob Hill Boulevard, CPA #2 -07, Rezone #4 -07, EC .# 12 -07 NOTICE OF PUBLIC HEARING The City of Yakima Department of Community & Economic Development has received an application from The Noel Corporation requesting a change to the City's Future Land Use Map from Low Density Residential to Neighborhood /Community Commercial, and SEPA Review. Should this amendment request be approved it would permit a concurrent rezone of the subject property(s) from R -1, Single - Family Residential to SCC, Small Convenience Center. An open record public hearing was conducted by the City's Hearing Examiner on October 11, P P g Y Y g 2007. Because the 15 -day SEPA appeal period had not yet expired as of the hearing date, the hearing was continued to October 19, 2007 to accommodate potential consolidation of any SEPA appeal hearing with the open record hearing. The hearing was closed on October 19, 2007. The Hearing Examiner recommends subject to approval of the request to change the land use designation by the Yakima City Council. The public hearing before the Regional Planning Commission has been scheduled for Wednesday, December 12, 2007 beginning at 3:00pm, in Council Chambers, City Hall, 129 N. 2 Street, Yakima, WA. 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. 2 Street, Yakima, WA 98901. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2" Floor City Hall, 129 N. 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Vaughn McBride, Associate Planner a5 (509) 576 -6315 or e -mail at vmcbride @ci.yakima.wa.us. Encl.: Narrative, Site Plan, Vicinity Map DOC, INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: SEPA Appeal #1 -07/ CP A4tca^o a r a 7 L j)r1 Brian Diehm / The Noel G r/ 1015 south 5` Ave I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner Decision. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, and parties of record, that said property ow I ers are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 29th day of Noviember,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. �(, Rosalinda Ibarra • Planning Specialist DOC. INDEX 1 Bryan Myre Lyon, Weigand & Gustafson P.O. Box 1689 Yakima, WA. 98907 Chad Hatfield 405 East Lincoln Yakima, WA. 98901 Brian Diehm 901 West Nob Hill #169 Yakima, WA. 98902 Z 0 � Q m c x• NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE REGIONAL PLANNING COMMISSION November 29, 2007 On November 23, 2007 the City of Yakima Hearing Examiner rendered his recommendation on an application by The Noel Corporation (UAZO RZ #4- 07, EC #12 -07, SEPA APP #1 -07, CPA #2 -07) requesting to rezone two parcels from Single- Family Residential (R -1) to the Small Convenience Center (SCC) zoning district. The application was reviewed at a public hearing held on September 27, 2007 and continued on, October 11, 2007 until after the SEPA Appeal period expired (October 8, 2007). Since an appeal was filed in opposition to the environmental determination of Nonsignificance (DNS) issued by the City of Yakima prior to expiration of the appeal period, the hearing was again continued until November 8, 2007 to hear arguments regarding the SEPA appeal. The Hearing Examiner affirmed the SEPA Determination of Non - significance and recommends that conditions be imposed on the requested rezone from R -1 to SCC. A copy of the Hearing Examiner's findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima • Regional Planning Commission in a public hearing to be scheduled for Wednesday, December 12, 2007 beginning at 3:OOpm, in Council Chambers, City Hall, 129 N. 2n Street, Yakima, WA. For further information or assistance you may contact Vaughn McBride, Associate Planner at (509) 576 -6315 at the Planning Division. . 1 { Doug Maples l Code Administrator & Planning Manager Date of Mailing: November 29, 2007 Enclosures: Hearing Examiner's Recommendation 1 DOC. INDEX # R--iI NOTICE OF APPEAL OF SEPA DETERMINATION OF NONSIGNIFICANCE DATE: October 19, 2007 TO: Appellant (Brian Diehm), Applicant (The Noel Corporation) FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of Appeal of Noel SEPA Determination of Non- Significance (DNS) for an application requesting a change to the Future Land Use Map designation and a change in zoning for property located in the vicinity of 5th Avenue and Nob Hill Boulevard, CPA #02 -07, Rezone #4 -07, EC #12 -07. Notice is hereby given that the City of Yakima, Division of Environmental Planning is processing an Appeal application submitted by Mr. Brian Diehm. Mr. Diehm is appealing a SEPA Determination of Non - Significance (DNS) issued September 7, 2007 concerning a requested change of the Future Land Use Map designation and the concurrent rezone of property located in the vicinity of S. 5 Avenue and Nob Hill Boulevard (CPA #02 -07, Rezone #4 -07, EC #12 -07). NOTICE OF PUBLIC HEARING This action requires that a Public Hearing be held by the Hearing Examiner. The public hearing before the Hearing Examiner is a continuation of the zoning amendment hearing initiated on September 27, 2007, and continued to November 8, 2007 to hear the appeal of the SEPA Determination of Non - Significance issued September 7, 2007. The Hearing Examiner shall issue a decision on the SEPA appeal at the conclusion of the hearing. The decision of the hearing examiner on the SEPA appeal shall be final and not subject to further administrative appeal The Public Hearing has been scheduled to be held on Thursday, November 8, 2007 beginning at 10:00 a.m. in the Council Chambers, Yakima City Hall, and 129 North 2 ❑d Street, Yakima, WA. DOC. INDEX # B -lb • AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: EC #1.2 -06 The Noel Corp. 5 Ave & Nob Hill I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of DNS. A true and co r copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies, State Agencies Reviewing Comp Plans and all property owners and parties of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 21 st day of Sept ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein . are just and true. Myron Menard Planning Specialist _ DOC. INDEX . 181325 -14510 181325 -14503 181325 -14524 PHILLIP & HOLLY MAHRE PIERRE R- GUARDIAN J.JORGENSEN ES RICHARD L & MARILYN ROBILLA 70 ROZA VIEW DR 1206 W YAKIMA AVE 1008 S 6TH AVE YAKIMA, WA 98901 .SELAH, WA 98942 YAKIMA, WA 98902 -4520 1 I 181325 -14525 •813 5- 14429, 181325 -14408 ROBERT R ALLMENDINGER -OB R KS SHEILA &CLARENCE COX COX 7101 BELL RD 1.0: H •Vc 1011 S 5TH AVE • YAKIMA, WA 98901 Y•'IMA, WA 9:902 YAKIMA, WA 98902 -4509 181325 -41501 2'0225-14,12 11325-1A03 SHELLY M GILMOUR SOU GAT' SHO'PI ' .L• R LLC S•UTHG•.E H•=•IN CENTER L' 1107 S 6TH AVE PO Bb 11 PO BO. 111 YAKIMA, WA 98902 YAKIMA, WA 98907 -0111 YAK WA 98907 -0111 • . '/ 181325 -14405 1813 5 -144.2 18'325-1.41, SOUTHGATE SHOPPING CENTER LLC SOUT'GAT SHOP .4G CE' LLC SOITHG•'E S -'•ING CENTER L. PO BOX 111 PO BO`• 1 PO O. 111 YAKIMA, WA 98907 -0111 YAKIMA, WA 98907 -0111 1 YAKI••, WA 98907 -0111 • 1:'325 -14417 181 25 -1454 181325 -41441 SO THGAT S'■PPI' '. N ..R LLC SOU' GATE OP "INc CE -' LLC STANLEY A & ELLEN J BRZOSKA PO :OX 1 PO B•X 11 402 W NOB HILL BLVD YAKI -•, WA 98907 -0111 YAKI4•, •A 98907 -0111 YAKIMA, WA 98902 181325 -41438 181325 -14518 181325 -14492 STANLEY A. BRZOSKA STEVEN C LANE STUART D & NANCY MC PHERSON 402 W NOB HILL BLVD 1005 S 6TH AVE 914 S 51ST AVE YAKIMA, WA 98902 -4635 YAKIMA, WA 98902 YAKIMA, WA 98908 -3718 • • 16132.5 -14522 181325 -41002 181325 -41536 THOMAS A & THERESA CHAVERS . TOMBARI -DELAY ENTERPRISES LMT PT TRUEMAN L & EILEEN E BROWN 1004 S 6TH AVE 960 PAULSEN BLDG 1107 S 5TH AVE YAKIMA, WA 98902 SPOKANE, WA 99201 YAKIMA, WA 98902 1 %1325 -14474 181325 -14475 181325 -14502 V:NTURA ' -•ANDEZ VERENICE S MENDEZ VICKI CAMPBELL 911 S H AV' 915 S 5TH AVE 1006 S 5TH AVE YA^ A, WA 9890 YAKIMA, WA 98902 L YAKIMA, WA 98902 I • 181325 -14517 181325 -14523 WAYNE & KATRINA BAHADAR YVONNE M MARTIN 1007 S 6TH AVE 4109 W CHESTNUT AVE • YAKIMA, WA 98902 YAKIMA, WA 98908 -3254 92 labels printed for map sheet noel - 14S V ;7 t _f '� DOC. 11 INDEX • 13 181325-14514 • 181325-14561 181325 -14504 ' ANDRES & REYNA MARTINEZ BASILIO & ESPERANZA S NAVARRO BILLY E & JOYCE ALTENHEIN 1013 S 6TH 'AVE 1010 S 4TH AVE 1010 S '5TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181325 -14414 I 181325 -14553 181325 -14411 BONNIE L. STICKLEY BRENT.P BEAULAURIER BRIAN C & JANET M DIEHM LI' 1007 S 5TH AVE 918 S 3RD AVE AV S 901 W NOB HILL BLVD #169 i YAKIMA, WA 98902 -4509 - YAKIMA, WA 98902 YAKIMA, WA 98902 -5448 181325 -14519 181325 -14542 181325 -14501 BRIAN D BORDEAUX BRIAN J HAMER • CARLOS & YOLANDA SANCHEZ 1003 S 6TH AVE 1001 S 5TH AVE 1004 S 5TH AVE • YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA,,WA 98902 -4510 • ' 181325 -41442 181325 -14471 181325 -14545 CHARLES L & MARGARET NELSON CLEMICE BROWN CV PROPERTIES.LLC 361 PLEASANT VALLEY RD 914 S 4TH AVE PO BOX 8287 YAKIMA, WA 98908 - YAKIMA, WA 98902 I YAKIMA, WA 98908 -8287 I 181325 -14418 181325 -14507 181325 -41541 DALE EAST • DANIEL D SMITH DANIEL T & VIRGINIA A MART 406 STEWART ST 3406 MEADOW LN ' 450 BADGER LANE YAKIMA, WA 98902 YAKIMA, WA 98903 MOXEE, WA 98936 181325 -14515 181325 -14506 181325 -41003 DEBORAH L URVINA DIANNA M TURNER DONALD & CHRISTINE KEARBY 1011 S 6TH AVE 1014 S 5TH AVE . 6801 W YAKIMA AVE YAKIMA, WA 98902 -4519 YAKIMA, WA 98902 YAKIMA, WA 98908 181325 -14476 181325 -14562 ' 181325 14 - 63 EDGAR ROSALES ' 'EDWARD J & KIRSTEN L CHADWICK AWARD J & KIRS' N L 'HADW 913 S 5TH AVE 406 SOUTH 70TH AVE'• 406 :OUTH 0T- AVE YAKIMA, WA 98902 YAKIMA, WA 98908 Y• :MA, WA 98908 1 181325 -14529 181325- ' 0 3> 181325 -14458 ELECTRO -MART INC LECTRe -MA' INC • ELIZABETH A MITCHELL PO BOX 194 '0 B. 194 • 915 S 6TH AVE • YAKIMA, WA 989070194 Y MA, WA 989070194 YAKIMA, WA 98902 -4517 I 181325 -41443 181325 -14505 181325 -14560 ELSIE R. MEYER FRANCISCO DIAZ GEORGINA GUTIERREZ . 1110 S 4TH AVE 1012 S 5TH AVE 1008 S 4TH AVE • YAKIMA; WA 98902 -4633 YAKIMA, WA 98902 YAKIMA, WA 98902. 181325 -41448 181325 -14407 181325 -14500 HA SYNHAVONG • IRIS M & JOSE L LOPEZ ' JACOB & KYRIA EVANS 1111 S 5TH AVE ' 411 W NOB BLVD 502 STEWART YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 • DDEX 7 1 181325 -14421 18 325- '558 18■325 -1.55• JAY & PATRICIA LA COURSIERE JA A : •'T L. OUR ' JA A . PAfr' •U:SIERE • PO BOX 326 31 S OLL oR 312 - HOL ' MOXEE, WA 98936 -0326 MOX' WA 98936 MOXEE, WA 98936 181325 14552 81325 -1443 181325 -14456 JEFF A & ANGELICA DEKKER 1FF ' BRU JESUS & ANITA & ALFONSO ESTF 5701 BITTERROOT LN 1101 S 5 ' A -. 918 S 5TH AVE • YAKIMA, WA 98908 Y• IMA, WA 98902 YAKIMA, WA 98902 181325 -41004 181325 -14513 181325 -14457 JOAQUIN VELAZQUEZ JOHN C. TRUDEAU JOHN. N. CARPENTER 511 S 12TH ST 1015 S 6TH AVE 1404 S 35TH PL YAKIMA, WA 98901 YAKIMA, WA 98902 -4519 YAKIMA, WA 98902 • 181325 -14455 181325 -14516 181325 -14520 • JOHN WALKER JOSE M CASTILLEJA JUAN & FABIOLA VALENCIA 1012 S.96TH AVE 1009 S 6TH AVE 506 STEWART AVE YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98902 181325 -14454 181325 -14551 :132 -41119 JUANA A VARGAS JUANITA BERRY L.GA, LI '6 I LLC 914 S 5TH AVE 916 S 4TH AVE 10 6TH ST # 4 YAKIMA, WA 98902 I YAKIMA, WA 98902 1 YAKIMA, WA 98901 181325 -41537 181325 -14526 18 325 4151• LEGACY LIMITED I LLC LOREN JONES • LUZ B Z• = TI- " EZ 107 N 6TH ST # 4 1012 S 6TH AVE 142• S 31ST AVE YAKIMA, WA 98901 YAKIMA, WA 98902 -4520 YAKIMA, WA 98902 • • 181325 -41515 181325 -14419 181325 -41499 LUZ BAZAN GUTIERREZ MAGDALENA &,JUAN SERRANO MARGUERITE L HACKETT 1424 S 31ST AVE 404 STEWART ST 304 N 37TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 • 7 181325 -14508 18'325- 4•09 8132 -'149 MARGUERITE L. HACKETT MAi'GU 'IT L. •CK' ' ■•RG L. HACKETT 304 N 37TH AVE 30• N 37TH ' E 36 N 37TH AVE YAKIMA, WA 98902 YA WA 98902 YAKIMA, WA 98902 I 1 +81325 -.1498 ^/ 181325 -14512 181325 -41001 ►'RGUr• qE L H•CKETT MARK J & RUTH H VAN KOMMER MARSHALL K & KIMBERY CLARK 36. ■ 37 •VE PO BOX 10841 2320 N ATLANTIC #300 YA MA, WA 98902 I YAKIMA, WA 98909 SPOKANE, WA 99205 • 181325 -41502 181325 -14413 181325 -41535 MARY E. ATTRIDGE MELISSA B MARTINEZ MYLES M & CATHERINE M FRANK: 1110 S 5TH AVE 1009 S 5TH AVE 1108 S 5TH AVE YAKIMA, WA 98902 -5533 YAKIMA, WA 98902 -4509 YAKIMA, WA 98902 181325 -14410 .81325 -,4.64 181325 -14490 NOEL CORPORATION *EL C'.RFO'.t ON NORA BURNHAM 1001 S 1ST ST 1.01 ' 1ST ST 917 S 4TH AVE YAKIMA, WA 98901 YA' WA 98901 YAKIMA, WA 98902 -4546 DOC. INDEX 181325 -14491 ' - 181325 -14521 181325 -14 ,120 OMER G GRESS PATRICIA V BURCKHARD PAUL J 09 ROWSKI 101 N 48TH AVE # 15A 602 STEWART ST 310 STEWART ST VT VTMT ♦.9T nnnnn n,nr .. +.. - .. - .. 1 OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Mr. Greg Griffith PO Box c -3755 713 Bowers Rd Div. of Archeol & Hist. Pres. Seattle, WA 98124 Ellensburg, WA 98926 l O Box 48343 Olympia, WA 98504 Sheila Ross Dept of Soc/Health Service Cascade Natural Gas Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. l Ave MS OB-23B 1433 Lakeside Ct. Stel02 Yakima, WA 98902 Yakima, WA 98902 Olympia, WA 98504 Chamber of Commerce Dept. of Health City of Union Gap 9th Michelle Vazquez PO Box 3008 10 N 9 St. 1500 W. 4 Ave. St. 305 Yakima, WA 98901 Spokane, WA 99204 Union Gap, WA 98903 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2° St., Room 1016 2809 Rudkin Road 8 S. 2nd Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulc 1200 6 Ave. MS 623 128 North 2 Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2 St. PO Box 47703 6111 Tieton Drive • Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer WA State Emergency Mgmt. Div. Pacific Power Yakima n C o Pub. Services Mitigation, Analysis & Planning Mike Paulson 128 N 2 St., 4 Floor Supervisor - Building 20 500 N. Keys Rd Yakima, WA 98901 Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services 128 N. 2 St. 4` Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 Box 151 Olympia, WA 98504 -2525 To Toppenish, WA 98948 Mr. Philip Rigdon ' Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4 Street STE 202 Environmental Prote tion Prog. Toppenish, WA 98948 Yakima, WA 98901 PO Box 151 DOC. Toppenish, WAIN I i Federal Aviation Administration Environmental Coordinator Mr. Doug Mao Cayla Morgan, Airport Planner g y Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant 1601 Lind Ave. S.W. PO Box 632 Renton, WA 98055 -4056 Toppenish, WA 98948 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Soil Conservation Dist Donna J. Bunten Eric Bartrand Attn: Ra Wondercheck Critical Areas Coordinator y D.O.E., Shorelands & Environ. Dept. of Fisheries 1606 Perry St Suite F PO Box 47600 1701 S. 24 Ave Yakima, WA 98902 Olympia, WA 98504-7600 Yakima, WA 98902 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District Yakima Greenway Foundation WV School District Attn: Ben Soria �, Attn: Peter Ansignh m 111 S. 18 St. 104 N. 4 Ave 8902 Zier Road WA 98901 Yakima, WA 98902 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504 -8343 • DOC. INDEX • • • • • • Rebecca Barney Lorinda Anderson Bill Koss Dept of Corrections Interagency Comm. Outdoor Recreation • Parks & Recreation POBox41112 POBox40917 POBox42650 Olympia, WA. 98504 -1112 Olympia, WA. 98504 -0917 Olympia, WA. 98504 -2650 Elizabeth McNagny Bill Wiebe John Aden Dept of Social & Health Svcs Dept. of Transportation • Dept of Health / Drinking Water PO Box 45848 POBox47300 PO Box 47822 Olympia WA. 98504 -5848 Olympia, WA. 98504 -7360 Olympia, WA. 98504 -7822 SEPA/GMA Coordinator Jennifer Hayes Anne Sharar Dept. of Ecology . , Dept of Fish & Wildlife Dept of Natural Resources POBox47600 PO Box 43155 POBox47001 Olympia, WA. 98504 -7600 Olympia, WA. 98504 -3155 Olympia WA. 98504 -7001 Ron Shultz Review Team Puget Sound Water Quality CTED P 0 Box 40900 Growth Management Svcs Olympia, WA. 98504 -0900 P 0 Box 42525 Olympia, WA. 98504 -2525 DOC. INDEX # B-9 Legal Notice WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON September 21, 2007 PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting an Arterial Commercial designation. PROPONENT: The Noel Corporation LOCATION: Vicinity of 5th Avenue & W. Nob Hill Boulevard, Yakima, WA LEAD AGENCY: City of Yakima FILE NUMBER: UAZO EC #12 -07 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), provided the measures listed below are taken to mitigate potential adverse impacts. 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 -340 (2). 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: Richard A. Zais POSITION / TITLE: City Manager TELEPHONE: 509 / 575 -6040 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: September 21, 2007 IN You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. No later than: October 5, 2007 By (method) Complete appeal application form and payment of $505 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. ❑ There is no agency appeal. • Final DNS — The Noel Corporation DOC. CPA #2 -07, RZ #4 -07, EC #12 -07 INDEX # B - �] Press Release WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON September 21, 2007 PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting an Arterial Commercial designation. • PROPONENT: The Noel Corporation LOCATION: Vicinity of 5 Avenue & W. Nob Hill Boulevard, Yakima, WA LEAD AGENCY: City of Yakima FILE NUMBER: UAZO EC #12 -07 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), provided the measures listed below are taken to mitigate potential adverse impacts. 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 -340 (2). 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: Richard A. Zais POSITION / TITLE: City Manager TELEPHONE: 509 / 575 -6040 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: September 21, 2007 IN You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2' Street, Yakima, WA 98901. No later than: October 5, 2007 By (method) Complete appeal application form and payment of $505 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. ❑ There is no agency appeal. • DOC. Final DNS; —The Noel Corporation INDEX CPA #2 -07, RZ #4 -07, EC #12 -07 # 1 j1 ✓ , g NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) September 21, 2007 On August 22, 2007 the City of Yakima, Washington issued a Notice of Application and Environmental Review and Preliminary SEPA Determination of Nonsignificance regarding an Environmental Checklist application submitted by The Noel Corporation. This review concerns the environmental analysis for a request to change the Future Land Use Map, and Rezone the property in the vicinity of 5 Avenue and W. Nob Hill Boulevard, Yakima, Washington. Parcel number: #181325 -14405 and 181325 -14410 City File Number: The Noel Corporation UAZO EC #12-07 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 15 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 $505.00 must accompany the Appeal Application. For further information or assistance, you may wish to contact Vaughn McBride, Associate Planner at (509) 576 -6315 at the City Planning Division. Doug Maples Planning & Code Administration Manager Notice of Decision Mailing Date: September 21, 2007 Enclosures: SEPA Determination of Nonsignificance Site Plan, Vicinity Map and Mailing Map DOD. INDEX WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON September 21, 2007 PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting an Arterial Commercial designation. PROPONENT: The Noel Corporation LOCATION: Vicinity of 5 Avenue & W. Nob Hill Boulevard, Yakima, WA LEAD AGENCY: City of Yakima FILE NUMBER: UAZO EC #12 - 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), provided the measures listed below are taken to mitigate potential adverse impacts. 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 -340 (2). 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: Richard A. Zais POSITION / TITLE: City Manager TELEPHONE: 509 / 575 -6040 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: September 21, 2007 SIGNATURE: \��\ DOG. Final DNS — The Noel Corporation `NpEX CPA #2 -07, RZ #4-07, EC #12-07 q _ o You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901. No later than: October 5, 2007 By (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. ❑ There is no agency appeal. DOC. Final DNS - The Noel Corporation 2 INDEX CPA #2 -07, RZ #4-07, EC #12 -07 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: CPA #2 -07, RZ #4 -07, EC #12 -07 The Noel Corporation Vicinity of 5 Ave & W. Nob Hill Blvd I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Amended Application and Environmental Review and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEFA reviewing agencies and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 7th day of September ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Myron Menard Planning Specialist DOC. INDEX # .6-$ . 181325 -14510 181325 -14503 181325 -14524 . PHILLIP & HOLLY MAHRE PIERRE R- GUARDIAN J JORGENSEN ES RICHARD L & MARILYN ROBILLA 70 ROZA VIEW DR 1206 W YAKIMA AVE 1008 S 6TH AVE YAKIMA, WA 98901 SELAH, WA 98942 YAKIMA, WA 98902 -4520 181325 -14525 181325 -14429 K 181325 -14408 ROBERT R ALLMENDINGER - OBI R EKS • SHEILA &CLARENCE COX COX 7101 BELL RD 00. 5Th • E 1011 S 5TH AVE YAKIMA, WA 98901 "'IMA, WA 98902 YAKIMA, WA 98902 -4509 181325 -41501 1 -1440- 18 325 -14.03 SHELLY M GILMOUR .OUTHGAT': SHOPPING C.ITER - SO THGA ' .HOPP - NTER L 1107 S 6TH AVE '0 BOX 11 PO BOX 11 YAKIMA, WA 98902 AK' WA 989: 0111 . YA WA 98907 -0111 3 D 1;;1325 -14': 11325 -1441 18 2. -14416 S4UTHGAP SOPPING CENT • LC SOUTHGATE HOP• NG ' TER - C SOUTHLATE S..PPtNG C ITER L PO BO 111 PO BOX 1 PO BO 11 YA' WA 9:•. -0111 YA■ WA 98907 -0111 YAKIMA, ^A 98907 -0111 181325- 14417. 181:25 -14 - 1:1325 -4144 SOUTHGATE SHOPPING CENTER LLC SOU HGA ' SHOPPING ENTER LLC STANLEY A . EL■ N ' "OSKA PO BOX 111 PO G• 11 4e2 W N' HILL B VD YAKIMA, WA 98907 -0111 YAKIMA, WA 98907 -0111 YA. u•, WA 98902 181325 -41438 181325 -14518 181325 -14492 STANLEY A. BRZOSKA STEVEN C LANE STUART D & NANCY MC PHERSON 402 W NOB HILL BLVD 1005 S 6TH AVE 914 S 51ST AVE YAKIMA, WA 98902 -4635 YAKIMA, WA 98902 YAKIMA, WA 98908 -3718 - 181325 -14522 181325 -41002 181325 -41536 THOMAS_A & THERESA CHAVERS TOMBARI -DELAY ENTERPRISES LMT PT TRUEMAN L & EILEEN E BROWN 1004 S 6TH AVE 960 PAULSEN BLDG 1107 S 5TH AVE YAKIMA, WA 98902 SPOKANE, WA 99201 YAKIMA, WA 98902 1 1 • 181325 -14474 181325 -14475 181325 -14502 VENTURA HERNANDEZ VERENICE S MENDEZ VICKI CAMPBELL 917 S 5TH AVE 915 S 5TH AVE • 1006 S 5TH AVE • YAKIMA, WA 98902 YAKIMA, WA 98902 [ YAKIMA, WA 98902 - . 181325 -14517 181325 -14523 WAYNE & KATRINA BAHADAR YVONNE M MARTIN 1007 S 6TH AVE 4109 W CHESTNUT AVE YAKIMA, WA 98902 YAKIMA, WA 98908 -3254 R A0 0 d A a ) (7 92 labels printed for map sheet noel — o►. i + � �g S f ''" DOC. INDEX t'-( • # .181325 -14552 18 325- 4430 (4.Cl'CC) 181325 -14456 JEFF A & ANGELICA DEKKER JE ;F R -"UNN JESUS & ANITA & ALFONSO EST 5701 BITTERROOT LN 1045 s 5' AVE 918 S 5TH AVE YAKIMA, WA 98908 YA ' •, WA 98902 YAKIMA, WA 98902 . 181325 -41004 181325 -14513 181325 -14457 JOAQUIN VELAZQUEZ JOHN C. TRUDEAU JOHN M. CARPENTER 511 S 12TH ST i 1015 S 6TH AVE 1404 S 35TH PL YAKIMA, WA 98901 YAKIMA, WA 98902 -4519 YAKIMA, WA 98902 1 • 181325 -14455 181325 - 14516 181325 -14520 JOHN WALKER JOSE M CASTILLEJA JUAN & FABIOLA VALENCIA 1012 S 96TH AVE 1009 S „6TH AVE 506 STEWART AVE YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98902 . 181325 -14454 181325 -14551 1813 5 -41019 JUANA A VARGAS' . . JUANITA BERRY LEGA Y LIM ED L ' 914 S 5TH AVE 916 S 4TH AVE 107 i 6T ST if ' . YAKIMA, WA 98902 I YAKIMA, WA 98902 YAKI0• A 98901 181325 -41537 181325 -14526 181325 -41514 LEGACY LIMITED I LLC LOREN JONES LUZ BAZAN GUTIERREZ 107 N 6TH ST # 4 1012 S 6TH AVE 1424 S 31ST AVE YAKIMA, WA 98901 YAKIMA, WA 98902 -4520 YAKIMA, WA 98902' . _J 181325 -41515 181325 -14419 18'325- •99 LUZ BAZAN GUTIERREZ MAGDALENA & JUAN SERRANO MA'GU 'ITS L •CKE 1424 S 31ST AVE 404 STEWART ST 30'' 37TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAK •, WA 98902 181325 -14508 181325 -14 18 325 -4 " 7 MARGUERITE L. HACKETT .MA'GUER E . HAC TT MA'GUE: TE L. - ' T 304 N 37TH AVE 30• N TH Av 304 37TH YAKIMA, WA 98902 YAA WA 98•.2 YAKIMA, WA 98902 1 :1325 -41498 181325 -14512 181325 -41001 'RG "ITE L HA MARK J & RUTH H VAN KOMMER MARSHALL K & KIMBERY CLARK 3,4 3•TH , E PO BOX 10841 • 1 2320 N ATLANTIC #300 Y• IMA, "•-98902 1 YAKIMA, 'WA 98909 SPOKANE, WA 99205 181325 -41502 ! 181325 -14413 181325 -41535 MARY E. ATTRIDGE MELISSA 3 MARTINEZ MYLES M & CATHERINE M FRANKL: 1110 S 5TH AVE 1009 S 5TH AVE 1108 S 5TH AVE YAKIMA, WA 98902 -5533 YAKIMA, WA 98902 -4509 YAKIMA, WA 98902 1 181325 -14410 181325- • 64 181325 -14490 NOEL CORPORATION DEL 4RPO -•" ON . NORA BURNHAM 1001 S 1ST ST 1 1ST ST 917 S 4TH AVE YAKIMA, WA 98901 YA •, WA 98901 YAKIMA, WA 98902 -4546 DOC. INDEX 181325 -14491 181325 -14521 181325 -14420 i�{{ OMER G_GRESS PATRICIA V BURCKHARD PAUL J OSTROWSIC '- i3 4 101 N 48TH AVE # 15A 602 STEWART ST 310 STEWART ST •YAKIMA, WA 98908 -3175 YAKIMA, WA 98902 — ` YAKIMA, WA 98902 181325 -14514 181325 -14561 181325 -14504 ANDRES & REYNA MARTINEZ BAS•ILIO & ESPERANZA S NAVARRO BILLY E & JOYCE ALTENHEIN 1013 S 6TH AVE 1010 S 4TH AVE 1010 S 5TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181325 -14414 181325 -14553 181325 -14411 BONNIE L. STICKLEY BRENT P BEAULAURIER BRIAN C & JANET M DIEHM LIVI 1007 S 5TH AVE 918 S 3RD AVE AV S 901 W NOB HILL BLVD #169 YAKIMA, WA 98902 -4509 YAKIMA, WA 98902 YAKIMA, WA 98902 -5448 181325 -14519 181325 -14542 181325 -14501 BRIAN D BORDEAUX BRIAN J HAMER CARLOS & YOLANDA SANCHEZ 1003 S 6TH AVE 1001 S 5TH AVE 1004 S 5TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA .98902 -4510 181325 -41442 181325 -14471 181325 -14545 CHARLES L & MARGARET NELSON CLEMICE BROWN CV PROPERTIES LLC 361 PLEASANT VALLEY RD 914 S 4TH AVE PO BOX 8287 YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98908 -8287 .I 181325 -14418 181325 -14507 181325 -41541 DALE EAST DANIEL D SMITH DANIEL T & VIRGINIA A MARTIN 406 STEWART ST 3406 MEADOW LN 450 BADGER LANE YAKIMA, WA 98902 YAKIMA, WA 98903 MOXEE, WA 98936 181325 -14515 181325 -14506 181325 -41003 DEBORAH L URVINA DIANNA M TURNER DONALD & CHRISTINE KEARBY 1011 S 6TH AVE 1014 S 5TH AVE 6801 W YAKIMA AVE YAKIMA, WA 98902 -4519 YAKIMA, WA 98902 . YAKIMA, WA 98908 • 181325 -14476 181325 -14562 18 325 -14 .3 EDGAR ROSALES EDWARD J & KIRSTEN L CHADWICK ED 'RD J & KI•. TE' CHADWIC 913 S 5TH AVE 406 SOUTH 70TH AVE 406 SO H 70TH • E YAKIMA, WA 98902 YAKIMA, WA 98908 YAK -, WA 98908 181325 -14529 4, 81325- ' 30 181325 -14458 ELECTRO -MART INC D ECT•0- •RT I ELIZABETH A MITCHELL PO BOX 194 P' :40X 194 915 S 6TH AVE YAKIMA, WA 989070194 YA'IMA, WA - :9070194 YAKIMA, WA 98902 -4517 .1 181325 -41443 181325 -14505 181325 -14560 ELSIE R. MEYER FRANCISCO DIAZ GEORGINA GUTIERREZ 1110 S 4TH AVE 1012 S 5TH AVE 1008 S 4TH AVE YAKIMA, WA 98902 -4633 YAKIMA, WA 98902 YAKIMA, WA 98902 181325 -41448 181325 -14407 181325 -14500 HA SYNHAVONG IRIS M & JOSE L LOPEZ JACOB & KYRIA EVANS 1111 S 5TH AVE 411 W NOB HILL BLVD 502 STEWART YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98904DO C, INDEX D # 6,$ 181325 -14421 8132 -14558 181325 -14559 JAY & PATRICIA LA COURSIERE •Y • . P•.' _• COURSIERE JAY A & PAT LACOURSIERE PO BOX 326 3 , S •_ Y D' 312 S HOLLY DR MOXEE, WA 98936 -0326 MOXEE, WA 98936 MOXEE, WA 98936 Rebecca Barney Lorinda Anderson Bill Koss Dept of Corrections Interagency Comm. Outdoor Recreation Parks & Recreation P O Box 41112 P O Box 40917 P O Box 42650 Olympia, WA. 98504 -1112 Olympia, WA. 98504 -0917 Olympia, WA. 98504 -2650 • Elizabeth McNagny Bill Wiebe John Aden Dept of Social & Health Svcs Dept. of Transportation Dept of Health / Drinking Water POBox45848 POBox47300 POBox47822 Olympia WA. 98504 -5848 Olympia, WA. 98504 -7360 Olympia, WA. 98504 -7822 • SEPA/GMA Coordinator ' Jennifer Hayes • Anne Sharar Dept. of Ecology Dept of Fish & Wildlife Dept of Natural Resources P O Box 47600 P O Box 43155 P O Box 47001 Olympia, WA. 98504 -7600 . Olympia, WA. 98504 -3155 Olympia WA. 98504 -7001 Ron Shultz Review Team CTED Puget Sound Water Quality Growth Management Svcs POBoz40900 POBox42525 Olympia, WA. 98504 -0900 • Olympia, WA. 98504 -2525 • • • • / • • • • • DOC. INDEX Federal Aviation Administration Environmental Coordinator Cayla Morgan, Airport Planner Doug Mayo Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant Box 632 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council • Office of Farm worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Soil Conservation Dist Donna J. Bunten Critical Areas Coordinator Eric Bartrand Attn: Ray Wondercheck Dept. of Fisheries 1606 Perry St Suite F D.O.E., Shorelands & Environ. PO Box 47600 1701 S. 24` Ave Yakima, WA 98902 Yakima, WA 98902 Olympia, WA 98504 -7600 Martin Humphries Mr. Scott Nicolai Mr. Buck'Taylor Yakima Valley Museum Yakama Indian Nation- Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District Yakima Greenway Foundation WV School District Attn: Ben Soria Attn: Peter Ansignh m 111 S. 18 St. 104 N. 4 Ave 8902 Zier Road y ma, WA 98901 Yakima, WA 98902 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box. 48343 Olympia, WA 98504 -8343 DOC. INDEX # 'g OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Mr Greg Griffith PO Box c -3755 713 Bowers Rd Div. of Archeol & Hist. Pres. Seattle, WA 98124. Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Sheila Ross Dept of Soc/Health Service Cascade Natural Gas WA State Attorney Gen. Office '701 S. 1 Ave Capital Programs Ofc. Bldg #2 1433 Lakeside Ct. Ste102 Yakima, WA 98902 MS OB -23B Yakima, WA 98902 Olympia, WA 98504 Dept. of Health Chamber of Commerce City of Union Gap �, j Michelle Vazquez 10 N 9 St. Yakima, WA 98901 1500 W. 4 Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2 St., Room 1016 2809 Rudkin Road 8 S. 2 Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Mr Lee Faulconer 1200 6 Ave. MS 623 128 North 2 Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 ' Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2 St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer WA State Emergency Mgmt. Div. Pacific Power Yakima Co Pub. Services 128 N 2 St., 4 Floor Mitigation, Analysis & Planning Mike Paulson Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services 128 N. 2 St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98948 ymP Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima WA 98901 PO Box 151 C 1 Toppenish, WA 98 dEX # $ -g REVISED NOTICE OF APPLICATION DATE: September 7, 2007 TO:. Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located in the vicinity of 5 p Avenue and Nob Hill Boulevard, CPA #02 -07, Rezone #4-07, EC #12-07 is notaceis ect ; in re becawset) here; vasm�ssingor n,t6e ong �nallnotice � NOTICE OF APPLICATION • The City of Yakima Department of Community & Economic Development has received an application from The Noel Corporation requesting a change to the City's Future Land Use Map from Low Density Residential to Neighborhood/Community Commercial. Should this amendment request be approved it would permit a concurrent rezoning of the subject property from R -1, Single - Family Residential to Small Convenience Center. The initial notice of application issued August 22, 2007 omitted the Land Use Application, and Rezone Application cover sheet. NOTICE OF ENVIRONMENTAL REVIEW This is to notify all 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. Accompanying this notice is a preliminary Determination of Nonsignificance (DNS), which is subject to a 20-day comment period. REOUEST FOR WRITTEN COMMENTS Your views on the proposal are welcome. All written comments received by September 11, 2007 will be considered prior to issuing a written recommendation to the Regional Planning Commission. Please mail your comments on this project to: DO C, INDEX D oug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. , Please be sure to reference the file number or applicant's name in your correspondence. NOTICE OF PUBLIC HEARING This comprehensive plan map amendment request and rezone will require two public hearings; one before the Hearing Examiner to be followed by a public hearing before the Regional Planning Commission. The public hearing before the Hearing Examiner has been scheduled for Thursday, September 27, 2007 beginning at 9:00am, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. 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 public notice will be provided for the public hearing before the Regional Planning Commission. 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, Washington. If you have any question on this proposal, please call Vaughn McBride, Associate Planner at (509) 576 - 6315.or e at vmcbride @ci.yakinla.wa.us. Other Permits Required: N/A DOC. INDEX # g AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: CPA #2 -07 Noel Corp 1015 S. 5 Ave I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application, Environmental Review and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies and all property owners of record within .a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 22` day of August ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Myron Menard Planning Specialist DOC. INDEX • 181325 -14510 181325 -14503 181325 -14524 PHILLIP & HOLLY MAHRE • PIERRE R- GUARDIAN J JORGENSEN ES RICHARD L & MARILYN ROBILLAF 70 ROZA VIEW DR 1206 W YAKIMA AVE 1008 S 6TH AVE YAKIMA, WA 98901 SELAH, WA 98942 YAKIMA, WA 98902 -4520 • • 181325 -14525 181325 -14429 181325 -14408 ROBERT R ALLMENDINGER ROBIN R WEEKS SHEILA &CLARENCE COX COX 7101 BELL RD I 1003 S 5TH AVE 1011 S 5TH AVE YAKIMA, WA 98901 YAKIMA, WA 98902 YAKIMA, WA 98902 -4509 181325 -41501 1%1325-14 1:325 -144 SHELLY M GILMOUR S*UTHGA SHOPPING " • LLC SO THGAT^ S •PPING ER LL 1107 S 6TH AVE PO BO 111 PO BOX 11 YAKIMA, WA 98902 YA r, WA 989' -0111 YAK.u WA 989$ -0111 i; 181 25 -1" $5 181325 -1''12 8 325 -14' . SOU HG• E • OPP TE• LLC SO►'THG•' SHs•PIN. CENTER C SO THGA S'OPP R LL PO :• 111 PO '• 111 PO :0. 111 'YAKIMA, WA 98907 -0111 YAKIMA, WA 98907 -0111 L YAKIMA, WA 98907 -0111 Tb 181325 -14417 1:1325 -145' 1 :1325 -4 '' 1 SOUTHGATE SHOPPING CENTER LLC SO THGAT SHOPPING Cr TE• - C S ANLE A . EL. N J '''ZOSKA PO BOX 111 PO :OX 1 412 W OB H BLVD YAKIMA, WA 98907 -0111 YAK =, WA 989. $111 YA. , WA 98902 • • 181325 -41438 181325 -14518 181325 -14492 STANLEY A. BRZOSKA • STEVEN C LANE STUART D & NANCY MC PHERSON 402 W NOB HILL BLVD 1005.S 6TH AVE 914 S 51ST AVE YAKIMA, WA 98902 -4635 YAKIMA, WA 98902 YAKIMA, WA 98908 -3718 • 181325 -14522 • 181325 -41002 • 181325 -41536 THOMAS A & THERESA CHAVERS TOMBARI -DELAY ENTERPRISES LMT PT TRUEMAN L & EILEEN E BROWN 1004 S 6TH AVE 960 PAULSEN BLDG 1107 S 5TH AVE YAKIMA, WA 98902 SPOKANE, WA 99201 YAKIMA, WA 98902 181325 -14474 181325 -14475 181325 -14502 VENTURA HERNANDEZ VERENICE S MENDEZ VICKI CAMPBELL 917 S 5TH AVE 915 S 5TH AVE 1006 S 5TH AVE YAKIMA, WA 98902 L YAKIMA, WA 98902 1 YAKIMA, WA 98902 181325 -14517 1 181325 -14523 • WAYNE & KATRINABAHADAR YVONNE M MARTIN 1007 S 6TH AVE 4109 W CHESTNUT AVE ' YAKIMA, WA 98902 YAKIMA, 'WA 98908 -3254 • 92 labels printed for map sheet noel Co 'n ,2 -48 N7G ?is.f_ NC App, 14£- DOC. qf INDEX • 181325 -14514 181325 -14561 181325 714504 •ANDRES'& REYNA MARTINEZ BASILIO & ESPERANZA S NAVARRO BILLY E & JOYCE ALTENHEIN ` 1013 S 6TH AVE 1010 S 4TH AVE 1010 S 5TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 181325 -14414 181325 -14553 - 181325 -14411 BONNIE L. STICKLEY BRENT P BEAULAURIER BRIAN C & JANET M DIEHM LIVI 1007 S 5TH AVE 918 S 3RD AVE AV S 901 W NOB HILL BLVD #169 YAKIMA, WA 98902 -4509 YAKIMA, WA 98902 YAKIMA, WA 98902 -5448 181325 -14519 181325 -14542 181325 - 14501 BRIAN D BORDEAUX BRIAN J HAMER CARLOS & YOLANDA SANCHEZ 1003 S 6TH AVE 1001 S 5TH AVE 1004 S 5TH AVE YAKIMA, WA 98902 YAKIMA, WA 98902 YAKIMA, WA 98902 -4510 1 181325 -41442 181325 -14471 181325 -14545 CHARLES L & MARGARET NELSON CLEMICE BROWN CV PROPERTIES LLC 361 PLEASANT VALLEY RD . 914 S 4TH AVE PO BOX 8287 YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98908 -8287 I .1 _I _ 181325 -14418 181325 -14507 • 181325 -41541 DALE EAST DANIEL D SMITH DANIEL T & VIRGINIA A MARTIN 406 STEWART ST 3406 MEADOW LN 450 BADGER LANE YAKIMA, WA 98902 YAKIMA, WA 98903 MOXEE, WA 98936 181325 -14515 181325 -14506 181325 -41003 DEBORAH L URVINA DIANNA M TURNER DONALD & CHRISTINE KEARBY 1011 S 6TH AVE 1014 S 5TH AVE 6801 W YAKIMA AVE . YAKIMA, WA 98902 -4519 YAKIMA, WA 98902 YAKIMA, WA 98908 3 181325 -14476 181325 -14562 181325 -1' 6 EDGAR ROSALES EDWARD J & KIRSTEN L CHADWICK EDWARD . & IR N L CHADWIC 913 S 5TH AVE 406 SOUTH 70TH AVE 40. SMITH 70 - AVE YAKIMA, WA 98902 YAKIMA, WA 98908 YAK WA 98908 • 1 181325 -14529 1:1325- 30 181325 -14458 ELECTRO -MART INC E ECTRr -MA-T INC ELIZABETH A MITCHELL PO BOX 194 Pt B. 194 915 S 6TH AVE YAKIMA, WA 989070194 YA' •, WA 989070194 YAKIMA, WA 98902 -4517 L .1- 181325 -41443 181325 -14505 181325 -14560 ELSIE R. MEYER FRANCISCO DIAZ GEORGINA GUTIERREZ 1110 S 4TH AVE 1012 S 5TH AVE 1008 S 4TH AVE YAKIMA, WA 98902 -4633 YAKIMA, WA 98902 YAKIMA, WA 98902 181325 -41448 181325 -14407 181325 -14500 HA SYNHAVONG IRIS M & JOSE L LOPEZ JACOB & KYRIA EVANS 1111 S 5TH AVE. 411 W NOB HILL BLVD 502 STEWART i� nr� YAKIMA, WA 98902 YAKIMA, WA 98902 . YAKIMA, WA 989 INDEX .. _ 57 # i p) • 181325 -14421 18 325- '55: 11325 •4559 JAY & PATRICIA LA COURSIERE JA' A . PAT ►•CO.'SIE' J• • & "T -.- IERE PO BOX 326 31 S OLLY D 31 S ROLL' DR MOXEE, WA 98936 -0326 MOX , WA 98936 MOXEE, WA 98936 .181325 -14552 181325 -14430 181325 -14456 JEFF A & ANGELICA DEKKER JEFF R BRUNN JESUS & ANITA & ALFONSO ESTR 5701 BITTERROOT LN 1005 S 5TH AVE 918 S 5TH AVE YAKIMA, WA 9890,8 YAKIMA, WA 98902 YAKIMA, WA 98902 181325 -41004 181325 -14513 181325 -14457 JOAQUIN JOHN C. TRUDEAU JOHN M. CARPENTER 511 S 1 ST ( 1015 S 6TH AVE 1404 S 35TH PL YAKIMA, WA 98901 YAKIMA,' WA 98902 -4519 YAKIMA, WA 98902 181325 -14455 181325 -14516 181325 -14520 JOHN WALKER JOSE M CASTILLEJA JUAN & FABIOLA VALENCIA 1012 S 96TH AVE 1009 S 6TH AVE 506 STEWART AVE YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98902 1 1 181325 -14454 1 181325 -14551 181.25 -41► 9 D JUANA A VARGAS JUANITA BERRY LEGA Y .M +ED . 914 S 5TH AVE 916 S 4TH AVE 107 6 H S : 4 YAKIMA, WA 98902 YAKIMA, WA 98902 YAKI ►', WA 98901 • 181325 -41537 181325 -14526 18 325 -' 5 4 ...--lb LEGACY LIMITED 'I LLC LOREN JONES . LU B• AN TIE " E' 107 N 6TH ST # 4 1012 S 6TH AVE 14.4 31ST YAKIMA, WA 98901 YAKIMA, WA 98902 -4520 YAK MA, WA 98902 D 181325 -41515 181325 -14419 1:1325 -' 4.9 LUZ BAZAN GUTIERREZ. MAGDALENA & JUAN SERRANO .RGUE: TE . He KETT 1424 S 31ST AVE 404 STEWART ST 3'4 N 7TH AP YAKIMA, WA 98902 YAKIMA, ;WA 98902 YA' WA 98902 • 5) ....D 1.) 1,',325-14548 18125 -14 •' .1:1325-4 '97 MAR'.UERI ' L. HACK: T MAReUERI ' L HA ETT MAN UE • T a L. • CK T 304 • TH AVE 304 3 H A • 304 N 7TH e YAKIMA, WA 98902 YAKI'' WA 98902 YAKI•p, WA 98902 • 1 . • 181325 -41498 181325 -14512 181325 -41001 MARGUERITE L. HACKETT MARK J & RUTH H VAN KOMMER MARSHALL K & KIMBERY CLARK 304 N 37TH AVE PO BOX 10841 2320 N ATLANTIC #300 YAKIMA, WA 98902 YAKIMA, WA 98909 SPOKANE, WA 99205 181325 -41502 181325 -14413 181325 -41535 MARY E. ATTRIDGE MELISSA B MARTINEZ MYLES M & CATHERINE M FRANKL7 1110 S 5TH AVE ; 1009 S 5TH AVE 1108 S 5TH AVE YAKIMA, WA 98902 -5533 YAKIMA, .WA 98902 -4509 YAKIMA, WA 98902 181325 -14410 ; 18:325- 45.4 181325 -14490 NOEL CORPORATION NOLL •RPO'• ON NORA BURNHAM 1001 S 1ST ST 100' 1ST ST 917 S 4TH AVE • YAKIMA, WA 98901 YAKIMA, WA 98901 YAKIMA, WA 98902 -4546 • DOC. INDEX 181325 -14491 181325 -14521 181325 -14420 OMER G GRESS PATRICIA V BURCKHARD PAUL J OSTROWS ' 101 N 48TH AVE # 15A 602 STEWART ST 310 STEWART ST YAKIMA, WA 98908 -3175 YAKIMA, WA 98902 YAKIMA, WA 98902 Elizabeth McNagny John Arden, Environ. Doc.s Reviewer Bill Wiebe Dept of Social & Health Servcs Div. of Drinking Wate Dept. of Transportation • P O Box 45848 P 0 Box . 92 98504 Olympia, WAA. P O Box 47300 Olympia, WA. 98504 Olympia, WA. 98504 Steve Penland SEPA / GMA Coordinator Rebecca Barney Dept. of Fish & Wildlife Dept of Ecology Dept of Corrections P O Box 43155 P O Box 47600 P O Box 41112 Olympia, WA. 98504 Olympia, WA. 98504 Olympia, WA. 98504 Anne Sharar Harriet Beale Dept of Natural Resources Puget Sound Water Quality P O Box 47001 P O Box 40900 Olympia, WA 98504 Olympia, "WA. 98504 • DOC. INDEX # g—'7 Federal Aviation Administration Environmental Coordinator Cayla, Morgan, Airport Planner Mr. Doug Mayo Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Toppenish, WA 98948 Renton, WA 98055 -4056 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172 St. N.E. Suite K -12. PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Soil Conservation Dist Donna J. Bunten Eric Bartrand Critical Areas Coordinator Attn: Ray Wondercheck Dept. of Fisheries 1606 Perry St Suite F D.O.E., Shorelands & Environ. 1701 S. 24 Ave Yakima, WA 98902 PO Box 47600 Yakima, WA 98902 Olympia, WA 98504 -7600 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation- Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District Yakima Greenway Foundation WV School District Attn: Ben Soria d , Attn: Peter Ansignh 111 S. 18 St. 104 N. 4 Ave 8902 Zier Road Yakima, WA 98901 Yakima, WA ,98902 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504 -8343 • DOC. INDEX OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Greg Griffith PO Box c -3755 713 Bowers Rd Div. of Archeol & Hist. Pres. Seattle, WA 98124 Ellensburg, WA 98926 PO Box 48343 Olympia, WA 98504 Sheila Ross Cascade Natural Gas Dept of Soc/Health Service WA State Attorney Gen. Office 701 S. 1 Ave Capital Programs Ofc. Bldg #2 MS OB -23B 1433 Lakeside Ct. Ste102 Yakima, WA 98902 Olympia, WA 98504 Yakima, WA 98902 • Ymp , Chamber of Commerce Dept. of Health City of Union Gap cn Michelle Vazquez 10N9 St. Yakima, WA 98901 1500 W. 4 Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Dept. of Transportation Tom McAvoy Cary Air Pruitt P P y Clean Air Authority Planning Engineer Q -West 6 S. 2n St., Room 1016 2809 Rudkin Road 8 S. 2n Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Lee Faulconer 1200 6 Ave. MS 623 128 North 2 Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Nob Hill Water Co Yakima Co Planning Environ Review Section 2nd 6111 Tieton Drive 128 N 2 St. PO Box 47703 Yakima, WA 98908 Yakima, WA 98901 Olympia, WA 98504 -7703 Mr. Vern Redifer WA State Emergency Mgmt. Div. Pacific Power Yakima Co Pub. Services Mitigation, Analysis & Planning Mike Paulson 128 N 2 St., 4 Floor Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr Bill Baffle Cultural Resources Program y Johnson Meninick, Mgr Dept. of CTED Yakima Cnty Dev. Serv. Ctr. y Indian Nation Growth Management Services 128 N. 2 St. 4 Floor p0 Box 151 PO Box 42525 Yakima, WA 98901 Toppenish, WA 98948 Olympia, WA 98504 -2525 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 PO Box 151 Toppenish, WiOW)48 INDEX # IS--7 • i • LEGAL NOTICE NOTICE OF APPLICATION DATE: August 22, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located in the vicinity of 5 Avenue and Nob Hill Boulevard, CPA #02 -07, Rezone #4 -07, EC #12 -07 NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received an application from The Noel Corporation ''requesting a change to the City's Future Land Use Map from Low Density Residential to Neighborhood/Community Commercial. Should this amendment request be approved it would permit a concurrent rezoning of the subject property from R -1, Single- Family Residential to Small Convenience Center. NOTICE OF ENVIRONMENTAL REVIEW - This is to notify all 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. Accompanying this notice is a preliminary Determination of Nonsignificance (DNS), which is subject to a 20 -day comment period. REQUEST FOR WRITTEN COMMENTS Your views on the proposal are welcome. All written comments received by September 11, 2007 will be considered prior to issuing a written recommendation to the Regional Planning Commission. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please 'be sure to reference the file number or applicant's name in your correspondence. NOTICE OF PUBLIC HEARING This comprehensive plan map amendment request and rezone will require two public hearings; one before the Hearing Examiner to be followed by a public hearing before the Regional Planning Commission. The public hearing before the Hearing Examiner has been scheduled for Thursday, September 27, 2007 beginning at 9:00am, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. 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 DOC. INDEX / Re: Legal Notices 10 Page 1 of 1 Menard, Myron From: Legals [legals@yakimaherald.com] Sent: Monday, August 20, 2007 12:02 PM To: Menard, Myron Subject: Re: Legal Notices 10 This is to confirm receipt of the attached notices. (I received ten in total.) On 8/20/07 11:53 AM, "Menard, Myron" <mmenard @ci.yakima.wa.us> wrote: Please Publish one time only on Wed. Aug 22. Legal Notice of Application and Hearing: Mick, A & N, Brashen, Chichenoff, Hochrein, Johnson, Mathis, Temple, Noel, Thomas, N N N N N N N N N N N N N N • Simon Sizer Legal /Obituary Clerk Yakima Herald- Republic Phone: 509 -577 -7740 Fax: 509 -577 -7766 legals @yakimaherald.com DOC. INDEX # 8/20/2007 • • PRESS RELEASE NOTICE OF APPLICATION DATE:; August 22, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Ma designation and a change in zoning for property located in the vicinity of 5 Avenue and Nob Hill Boulevard, CPA #02 -07, Rezone #4 -07, EC #12-07 NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received an application from The Noel Corporation requesting a change to the City's Future Land Use Map from Low Density Residential to Neighborhood/Community Commercial. Should this amendment request be approved it would permit a concurrent rezoning of the subject - property from R -'1, Single - Family Residential to Small Convenience'Center. NOTICE OF ENVIRONMENTAL REVIEW This is to notify all public and private agencies with jurisdiction and environmental expertise that the Ciiy 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. Accompanying this notice is a preliminary Determination of Nonsignificance (DNS), which is subject to a 20 -day comment period. REQUEST FOR WRITTEN COMMENTS - Your views on the proposal are welcome. All written comments received by September 11, 2007 will be considered prior to issuing a written recommendation to the Regional Planning Commission. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference the file number or applicant's name in your correspondence. NOTICE OF PUBLIC HEARING This comprehensive plan map amendment request and rezone will require two public hearings; one before the Hearing Examiner to be followed by a public hearing before the Regional Planning Commission. The public hearing before the Hearing Examiner has been scheduled for Thursday, September 27, 2007 beginning at 9:00am, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. 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 DOC. INDEX NOTICE OF APPLICATION DATE: August 22, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located in the vicinity of 5th Avenue and Nob Hill Boulevard, CPA #02 -07, Rezone #4 -07, EC #12 -07 NOTICE OF APPLICATION The City of Yakima Department of Community & Economic Development has received an application from The Noel Corporation requesting a change to the City's Future Land Use Map from Low Density Residential to Neighborhood/Community Commercial. Should this amendment request be approved it would permit a concurrent rezoning of the subject property from R -1, Single - Family Residential to Small Convenience Center. NOTICE OF ENVIRONMENTAL REVIEW This is to notify all 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. Accompanying this notice is a preliminary Determination of Nonsignificance (DNS), which is subject to a 20 -day comment period. REQUEST FOR WRITTEN COMMENTS Your views on the proposal are welcome. All written comments received by September 11, 2007 will be considered prior to issuing a written recommendation to the Regional Planning Commission. Please mail your comments on this project to: Doug Maples, Manager Building Codes and Planning Divisions City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901. Please be sure to reference the file number or applicant's name in your correspondence. DOC. INDEX 6 -1 NOTICE OF PUBLIC HEARING This comprehensive plan map amendment request and rezone will require two public hearings; one before the Hearing Examiner to be followed by a public hearing before the Regional Planning Commission. The public hearing before the Hearing Examiner has been scheduled for Thursday, September 27, 2007 beginning at 9:00am, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. 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 public notice will be provided for the public hearing before the Regional Planning Commission. 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, Washington. If you have any question on this proposal, please call Vaughn McBride, Associate Planner at (509) 576 - 6315.or e -mail at vmcbride @ci.yakima.wa.us. Other Permits Required: N/A Encl.: Narrative, Site Plan, Vicinity Map and. Environmental Checklist. • DOC. INDEX WASHINGTON STATE ENVIRONMENTAL POLICY ACT PRELIMINARY DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON August 22, 2007 The City of Yakima has received an application for the following proposal that may be of interest to you. You are invited to comment on this proposal. PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting a Neighborhood/Community Commercial designation. PROPONENT: The Noel Corporation LOCATION: Vicinity of 5th Avenue and W. Nob Hill Boulevard, Yakima, WA PARCEL NO: 181325 - 14405, 181325 -14410 LEAD AGENCY: City of Yakima FILE NUMBER Environmental Checklist #12 -07 COMMENT DUE DATE: September 11, 2007 DETERMINATION: The lead agency for this proposal has preliminarily determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2Xc). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. The information relied upon in reaching this determination is available to the public upon request at the City of Yakima Planning Division. This Preliminary DNS is issued under WAC 197 -11 -340 (2); the lead agency will not act on this proposal for 20 days from the date below. Agencies, tribes, and the public are encouraged to review and comment on this proposal. All written comments received by September 11, 2007 will be considered prior to issuing the final SEPA determination on this application. Please mail your comments on this project to: Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2' Street Yakima, WA 98901 REQUIRED PERMITS: N/A DOC. INDEX # _-� • REQUIRED STUDIES: None ENVIRONMENTAL DOCUMENTS INCORPORATED BY REFERENCE: SEPA/GMA Integrated Environmental Summary CONTACT PERSON: Contact Vaughn McBride, Associate Planner at 576 -6315 for more information. Ir • • DOC. INDEX Aug 29 07 12:14p Noel Corporation 509-575-6G35 p.i 1 • Yit �L �' , • CITY OF YA ] YY ' °4°'nn•iu t0 • LAND USE ACTION INSTALLATION CERTIFICATE • Pro 'ea Number: L "4 � Date of Installation: c !2- Site Address: s S, Gsa IPA/ .G7P s . 8 r Location of Installation (Check One) Land Use Action Sign is installed er stars 15.11.090(C), per described in YUAZO § Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre - approved by the Code Administration and Planning Manager) may not be acceptable by the Code A Division and is subject to relocation (at the owner's�p nse) to mo e ble site on the. property. The alternative location is: I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print) Date L , L. I o 2F �- Applicants Signature B { Telephone Number of Applicant ` ,fir c7�r��re.�r J 3/ 620 - /f/, The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 50 9 - 575 -6105; or mail to: City of Yakima, Code Administration and PIanning Division, 129 North Second Street, Yakima, WA 98901. • DOC. INDEX • Alan D. Campbell James C. Carmody • J.Jay Carroll • Paul C. Dempsey James 5. Elliott • Mark E. Fickes • Carter L. Fjeld • Chad L. Hatfield Tyler M. Hinckley John W. Huibregtse • Lawrence E. Martin • Kevan T. Montoya Linda A. Sellers • Michael F. Shinn • Sara L. Watkins V E L I K A N J E - A L V R S O N Of Counsel: Frederick N. Halverson • Terry C. Schmalz ATTORNEYS AT LAW RECEIVED February 7, 2008 • Vaughn McBride, Associate Planner FEB 0 8 2008 City of Yakima Planning Division CITY NINA II VA 129 North Second Street, Second Floor Yakima, Washington 98901 Re: UAZO RZ #4 -07 EC #12 -07 SEPA APP #1 -07 CPA #2 -07 Dear Mr. McBride: • I ' This letter is written to advise you that neither my client nor I have received notices regarding the Regional Planning Commission hearings relative to the above referenced matter. 'We would ask that you please make sure that we have adequate notice to prepare for the hearing before the City Council. Thank you for your consideration. • Very truly yours, VELIKANJE HALVERSON, P.C. CHAD L. HATFIELD clh:srp • cc: Mr. Brian Diehm • • INDEX • 509.248.6030 fax 509.453.6880 • 405 East Lincoln • P.O. Box 22550 • Yakima, WA 98907 • www.vhlegal.com RF le c. C F�V� © Brian Diehm c SEP 2 a 200? 901 W. Nob Hill Boulevard #169 Pi-AN MIA Yakima, Washington 98902 D iv (509) 453 -7715 September 25, 2007 Vaughn McBride, Associate Planner Department of Community & Economic Development City of Yakima 129 North Second Street, Second Floor Yakima, Washington 98901 Re: Rezone and Comprehensive Plan Amendment — The Noel Corporation CPA #02 -07 Rezone #4 -07 EC #12 -07 Dear Mr. McBride: This letter will provide my comments on the proposed change to the Future Land Use Map designation and change in zoning for property located in the vicinity of Fifth Avenue and Nob Hill Boulevard, CPA #02 -07, Rezone #4 -07, EC #12 -07. The rezone and comprehensive plan amendment proposal is submitted by The Noel Corporation. I am the owner of adjoining property. (Parcel No. 181325 -14411 — 1017 South Fifth Avenue, Yakima, Washington). I strongly oppose the proposed rezone and comprehensive plan amendment. I am unable to attend the scheduled hearing set for September 27, 2007. I will be out of town with my daughter who is having a baby. Please do not construe my absence as a lack of concern or opposition to the proposal. I am adamantly opposed to the land use change. Among my concerns are the following: 1. The proposed rezone introduces an intense and traffic oriented land use into an existing residential neighborhood. Literally all of the occupancies in the area are single family residences. The predominant zoning is Single Family Residential (R -1) zoning district. The immediate interfacing of shopping center property is totally incompatible with the residential character of the neighborhood. 4 e)-14 Vaughn McBride, Associate Planner SC o September 25, 2007 2 2007 Page -2 p LaN F Y N DIV. 2. The commercial activity on the proposed site would allow trucks, auto traffic and { transportation to enter and depart from Fifth Avenue. That street is a local access street serving a residential neighborhood. It is not designed to handle commercial traffic levels. There are no turn lanes and currently allows on- street parking. It is also an area where children walk, ride bikes and live. It is not a proper place for high volume traffic. 3. Fifth Avenue dead -ins at Hoover School. The increased traffic will be a direct conflict and risk to children walking to the school. There are no sidewalks on either side of Fifth Avenue. The street and associated improvements are absolutely inadequate for any commercial usage. 4. The proposed development is also inconsistent with established development patterns along the north side of Nob Hill Boulevard. No commercial activity has been allowed deeper than two (2) city lots and existing neighborhoods have been protected throughout the corridor. The potential rezone creates a dangerous precedent with respect to commercial development in areas of pre- existing residential neighborhoods. Our neighborhood is entitled to the same protections as the other neighborhoods of this community. 5. A proposed shopping center usage would be incompatible with adjoining residential uses. Not only are roads inadequate to handle anticipated traffic, but the noise, light, glare and air emissions associated with such development are grossly incompatible with residential usage. Small convenience center allows such things as casinos, car washes, department stores, 24 -hour convenience stores, motels and hotels, service stations and a variety of other intrusive uses. 6. No environmental analysis has been undertaken of the proposed uses and no • traffic impact studies provided with the application. Such information is critical • to an informed decision regarding the proposed rezone and comprehensive plan amendment. 7. , Applicant has made no showing of "public need for the proposed change." A showing of need is a required component for a rezone. UAZO 15.23.030(e)(7). The Noel Corporation has provided no plans for future development and has refused to disclose the intended usage of the property. The application simply reflects the proposal as a "non- project action." It seems odd that a rezone would be proposed with no specific plans for property usage. In the absence of such plans and proposed usage, it is impossible to determine the need for the rezone and comprehensive plan amendment. 8. A rezone would also allow the placement of signs within a residential neighborhood. Under the current zoning, no signs would be permitted on the property. Following the rezone, there would be virtually no limitation on the type and size of signs to be placed "within our neighborhood. INDEX , f • PeCEIVED Vaughn McBride, Associate Planner SEP 2 5 2007 September 25, 2007 Page -3 CITY OF Y PLANNIN IC IMA G DIV. 9. A rezone would increase lot coverage from 45% to 85 %; reduce setbacks on local access streets from 45 feet to 30 feet; increase the area of permitted nonresidential uses; and modify a number of other development standards. Each modification is inconsistent with the character of a residential neighborhood. 10. The Noel Corporation purchased the subject property from Wheeler & April Dotson on July 19, 2005. They purchased the property with full knowledge of the existing residential neighborhood and Single Family Residential (R -1) zoning. Applicant should not be allowed to change a zoning where they recently purchased with knowledge of the existing residential area. I appreciate the opportunity to comment upon the application. It is clear that the application does not meet the requirements of the UAZO and is incompatible with the existing residential neighborhood. I urge you to deny the rezone application. Very truly yours, 6 i_ BRIAN DIEHM DOO. INDEX CITY OF YAKIMA -'' CODE ADMIN. DIVISION y � 1 2007 `C 1889 SE STATE OF WASHINGTON ❑ REC'VD FAXED ❑ DEPARTMENT OF ECOLOGY ❑ PAID FYI ❑ 15 West Yakima Avenue, Suite 200 • Yakima, Washington 98902 -3452 • (509) 575 -2490 gECFIV ED September 7, 2007 'S LP I. n ni Your addresso F Y AKIMA is in the si PLAI'1Nli Q DIV . E l Lower Yakima = f watershed • Doug Maples City of Yakima Dept. of Community Development 129 North 2 " Street Yakima, WA 98901 Dear Mr. Maples: Thank you for the opportunity to comment on the preliminary determination of nonsignificance for the Land Use Map amendment and the concurrent rezone from R -1 to SCC, proposed by The Noel Corporation [EC 12 - 07]. We have reviewed the documents and have the following comments. Water Resources Environmental review of a zone designation should analyze the likely impacts of the development allowed within that zone. The more specific the analysis is at the non- project stage, the less environmental review needed when a project permit application is submitted. Since the Local Project Review Act prohibits reconsideration of the type of land use allowed in the development regulations and/or comprehensive plan, this will be the only opportunity to evaluate the appropriateness of the proposed zoning at a specific site. Water availability is essential for development. The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44.100 RCW. If you have any questions concerning the Water Resources comments, please contact Breean Zimmerman at (509) 454 -7647. DOC. INDEX #p -3 iP Mr. Maples September 7, 2007 Page 2 of 2 Water Quality Rezoning of a piece of property is often the first step in a proposed development. If a subsequent individual or common plan of development ground disturbance exceeds 1 ac. in size an NPDES Construction Stormwater Permit may be required. The process requires going through SEPA, developing a stormwater pollution prevention plan, submitting an application and a 30 day public notice process. This may take 45 -60 days. A permit and stormwater plan is required prior to beginning ground- breaking activities. Please contact Cory Hixon with the Department of Ecology, (509) 454 -4103, with questions about this permit. Sincerely, 4 ./(_e4,t_ ef___ Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575 -2012 1404 DOC. INDEX uviap - t..,ny 01 1 kl1(11111:1 - rim'. rage rage I ot . iMak Cii of Yakima ,,, 1 r . 1 kik t r ' IC' . ,-. , ' , .., a „ i r r I•id , AV . ' ,, tk.. rl :t_.... w „o rr■." • 1.,.. N ,•-•‘ „. - i , PI ' i . ' 1 .. 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C m y _, 6tmert Bt — \ ^aTE 4UC — W W Q Q o y / Mum n All 1 / 11:53 -4 y y W Nab Ne 1. I I _ NOB NILL lWe W um Nn el.a NOB HILL BLVD ; I / — z W y W A I Q G D _a rn 2 ¢ 6 y O U I _ PRASCH AVENUE CH, -0RPSOVE m IMI Z = m N tu I P W to ID ID ' o et Y N CITY OF YAKIMA, WASHINGTON , VICINITY MAP � FILE NO: Comp Plan Amend #2 -07 Rezone #4 -07 SEPA #12 -07 5 APPLICANT: The Noel Corporation � i Subject Property D ®c. R EQUEST: Rezone from R-4 to SCC INDEX � / Yakima City Limits ,3 ,�' Scale— l in =400ft LOCATION: 1015 S. 5th Ave 0 200 400 Noel 04/25/07 — I I o < N. fns St « ~ I I St Helene st INO nE 1 Baker St ] MEI ..11 MI IMII MIE .1.1 m__ a__ 1__ Q _ _ Q_ m _ _ m _ _ 1 y _ = _ = ° MEM _ ' MN Z Mr! 14471 ��� > F_r 14456 EMI IMI ` ►l N IMM ` Stewart at ST tUE 14620 14500 14542 �� 420 w 14519 14501 14429 14558 z �� ai 14518 14502 14430 a 14545 03 c 4 /14524 4 14517 14503 14414 145609 a 14416 14412 y v----- B.nwo� v I 14525 f 14516 14504 14413 WM — 14417 l_ EMI ' 14515 14505 ;7.77. 14514 14506 � 03 _ IIM 14543 14513 14507 11 � 29 1S51N 014509110 w e I 07 14564 y W Nab Xa Blvd OBxILL a�w / W Nob XIY BNa NOB HILL BLVD 1 019 � 9 61 IIE 7 41537 4 43 41002 �t _ CM 41541 41441 ��03 _ o 41535 41536 41442....../' 04 e z - ii w Q S O m y PRASCH AVENUE PSCN •VF CD EiMii w w G — Z a s _ Z 0 N _ w Q u, y • CITY OF YAKIMA, WASHINGTON j_I Property Notices FILE NO: Comp Plan Amend #2 -07 Rezone #4 -07 SEPA #12 -07 APPLICANT: The Noel Corporation REQUEST: Rezone from R-1 to SCC N Subject Site N DOC, 6 '1 t INDEX ` e LOCATION: 1015 S. 5th Ave o �j �T1 0 PARCEL NUMBER(S):18132 5144 1 0 18132514405 — ® - ' ej�2, Scale - lin = 400h e. INDEX 5 mmI llmi �' 0 200 400 Noel 04 /25/07 Il ;r. Y 4 . � , YI I�'1, �i '. I ""V� :. ` I i t I !'� t w ' i!� f r s r ` � y +�i • t . ., , , , p , H I,u__ r tll J _r 1 ' .1 ' I J pp ppp ( r. I ,' t 1 ri . '96' .� Or ty i L :; ,t I � 1 2 /7 i M � �fn.Lt 41 - I'll _ , � CI �' � �"`,�,i 1, ' Fa ; ` � � `� � ? ter '�' i I' ; �r ` I •'1: , . �.- I , 1 ' ' I '•� •. I ' >.1 to I N . nr I I` • -- r . ',20a. T n T # - ! a +b ti r. ' . � ' K f , • '" !F I :� I ,, I E— 1--g. ��� .. 7 . „ - 1 r7 a ''''" ' Fir H , . , -- K, ' 11 - % f. , p , -,,; , 'i ... j -..• ' .,.. -, r 7 .. - moki , 1 t"! , , , LAR-„, 4, " •• . e Fti ;..iro'-:- - – 4 jt -III a 1 I ' • a ` '' , 1 _. I 1 �1 ` � . i _ � � � p iL � i I ��� I ` 1 :741:: � t Jo i � " r i ll, - ., �. e . I ; R'_ �{� �I � ��,. m� ' .A gifi .. r .. _ . - -i • . .. _'r . i 11f ,� 7i 4j, a ' I IF �.. f r r y rif I IA." r :� ,t�� r ,,_ y /, fir. I _ ' - ; tr r ig I� L .. I F N � t'�� ' P I T " y - r tl i „J . y. . ' I 1 ' �� L,-,at I -. -� ; i t !. . . P . _ rl ` • r r t l ! .� .y] • 1/ I d r PI. 1 , f .•r - - •.... , 4.101^,^ i .rw x + 5411 :- ' n '� "' 1 ._ -., - -. - •. til 1 fi ♦ ' _. ..T..-. ,. 4. ! •a , al I- " fop , ' - - 4 I 1 • s - i LI � .°�� ! °' '' L. r z *62--a- Jam. � , 4 �-•- r � �� ,, f , ,, '.3- Wp RQQ1 - i t y ,- _� :3 ' ; ~ - , 1 I f _. t. y i '" I- t t '• �.MI ' – "' ' . 1■r _ 4 . 6 'A - r� - - � , ^ J ' f! I .. Y-^ ,_- ' ' _. r_ i'rl: - I -- tnitt y - r' T r . k l , �� ' [j y j , I 1.tAAi. �` r y , y ,�,. ... �.+!'. i -6,�_ ._,_�, -. . ". A .. E ., I �. �., g ' .�I� �f" / �� �' f. b 'W s -� -# ", • .� I _ iI._ N r l!' Aa.:J'. EFri 4 t,y, w F ," fi r . . xs. , f R " - . it ; . ' T A I . lI A I 71 ' 1 r , �.. , ,4 I� t 1 I . � � I5 ril :/ I 1, _' I I ,. i' N CITY OF YAKIMA, WASHINGTON Scale —1 in =400ft Information Services - GIS o 200 400 FILE NO: Comp Plan Amend #2 -07 Rezone #4 -07 SEPA #12 -07 5 APPLICANT: The Noel Corporation Subject Property REQUEST: Rezone from R-1 to SCC Yakima City Limits DOC. LOCATION: 1015 S. 5th Ave INDEX j Nod 04/25/07 1 Comp Plan Amend #2 -07 Rezone #4 ^"' SEPA #12 -07 SR Suburban ential The Noel Corporation I I R I Single Famt, Residential SCC R-2 TwoFamilyResidential J Rezone from R -1 to Cl. ® R 3 Multi Family Residential I I B I Professional Business MI B-2 Local Business 1015 S. 5th Ave an KB Historical Business SCC Small Convenience Center IIIII ; LCC Large Convenience Center ` IN Subject Property - CBD Central Business District i 1k I .I CBDS CBD Support w I City Li m it s I I M -1 Light Industrial _ — ® M-2 Heavy Industrial ME I■1 o i s St H'------ _ -- a fa Helena 61 - I I I ! r - - - - - -- - - -- - ' — I T -- �_ ARLINGTON AVENUI -', War Si tie* I R __ , , I r. • I _ 1 — T __ E I LE I - 1 1 -- !A y I e j c a — 2 I1 r Q -- I n Q __,___in 1 r 7 - _ r --- V Stswartet I I I SII WART AVf NIB l` -- C g _ Z -- w a 4:1 cu 1 � � ��m N C 0. - t � — f AC o b X g IN eN V/ Nob OW NOB HILL BLVD • t C7 E j ! z z d in y J S O Q 2 D M 0 a N r Z PHASCH AVENUI W Pramah Ava FRA6CH AVE w 1 Z w Q Q I ' a g = Cn I- to co, In - 1 Scale – lin =400fr City of Yakima, Washington ®®c� 4,,,4°' Yp,�eo g INDEX ( � 0 200 400 �W i n Al No 5 April 25 2007 o _,s L. 918 — 917 918 917 918 Current - rtj Yakima 917 - g — - Zonin - - - - -- - - - - n Water Sewer Stewart St / Stewart St = _ o 602 506 502 466 100. o N Water Lines 1004 1003 1004 1003 M o 1004 C ZONING o ` rn — 6 - M SR Suburban Residential r c..0 _ 1006 1005 1006 1005 2 o — 1006 1- t� 1008 R-1 Single - Family Residential N V Sewer Lines 1007 1007 1 OOS > 1 OO8 - R 2 Two -Family Residential > Irrigation Main a — w 1010 r . o - I 1010 1009 1010 1 OO9 ~ co R-3 Multi- Family Residential ,p _ 1042 Co 1011 — 1012 `10 I ; r (,t 'dlr.!!! c 6 1014 1012 1010 1008 1006 B-1 Professional Business A o � � , H t I P I I € {i a ' I - 1013 1014 III 8-2 Local Business 1::118 ' 1015 c _ n � 1 ( ' c° 3 1016 1015 1016 E. 401 II xB Historical Business ! ; d, Q > 1017 T SCC Small Convenience Center - I in - to 315 111 LCC Large Convenience C enter ttt in 03 601 507 505 501 501 to 411 ■ CBD Central Business District e W NOB HILL BLVD CBDS CBD Support --- 2 0 2 01 2 O 0 0 -W NOB IL : ; it 2 0 2 2 n n 1 = --- M-1 Light Industrial — I 1 — � . 0 . I C•J CO CO cr CD 406 402 312 302 M-2 Heavy Inaustrial I _ 406 A, Subject Site I --6-_ OM= 504 1104 N :�— 11 O6 I ( FILE NO: Comp Plan Amendp2 -07 Rezone i 6 -07 6EPA N 1106 1 1 1 I APPLICANT: The Noel Corporation o j o w I Future 1 *'�! �' - +:T ` ,' G .M Digital • Land Use s� : ;a -� , ' I , --; Orthophoto Stewart St t r ; ,, , tawart St i ), ,1. . 'ti" •' _ _ " l _.. Mosaic of Digital . * . , '11 +rt 4 w Orthophotography flown 08/01/2002 a Subject Property q ■ �' 1 1111 ti •+ t . . i AP FUT LAND USE — t " ` `s I h y Lo De n sity Residential c> ' • �� .., „ii , > L Medium Density Residential . t _� � ' 1 ..,:f e" ; :,. to r , q( p�,, `,; rc II High Density Residential A t �: L . �. I l il . r O - . r I * Mi r �r} ! t+ I Professional Office i r 14 /. • • • • . . , I i . r 1 1 •�. .. r ,. r i 1■ ' . , i .'.1/ 1 ', 1 11 ` - h.�- i,, \ _ r , (t ,{ !� ■ Neighborhood Commercial i paw it i # It l l\ � „\ \'...+ ar ; .,. ui� .,. 11 e ! II Large � _ -.. _. . o, � Lar a Convenience Center Arterial Commercial j..- �"z o re� • All. t ' •I I t • • . 4 � ' y CITY OF YAKIMA 111 CBD Core Commercial 1 �: DEPARTMENT OF COMMUNITY AND w. ti I. _ _ ECONOMIC DEVELOPEMENT Industrial W .. W NOB HILL BLVD • Urban Reserve ♦ l!! a ;� M 129 North Second Street ■ n. • S ub j ect S ite Q l �1 1e + rl �, � ° j Yakima, Washington 98901 N n ! L¢_ c . 1[ Phone: (50 91 5 7 5 -6113 DOC. . • S 1 i Fax. (509)575 -6105 INDEX t • ,. . • ' All maps shown at 1” = 2Q0ft ,-2 4R, 1 r• r 1 r • One page Atlas: noel CITY OF YAKIMA LAND USE APPLICATION DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT • ": 2 • 5 129 NORTH SECOND STREET, 2 FLOOR , YF M r L t4 -#. YAKIMA, WASHINGTON 98902 ��^°° -' VOICE: (509) 575 -6183 FAX: (509) 575 -6105 FINSTRUCTIONS - ;PI;EASE`READ`;FIRSTf �4l ease" Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. .PART.I.,, -.,G INI+'ORMATION ,,.... _,,..:., a _ .F,_ n*M 1. APPLICANT NAME The Noel Corporation 2. APPLICANT ADDRESS STREET 1001 S. 1' St. CITY Yakima AND PHONE NUMBER STATE WA ZIP 98901 PHONE (509) 248 -1313 MESSAGE 3. APPLICANT'S CHECK X OWNER ❑ OWNER REPRESETATIVE INTEREST IN ONE ❑ CONTRACT PURCHASER ❑ OTHER PROPERTY 4. PROPERTY OWNER OF OTHER THAN NAME APPLICANT) 5. PROPERTY OWNER'S STREET CITY ADDRESS AND PHONE (IF OTHER THAN STATE ZIP PHONE MESSAGE APPLICANT) 6. ASSESSOR'S PARCEL NUMBER FOR SUBJECT PROPERTY: #1: 18132514410 #2: 18132514405 7. EXISTING ZONING OF SUBJECT PROPERTY: Both Parcels are R -1 8. ADDRESS OF SUBJECT PROPERTY: #1: 1015 S. 5 Ave, Yakima, WA #2: 5 Ave S./Nob Hill Blvd., Yakima, WA 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use X Environmental Checklist (SEPA) ❑ Right -of -Way Vacation ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption X Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Non - Conforming Structure/Use El Utility Easement Release ❑ Home Occupai ion ❑ Preliminary Subdivision ❑ . Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat X Other — Comp Plan Amendment ;; P.ARTII SUFI' LEMENTAL- APPI:ICATION= AND:PART; =III; -' REQUIRED „ATTAGHII'ENTS;�;;:� �frs.SMW;.��:�;:; °, 10. SEE ATTACHED SHEETS PART IV °- °:CERTIFIGATIOl�I .., , =ry mcat 11. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. April 20, 2007 Vice President of The Noel Corporation �. SIGNATURE DATE L1 v' INDEX Revised 9 - 98 FOR ADMINISTRATIVE USE ONLY # 6, FILE No. DATE FEE PAID I RECEIVED BY I AMOUNT I RECEIPT NO. I HEARING DATE , r CITY OF YAKJM 4 0 \COMPREHENSIVE PLAN AMENDMENT APPLICATION 44. (0 - „ DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT e/ fr ' . ; y: 129 NORTH SECOND STREET, 2 FLOOR /� '' 'ti, F ` YAKIMA, WASHINGTON 98902 R 2 a �� 9 ' � VOICE: (509) 575 -6183 FAX: (509) 575 -6105 C /ry 2 0 Pi INSTOrT `I"a P1 ;5UT IR UTIMs :, rat fr o rdaia ar 1 � l . . t. Answer all questions completely. If you have any questions about this form or the application process call, co m person or refer to the accompanying instructions. This application consists of three parts. PART I - GENERAL INFORMATION, PART II- REQUIRED ATTACHMENTS AND PART III — CERTIFICATION. 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. t..rc; '3N STE ^63" 1 " ^"." ' 7:45P1:7-74-! .: b 12 * zr4 ' "'. W i Ala" ;h �:' 111 1. APPLICANT NAME 7k /floe/ Corior 7iern 2. APPLICANT ADDRESS STREET /Dt / S. �.rf c' f CITY _X ky»71 AND PHONE NUMBER STATE / ZIP 9R 94i PHONE .40- a4R , /3 / 3MESSAGE ( ) 3. APPLICANT'S CHECK 2 OWNER El OWNER REPRESETATIVE INTEREST IN PROPERTY ONE CI CONTRACT PURCHASER ID OTHER 4. PROPERTY OWNER (IF OTHER THAN NAME APPLICANT) 5. PROPERTY OWNER'S STREET CITY ADDRESS AND PHONE OF OTHER THAN STATE ZIP PHONE ( ) MESSAGE ( ) APPLICANT) 6. ADDRESS OF SUBJECT PROPERTY: /o /_s is 5 •Q ✓e //aka 177a 1161 .5"� 4/e2iU� 8/i , 7. SSESSOR'S PARCEL 'N FOR SUBJECT ROPERTY: / /e/.3a5 / 0 @ /8 /3a57M' 8. EGAL DESCRIPTION(S) OF THE SUBJECT PROPERTY: (attach if lengthy) A d _ , - • .' ice . • _ ,. , , . _. _ gl I1# / " ii/ ' r Al • 1 i • / i A / 0 . - / 07 4 / • f 9. EXISTING ZONING OF SUBJECT PROPERTY: K- 10. DESIRED ZONING OF SUBJECT PROPERTY: Sec 11. EXISTING FUTURE LAND USE DESIGNATION: ;L. 12. DESIRED FUTURE LAND USE DESIGNATION: A ei, • A , ,, • .4.0 Al I ' • • ,S•, „ e . C, r 13. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) El Comprehensive Plan Text 1E1 Other " RE7...orle Amendment ® Future Land Use Map Amendment ® Environmental Checklist DOC. (SEPA) INDEX # ,g- ; :1.. n, � -'' Ea _ �?- _�:�;,:.,a�.'�.`'. ,' ,`.{ = h . yr:.' 4,• � a�aa. _ b: :=t; w. - _ - - XP • - .°_"h r "°'� ^?i.+:v -'tom, y'.R5 "ya'„'. h 14. Maps(s) of the subject property indicating roads, any areas identified as critical area designations, and the Future Land Use Map designation of adjacent properties; 15. Maps(s) indicating the current and proposed Future Land Use Map designations. Maps are to be provided in both an 8 -1/2" by 11" and 11" by 17" format and to a standard engineering scale (e.g. 1:20); 16. 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; .Sew z aZ cJc cJ 17. A written narrative stating the reason for the request for the Future Land Use Map amendment, explaining how the proposed amendment meets the criteria in YMC section 16.10.040; and / (fez a12 chi e e/ 18. A completed and signed SEPA checklist (see attached checklist). FOR POLICYIREGULATORYAMENDMENTS: • 19. Identificati of the proposed amendment indicating the section and paragraph location for the current Comprehensive Plan provision sought to be changed, if any, and including, for text amendments, the specific text sought to be added or amended; 20. A written narrative stating the reasons for the request for the amendment and explaining how the proposed amendment meets the criteria in YMC Ch.16.10.040; and 21. A completed and signed SEPA checklist pursuant to YMC Ch. 6.88 (see attached checklist). „ �.•!8i".r-�'- J� D w _ �.�: ,�''�.. ��- !'J� "# v'�9, .. .+rt'" .� rt 3'etit ^.��,'•„� � _ `:.a�� ���� ��� �''� - ;i'�6�� 22. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. , /VGe Cott . SIGNATURE DATE Revised 2 :04 FOR ADMINISTRATIVE USE ONLY FILE No. DATE FEE PAID', RECEIVED BY AMOUNT RECEIPT NO. HEARING DATE COMP. Gi,bClivZ )f COO . (9 90 SEPA /1,C 9 d U 9 nil n 9 . DOC. INDEX City Of Yakima Comprehensive Plan Amendment Application 16. Currently, both parcels are vacant lots situated in the back lot of the Southgate Shopping Center. The 2004 aerial view of Parcel #18132514410 shows several buildings on the property that have since been demolished and cleared. Sewer & Water Access: A (less than 15 ?) sewer line cuts through Parcel #4405 running North to South across entirety of back lot. In addition, water pipes run along both 5 Avenue and Nob Hill Boulevard. Thus, both properties have access to sewer and water. Proximity of Public Facilities • Schools: o Grace Lutheran Church (.25 miles) o Yakima School District #7 Administration (.3 miles) o Yakima Valley Community College (.65 miles) o Davis High School (.75 miles) • Yakima Police Department (1.05 miles) • Yakima Fire Department, Fire Station #95 (1.15 miles) 17. In reference to YMC section 16.10.040, the Comprehensive Plan should be amended due to the apparent transition towards greater commercial activity in the immediate area. Nob Hill Boulevard has become one of the most frequently traveled arterials in Yakima, and the intersection of 3 Ave and Nob Hill has become the second busiest in the whole city, which is where the Southgate Shopping Center is located. When looking at the Future Land Use map, one will find that practically all the parcels along Nob Hill and those extending beyond have been designated as Neighborhood Commercial (previously defined as SCC). The two parcels that we are looking to designate as Neighborhood Commercial share property lines with other Neighborhood Commercial parcels, which are essentially part of the larger Southgate Shopping Center complex. DOC. INDEX # fr REZONE CHAPTER 15.23, YAKIMA URBAN AREA ZONING ORDINANCE (UAZO) PART II - APPLICATION INFORMATION 1. REQUEST: • (I, we) the property owner(s) request that the following described property be rezoned: From • To JCC • 2. LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: (Attach if lengthy) & /?7, -,,,% / Qr P T ` : S,r, a Ai I 0 ,, 1. • i ar S 4,4 0 1. . y A • !► .t a 3. OWNER'S SIGNATURE: (I, we) certify that (I, we) are the owner(s) of record of all of the above - described property: • • PROPERTY O )SIGNATURE Co /� STATE OF WASHINGTON) 1 COUNTY OF YAKIMA ) On this day personally appeared before me U. \ , ixj known to me to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they are the owner(s) of the property requested to be rezoned, have read the application and know the contents thereof, and believe the same to be true. GIVEN under my had and official seal this day of O 20D PART III - REQUIRED ATTACHMENTS 4. ENVIRONMENTAL CHECKLIST A properly completed Environmental Checklist is mandated by the Washington State • Environmental Policy Act (SEPA) for a rezone request. Checklists should be obtained from the Planning Division. 5. WRITTEN NARRATIVE thoroughly answers the following questions in as much detail as possible: A. Is the requested zoning change suitable with the property in question (subject property)? How so? B. How is the rezone request in compliance with and/or how does the request deviate from the 1997 Yakima Urban Area Comprehensive Plan as amended? C. Are there adequate public facilities, such as traffic capacity, sewer service, potable water, storm water and other public services and infrastructure existing on and around the subject property? Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? D. Is the proposed zone change and associated land uses changes compatible with the existing neighboring uses? What mitigating measures are planned to address incompatibility, such as site screening, buffering building ptesign, open space traffic flow. alternation, etc.? l, E. Is there a public need for the proposed change? INDEX 6. SPECIFIC PROJECT If this request is for a specific project please include the following: # 6,1 A. Written project description including number of housing units and parking spaces. If the proposal is for a business describe hours of operation, days per week and all other pertinent information related to business operations. B. Site Plan (Please use the City of Yakima Site Plan Checklist) Note: All submitted information will be forwarded to the Hearing Examiner along with your application and will become part of the public hearing record. Clear, comprehensive and accurate detail of the information is in the best interest of the applicant. Rezone Application Written Narrative A. The requested zoning change (R -1 to SCC) is suitable with the property due to the apparent transition towards greater commercial activity in the immediate area. Nob Hill Boulevard has become one of the most frequently traveled arterials in Yakima, and the intersection of 3 Ave and Nob Hill has become the second busiest in the whole city, which is where the Southgate Shopping Center is located. Most of the other parcels along Nob Hill have already been zoned as SCC, thus it certainly seems suitable for the two parcels in question to be rezoned as SCC. • B. When looking at the Future Land Use map, one will find that practically all the parcels along Nob Hill and those extending beyond have been designated as Neighborhood Commercial. The two parcels that we are looking to designate as Neighborhood Commercial /Community Commercial share property lines with other Neighborhood Commercial parcels, which are essentially part of the larger Southgate Shopping Center complex. In addition, according to the Future Land Use and Current Zoning Comparison (Yakima Urban Area Comprehensive Plan • 2025, pg. III -18), these new Community Commercial parcels would be in compliance once they are rezoned as SCC. C. In regard to adequate public facilities, there should not be any issues with short falls when considering the most intensive use of the new zoning. Since these parcels already share property lines with the Southgate Shopping Center and reside just off Nob Hill Boulevard, one can conclude adequate public facilities exist that could easily accommodate future commercial development. D. As previously mentioned, the parcels in question are located adjacent to a large shopping center. There does not appear to be any incompatibility issues as most other parcels along Nob Hill have already been zoned as SCC, and the area is obviously transitioning to greater commercial development. If any problems do arise with neighboring properties in the future, we would certainly be agreeable to accommodating any reasonable mitigating measure. E. The Noel Corporation has always taken pride in supporting greater economic and cultural development in the Yakima Valley and beyond. We feel the public would be best served if we had the opportunity to continue enhancing the aesthetic of the Nob Hill arterial, while also building a greater economic foundation'for our community. DOC. INDEX • - MINUTES OF SPECIAL MEETING OF DIRECTORS OF THE NOEL CORPORATION • PEPSI COLA BOTTLING COMPANY OF THE DALLES PEPSI COLA BOTTLING COMPANY OF PASCO PEPSI COLA BOTTLING COMPANY OF WALLA WALLA A Special Meeting of the Directors of THE NOEL CORPORATION, PEPSI COLA BOTTLING COMPANY OF THE DALLES, PEPSI COLA BOTTLING COMPANY OF PASCO, AND PEPSI COLA BOTTLING COMPANY OF WALLA WALLA was held at The Noel Corporation's office on Thursday, March 9, 2006 without notice. All of the directors were either present or have consented to the meeting by signing the attached waiver which is incorporated herein by reference. The meeting was therefore duly constituted. The following directors previously elected shall continue to serve until their successors are otherwise nominated, elected and qualified: Rodger D. Noel, Larry G. Estes, Cindy L. Zimmerman, and Justin J. Noel. It was moved, seconded and unanimously passed that Rodger D. Noel and Larry G. Estes shall continue to serve as the Executive Committee for each of the corporations. Additionally, Justin J. Noel is also appointed to those Executive Committees. Hereafter the Executive Committees shall consist of three members appointed by the Board of Directors. The Executive Committees shall only require the signature of two of the three members to bind the respective corporation. Further the Executive Committees shall have all the powers provided for under RCW 23B.08.250 as well as are authorized and empowered to act for and on behalf of the corporations and in doing so shall have and may exercise all of the authority of the Board of Directors. It was next moved, seconded and unanimously passed that the following officers be elected for each corporation to serve until their successors are elected and qualified: Rodger D. Noel President Justin J. Noel Vice- President Larry G. Estes Vice - President/Secretary Cindy L. Zimmerman Treasurer MINUTES OF SPECIAL JOINT MEETING - 1 Law Offices 490.01 \cre \noel cor \general \special min 2006 LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street • P.O. Box 1689 Yakima, Washington 98907 D V r+ } Telephone (509) 248 -7220 �J l� • Fax (509) 575 -1883 INDEX After further discussion of the affairs of the corporations, the meeting was adjourned. ; /Rod er D. Noel, P sid nt Attest: • M arry/ . Estes, Secretary • • • MINUTES OF SPECIAL JOINT MEETING - 2 Law Offices 490.01 \cre \noel cor \general \special min 2006 LYON, WE ices- & North Third PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 98907 � vv Telephone (509) 248 -7220 i L: �En Fax (509) 575 -1883 I WAIVER OF NOTICE The undersigned, being all of the Directors of THE NOEL CORPORATION, PEPSI COLA BOTTLING COMPANY OF THE DALLES, INC., PEPSI COLA BOTTLING COMPANY OF PASCO, AND PEPSI COLA BOTTLING COMPANY OF WALLA WALLA do hereby waive notice of the time and place of the special meeting of the corporations, held on March 9, 2006 at The Noel Corporation's offices in Yakima, Washington. DIRECTORS: / t ,L 4 Rodger D. Noel • . i / stes saga. ' t/ • Cindy L. Z m i an Justin J. Noel • • • • MINUTES OF SPECIAL JOINT MEETING - 3 Law Offices 490.01 \cre \noel cor \general\special min 2006 LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 98907 Telephone (509) 248 -7220 : ;_7 E X Fax (509) 575 -1883 I I „,,,, REQUIRED ATTACHMENT: '-c'' Y Aimi ENVIRONMENTAL CHECKLIST (74;1,;.! * :1 ' i ^ 1' STATE ENVIRONMENTAL POLICY ACT (SEPA) ;h • (AS TAKEN FROM WAC 197 -11 -960) °v� CHAPTER 6.88, YAKIMA MUNICIPAL CODE (YMC) �'PURP�OSE � OF� C>BE CK I IST' - - .., -, .... �. _. o- -v _,- -- , .. ., �� �':�s':�:`3.�:'s z. _, .�. - - r�"`r� - �: s.' f�' . '=�._.r,W , ��l r �- r- $ .-� e..a�•�: s;�.g�',- `,��,'"- �'�-r��;�.�: s�- :atT°.`'.^°, —� c�. �. "".r.- 1. `�''r'".�':; * The State Environmental Policy Act (SEPA), chapter 43.2 IC RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. . _..,. . � �: � - . : a_ .v.:.._._:;:..-.,.:- - rn� .mow �•-� .may --�- . - _ :.���.;. INSTRIJCTIONS:FOR -PICANTSb t¢ = _;= :- ° 3° l- - - = , - �.,�.,.. - ... � . . ,- . .. .... -. .K" .., .. .3,., ._._»✓? -c?a;, ��• -. ..__ .��= ?�r.3 -r< • 3f '�:s�� �,�, �, �" ,.k� YY,z=,.�� This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply ". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. - - _,�•5�,,�'.- `�.;:� °�rr :sue"= '`:� ='� 3�.�.- ��s'+€z. =<F - =- f%x���!'������' =-° ��`z,:.,tn�:- 1'S� u�. , _ �.�. n . _ ...- - � - _� ..M,�- _.._. �ORNON�RO,T>!!:CT P)EZOPOSAS ,:. 4 ,,�, � �� '�:�' " �� _� .,�.�� •,� � - r .-��� _cif•: ,�. �.. ,. ':�'�'R•- . Complete this checklist for non - project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non - project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. `SA BACKGROUND INFORMATION (To be con pleted;by the *applicant.) < . . _` f _ 1. NAME OF PROPOSED PROJECT (if applicable) 2. APPLICANTS NAME & PHONE The Noel Corporation „(509) 248 -1313 3. APPLICANTS ADDRESS 1001 S. 1 St., Yakima, WA 98901 4. CONTACT PERSON & PHONE Justin Noel (509) 248 -1313 5. AGENCY REQUESTING CHECKLIST City of Yakima 6. DATE THE CHECKLIST WAS PREPARED April 20, 2007 DOC. INDEX 7. PROPOSED TIMING OR SCHEDULE (including phasing, if applicable) # 15 -- Revised 8 -04 page I of 10 BACKGROUND QUESTIONS (Attach if Lengthy) 1. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No, we do not have any current plans for future development. 2. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. LandAmerica Assessment Corporation prepared a Phase I & II Environmental Site Assessment on the entire Southgate Shopping Center. Parcel #18132514405 was part of this assessment. 3. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Yes, we are awaiting the approval of the City of Yakima Comprehensive Plan Amendment and the Rezoning Application 4. List any government approvals or permits that will be needed for your proposal, if known. Both the Comprehensive Plan Amendment and Rezoning Application necessitate approval. 5. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) We are looking to change the Land Use Designation from Low Density Residential to Neighborhood Commercial/Community Commercial, and rezone the parcels from R -1 to SCC. ( 6. 1 Location of the proposal. Give sufficient information for a person to understand the precise Iocation of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required b, agency, you are not required to duplicate maps or detailed plans submitted with any permit applications re]a this checklist. 70/5S 6 %,f� 1 n. �' X7'72 Li/ 5 l/e SI/1/ / n ✓c/ j - 71 P, Nf page 2 of 10 _ NMENTAtiELEMENTS.: �com leted �tbe � ��. �..:�r:,,.:. (To be. P- - _ a licaiat ��_,.. - �:�..� _.., _ -... ��a��n -�: _ . �OZ te r:: Space Reserved for 1. Earth Agency Comments a. General description of the site (✓ one): X flat ❑ rolling n hilly ❑ steep slopes ❑ mountainous • ❑ other N/A b. What is the steepest slope on the site (approximate percent slope)? The steepest slope is approximately 15 %. 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. • The site is a vacant lot primarily comprised of dirt and gravel without vegetation. In addition, in accordance with the city's recommendation, a layer of dust abatement (lignite) was applied in July 2006. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There are not any indications or history of unstable soils in the immediate vicinity. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. This is a non - project action. f. Could erosion occur as a result of clearing, construction, or use'? If so, generally • describe. This is a non - project action. However, the previous demolition and clearing of residences did not result in any apparent erosion. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? This is anon- project action. • h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: This is a non - project action. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is • completed? If any, generally describe and give approximate quantities if known. This is a non - project action. DOC. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, INDEX generally describe. # _1 This is a non - project action. c. Propose d measures to reduce or control emissions or other impacts to air, if any: As previously mentioned, lignite dust abatement was applied to vacant parcels to mitigate wind -blown particles. page 3 of 10 Space Reserved for 3. Water Agency Comments a. Surface: 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 No, there are not any surface water bodies. - 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. This is a non - project action. 3. Est'' I ate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material This is a non - project action. 4. Will the proposal require surface water withdrawals or diversions? Give general • description, purpose, and approximate quantities if known. This is a non - project action. 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. . At e 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. This is a non - project action. b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. This is a non - project action. 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, DOC' the number of such systems, the number of houses to be served (if applicable), or INDEX the number of animals or humans the system(s) are expected to serve. This is a non - project action. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. This is a non - project action. Storm water runoff would use standard city drainage system. page 4 of 10 2. Could waste materials enter ground or surface waters? If so, generally describe. Space Reserved for Agency Comments No, we are not aware of any possible waste. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: 4. Plants: a. Check (✓) types of vegetation found on the site: deciduous tree: ❑ alder ❑ maple ❑ aspen 2 other Aere evergreen green: ❑ fir ❑ cedar ❑ pine ❑ other ❑ shrubs ❑ grass ❑ pasture crop or grain wet soil plants: ❑ cattail ❑ buttercup ❑ bullrush ❑ skunk cabbage ❑ other water plants: ❑ water lily ❑ eelgrass ❑ milfoil ❑ other other types of vegetation: b. What kind and amount of vegetation will be removed or altered? N /A c. List threatened or endangered species known to be on or near the site. None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: This is a non - project action. 5. Animals: a. Check (✓) any birds and animals which have been observed on or near the site or are known to be on or near the site: 4/ 0796, 1) birds: ❑ hawk ❑ heron ❑ eagle ❑ songbirds ❑ other 2) mammals: ❑ deer ❑ bear ❑ elk ❑ beaver ❑ other salmon DEC. 3) fish: ❑ bass ❑ trout ❑ herring shellfish INDEX ❑ other # Q b. List any threatened or endangered species known to be on or near the site. None known. c. Is the site part of a migration route? If so, explain. No. d. Proposed measures to preserve or enhance wildlife, if any: i/°7 e page 5 of 10 6. Energy and Natural Resources Space Reserved for Agency Comments a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. This is a non - project action. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. This is a non - project action. 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: This is a non- project action. 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. There are no environmental hazards that could occur. 1. Describe special emergency services that might be required. N /A. 2. Proposed measures to reduce or control environmental health hazards, if any: b. Noise 1. What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? There is considerable traffic noise, but it would not affect our proposal. 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. This is a non - project action 3. Proposed measures to reduce or control noise impacts, if any: /V�iejvoirece DDC. INDEX 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The parcels are vacant lots. b. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. None d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? R -1 Page 6 of 10 f. What is the current comprehensive plan designation of the site? Space Reserved for LD Agency Comments g. If applicable, what is the current shoreline master program designation of the site? N/A 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? Nobody j. Approximately how many people would the completed project displace? Nobody k. Proposed measures to avoid or reduce displacement impacts, if any go e .DCs e >C I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Rezoning 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. N/A b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. N/A c. Proposed measures to reduce or control housing impacts, if any: 10. Aesthetics a. What is the tallest height of any proposed structures, not including antennas; what is the principal exterior building materials proposed? This is a non - project action b. What views in the immediate vicinity would be altered or obstructed? None DOC. c. Proposed measures to reduce or control aesthetic impacts, if any: INDEX /7 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? ' N/A b. Could light or glare from the finished project be a safety hazard or interfere with views? This is a non - project action. c. What existing off -site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: OY� -I ��c °T'W page 7 of 10 12. Recreation Space Reserved for Agency Comments a. What designated and informal recreational opportunities are in the immediate vicinity? None b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. There are none known. c. Proposed measures to reduce or control impacts, if any: /(171 e /)/o�0<re . L 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. - The parcels can be accessed from Nob Hill Boulevard and 5 Avenue. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? Public transit (buses) currently has stops in close proximity. c. How many parking spaces would the completed project have? How many would the project eliminate? DOC. This is anon- project action. INDEX d. Will the proposal require any new roads or streets, or improvements to existing roads or #. -134 streets, not including driveways? If so, generally describe (indicate whether public or private). This is a non - project action. e. Will the project 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? If known, indicate when peak volumes would occur. This is a non - project action. g. Proposed measures to reduce or control transportation impacts, if any: �ir�•pa page 8 of 10 15. Public Services Space Reserved for Agency Comments a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: No 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. This is a non - project action. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. There is a sewer and irrigation line running through Parcel #18132514405. • 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. This is a non - project action. ; tl6NATU ltr (Ta be aii leted by the rjibiieliO s - . 4*4I .. g ' ". - - •_ The above answers are true and complete to the best of my knowledge. I understand that the lead ageg . f lying on them to make its decision. ision. t Signature _ �. .1 - �� Date Submitted: 7��p A SIIPP _NN Aijk TSHa NQNPROJECTAGTIO (2 completed by applicant j� s ,(Do not use the foIlowvgfor.pro , ecf actions } , 4 ...-_ Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. r...,... 35. .7. .&' - r.'R. p.� t�"£ -'.. -� — _.`:ii °.�•',:,; - :'�•'S�-._§ - ;�.. _ __.r' ' _ �y::3�•. �.'�+°A^....n„'3fY- ....r..�-- •- .a:,aFri.'._te4 ......h� �Fiw..rc- ... -. .a.. ...r -. . _Yi">.° _ �'�EU a_.�3°.1��� -.`�' e � - _ _'sE't.._ - Y: 3�.,. _ Y-.'.Rq. a - �`';:� ^:4?: =;"fit "%?2` ,:" '. ^'-Y':b� ,t'.. c�,.. ro.:, .`- .- _- ,s-T ;h.- +.b.�,*� ,m -. `�,_ -r �'�.� 'R'�'� -• 'y ,'.r-- .�,,_... ,.,^�`��i..>z�..'€. ,._ �p«ar3ti -��N �'x,��'.��w.''''�r .� -.�?. � r =;�..:' ��'* �...?-�'°�"' -- ?. 6�..�_..- gye,cu�,.:. -�.t� r3""�y�. .-- .,�- T w=�.s i'rt�.^. i��j'..:..:...s�?a, . =.. �...K:r.' ,y_.,.x. ,- a3a ..5x:�- ac2xs:...s�,- .,:.a.,a =: �..�'A.�..�`:%�'S-_.ia'3y.F `".:t,:X...�.m ._..r '.d- _'fir-.+. � -.... �. r..�_. a;:'}5!��9.',sv^....:1 .... :atR`^:L':,.s.�ua..c' -'n �:� },r."�. -i 1. How would the proposal be likely to increase discharge to water, emissions to air, Space Reserved for production, storage, or release of toxic or hazardous substances; or production of noise? Agency Comments This proposal would not affect any of the above factors.. page 9,of 10 Space Reserved for Proposed measures to avoid or reduce such increases are: Agency Comments N/A 2. How would; the proposal be likely to affect plants, animals, fish, or marine life? There would be no effect on any plant or animal life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: N/A 3. How would the proposal be likely to deplete energy or natural resources? There would be no depletion of any kind. Proposed measures to protect or conserve energy and natural resources are: N/A 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? There would be no effect on any of the above listed entities. Proposed measures to protect such resources or to avoid or reduce impacts are: N/A 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? There would be no effect on any of the above listed entities. Proposed measures to avoid or reduce shoreline and land use impacts are: N/A DOC. 6. How would' the proposal be likely to increase demands on transportation or public services INDEX and utilities? # ,r There would be no effect on transportation or public services and utilities. Proposed measures to reduce or respond to such demand(s) are: N/A 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. We are not aware of any conflicts. page 10 of 10 DOC. INDEX i - AGREEMENT TO PAY FEES This agreement between the City of Yakima and No(1/ t/ oYT Applicant's Name — Please Print the p707,)cc ad✓�rt is entered into this /, / / day of 7'/ ,tCpplicadt s Relatio ip to Landowner 2007. This agreement is applicable to the property located at: Q /i /h S 5 , '2 7? 5'4 e. s/// g f/, / /,B /vcl a //, 97 - The individuals and parties named herein as having an interest in the above - described property or project, agree to the following: 1. To reimburse the City of Yakima for processing costs incurred under Yakima Municipal Code Chapter 16.10, Comprehensive Plan Amendment Procedures. This fee is based on processing costs incurred at the hourly rate of $45.00 plus processing costs. A minimum $500.00 deposit is required to initiate review, thereafter, an accounting of fees thus far utilized shall be provided and any additional fees will be billed monthly as processing costs are accrued. 2. The undersigned agrees that these fees are due and payable upon receipt of the billing as specified above. The monthly billing should be sent to the attention of: Z /e/ (i0/ 1 I understand that should additional processing costs be required, that the failure to pay these costs as they accrue may result in delays in completing your comprehensive plan amendment review. • Applicant agremenfees.doc DOC. INDEX # 1 Joint Board of Yakima City Council & Yakima County Commissioners 2007 Comprehensive Plan Amendments EXHIBIT LIST CHAPTER C Brashen Yakima, LLC CPA #3 -07, Rezone#5 -07, EC #14 -07 1230 South First Street =s v� � �rDQC1M�N"I=`..,, �•- °'` ` �'" "''` "" � �; � .�� t,, FDA; '� s� • a'" j'i ,^,i; .•' ': "s3zsw.,�= " ��z':^ fir.. `v- �s�,?�... � - .R �`,� "' A .«:,,- "i +;,p4z $? ": � >.;a: - .�su;' +!fiF: �: ' �;` ^�, <�,'r �.�§z;'� y .,r.,•^ : �..; y �A ..�.i;° a's;; . ^'fit; �"'� } °x, � ? , #" `�' ,�jjj,, r;fi''" '_g ,'. z >. ,,- yK.y.I,' ?.it -:,t'«:« ��' °s #,�a "a? -;,. , "s ' �'v,.. Ortx m ,rn .y •,^ ,R�, ,..SF?' z3 :" ".� C -1 Land Use Application for CPA, Rezone, and Environmental 4/30/07 Review C -2 Maps 5/08/07 C =3 Comment Letter from Gwen Clear, Department of Ecology 9/11/07 C-4 Land Use Action Installation Certificate 8/22/07 C -5 Notice of Application, Environmental Review, and Public 8/22/07 Hearing with Preliminary DNS (Press Release, Legal Notice, Parties Notified, and Affidavit of Mailing) C -6 Notice of Amended Application, Environmental Review, and 9/07/07 Public Hearing (Parties Notified and Affidavit of Mailing) C -7 Notice of Final DNS 10/04/07 (Press Release, Legal Notice, Parties Notified, and Affidavit of Mailing) C -8 Notice of Hearing Examiner Recommendation 11/05/07 (Parties Notified and Affidavit of Mailing) C -9 Notice of RPC Public Hearing 11/16/07 (Parties Notified and Affidavit of Mailing) C -10 Staff Report 10/11/07 C -11 Hearing Examiner Recommendation 11/02/07 `=?ECEIVED '40V 0 2007 Y OF YAKIMA PLANNING DIV. City of Yakima, Washington Hearing Examiner's Recommendation November 2, 2007 In the Matter of a Rezone Application ) Submitted by: ) UAZO RZ #5 -07 Linc Properties / Brashen Yakima, LLC ) EC #14 -07 To Rezone a Parcel at 1214 — 1230 South ) 1 Street from the Heavy Industrial Zone ) To the Central Business District Support ) Zone and Environmental Review ) Introduction. The Hearing Examiner conducted a public hearing on October 11, 2007. The staff report presented by Associate Planner Vaughn McBride recommended approval of this application for a rezone of the parcel from the Heavy Industrial (M -2) to the Central Business District Support (CBDS) zoning district. The zone change can only be approved if the related application for a Comprehensive Plan designation amendment of the parcel from the Industrial to the Arterial Commercial designation is approved. The General Commercial designation mentioned as an alternative in the application was not approved by the State Department of Community, Trade and Economic Development until such time as development regulations are adopted for that designation. The Regional Planning Commission will make a recommendation to the City Council relative to the requested Comprehensive Plan amendment to the Linc Properties / Brashen Yakima, LLC 1 Rezone from M -2 to CBDS 1214 -1230 South 1 Street — DOC. RZ #5 -07; EC #14 -07 INDEX # c_i Arterial Commercial designation recommended for approval by Mr. McBride. The Hearing Examiner makes this recommendation to the City Council relative to approval of the requested rezone to CBDS recommended . for approval by Mr. McBride. The applicant's representative, Chad Hatfield of the law firm of Velikanje Halverson, P.C., testified in favor of the proposed rezone. No one testified in opposition to the proposed rezone at the hearing or submitted written comments in opposition to the proposed rezone. Since the SEPA appeal period did not expire until October 18, 2007, the hearing was continued to October 19, 2007. On October 19, 2007, the hearing and the record regarding this rezone request were closed after Mr. McBride testified that there was no SEPA appeal prior to the expiration of the SEPA appeal period. This recommendation has been issued within ten business days after the hearing and the record were closed. Summary of Recommendation. The Hearing Examiner recommends approval by the Yakima City Council of this request for a rezone from the M -2 to the CBDS zoning district. Basis for Recommendation. Based upon a view of the site without anyone else present on October 9, 2007; the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing on October 11, 2007; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Examiner makes the following: Linc Properties / Brashen Yakima, LLC 2 Rezone from M -2 to CBDS 1214 -1230 South 1s Street DOC. RZ #5 -07; EC #14 -07 INDEX # a - il FINDINGS I. Applicant/Property . Owner. The applicant is Linc Properties and the property owner is Brashen Yakima, LLC, 11715 SE Fifth Street #111, Bellevue, Washington. The applicant's representative is Chad Hatfield of the law firm of Velikanje Halverson, P.C., 405 East Lincoln Avenue, Yakima, Washington. II. Location. The location of the requested rezone is 1214 — 1230 South 1st Str eet, Yakima, Washington. The parcel is on the west side of South 1 Street north of its intersection with Nob Hill Boulevard. The parcel number is 191330- 13004. III. Application. This is an application to rezone a triangular 1.62 -acre parcel from Heavy Industrial (M -2) to Central Business District Support (CBDS) in order to conform the zoning of the parcel to its existing and historical retail/commercial usage. The parcel is developed with buildings and parking areas currently used by Rent -A- Center, Schuck's Auto Supply and Sherwin- Williams Paints. One of the buildings is currently vacant. IV. Notices. Notices were provided in the following manner: Posting of notice on property: August 22, 2007 Mailing of application, hearing & Preliminary SEPA notice: August 22, 2007 Publishing of said notice in Yakima Herald - Republic: August 22, 2007 Mailing of revised application, hearing & SEPA notice: September 7, 2007 Publication of revised application, hearing & SEPA notice: September 7, 2007 Mailing of notice of SEPA Determination (DNS): October 4, 2007 Publishing of said notice in Yakima Herald - Republic: October 4, 2007 Linc Properties / Brashen Yakima, LLC 3 Rezone from M -2 to CBDS 1214 -1230 South 1S` Street G `�"' RZ #5 -07; EC #14 -07 INDEX # C -I V. State Environmental Policy Act. A preliminary Determination of Non - significance (DNS) was issued by the City of Yakima on August 22, 2007. A final Determination of Nonsignificance was issued on October 4, 2007. No appeal was filed during the SEPA appeal period which expired on October 18, 2007. VI. Current Zoning and Land Uses. The subject parcel is currently zoned Heavy Industrial (M -2) consistent with its Comprehensive Plan Industrial land use designation. The parcel is used for retail and commercial uses, including at the present time Rent -A- Center, Schuck's Auto Supply and Sherwin- Williams Paints. The characteristics of adjacent properties are: Location Zoning Comprehensive Plan Land Use North CBDS /M -1 Arterial Commercial/Industrial Commercial South CBDS/M -1 Arterial Commercial/Industrial Commercial East CBDS Arterial Commercial. Commercial West M -1 Industrial Commercial VII. Rezone Review Criteria. Recommendations regarding rezone applications within the Yakima Urban Area must be based upon the following criteria specified • in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance (UAZO): 1) The testimony at the public hearing: Associate Planner Vaughn McBride and applicant's representative Chad Hatfield testified in favor of the requested rezone. There was no testimony offered at the hearing in opposition to the requested rezone. The testimony at the hearing all supported a positive recommendation regarding this rezone and no written comments were submitted in opposition to the requested rezone. Linc Properties / Brashen Yakima, LLC 4 Rezone from M -2 to CBDS 1214 -1230 South 1 Street DOC RZ #5 -07; EC #14 -07 INDEX # �,_�� 2) The suitability of the property for uses permitted under the proposed zoning: The property is well suited for the range of uses permitted within the CBDS zoning district and has been developed and used specifically for those types of retail/commercial uses for quite some time. The property has convenient access to a major arterial (South 1 Street). There are many commercial uses in the vicinity of this property. This property is not suited for industrial uses because it is not of sufficient size and configuration to accommodate construction, manufacturing, transportation or warehousing type activities characteristic of its current Heavy Industrial zoning. 3) Recommendations from interested agencies and departments: Recommendations or comments from agencies or departments were as follows: a) Agencies: Recommendations or comments submitted by agencies during the comment period were not particularly pertinent to this nonproject rezone since no new development would appear to be likely on this fully- developed parcel in the foreseeable future, but the comments were as follows: (i) Washington State Department of Community, Trade and Economic Development: Receipt of documents relating to this proposed rezone is acknowledged and notice thereof has been forwarded to other State agencies. (ii) Washington State Department of Ecology: The water purveyor is responsible for ensuring that any proposed uses are within the • limitations of its water rights. An NPDES Construction Stormwater Permit may be required for any development exceeding one acre in size. b) Development Services Team: Recommendations or comments from Departments that were expressed at the Development Services Team meeting regarding the requested rezone were as follows: (i) City Traffic Engineering: South 1 Street is a five -lane Primary Arterial Street which carries approximately 15,975 Average Line Properties / Brashen Yakima. LLC 5 Re from M -2 to CBDS 1214 -1230 South 1S Street DO`:, RZ #5-07; EC #14 -07 INDEX # C -i� Daily Vehicle Trips and has a Street Segment Capacity Level of Service "A." The subject property is currently developed with a mixed -use commercial complex, shared parking and existing driveways. The requested Comprehensive Plan amendment and rezone have little or no traffic impacts associated. (ii) City Water/Irrigation: The details as to water service were described at length for the Development Services Team meeting. They will not be repeated here since further development in the foreseeable future on this property that would require reference to those details seems unlikely, and those details can be easily obtained if needed. 4) The extent to which the proposed rezone is in compliance with and /or deviates from the goals and policies as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the Zoning Ordinance: a) The Comprehensive Plan: This rezone request is accompanied by a request to change the Future Land Use Map for the subject parcel from Industrial to Arterial Commercial in order to accommodate the requested rezone of the parcel from the Heavy Industrial (M -2) to the Central Business District Support (CBDS) zoning district. The requested rezone cannot be approved without that change in the Comprehensive Plan designation because the existing Industrial Comprehensive Plan designation does not support the Central Business District Support (CBDS) zoning classification. If the Comprehensive Plan designation of the parcel is changed to Arterial Commercial, that designation would support the requested rezone of the parcel to Central Business District Support (CBDS). b) The Zoning Ordinance: Subsection 15.03.030(11) of the Urban Area Zoning Ordinance states that the purpose of the Central Business District Support (CBDS) zoning district is in part to accommodate retail activities and that it is primarily located near the central business district or along the major arterials Linc Properties / Brashen Yakima, LLC 6 Rezone from M -2 to CBDS 1214 -1230 South 1 Street INDEX RZ #5 -07; EC #14 -07 # c_i leading to the central business district. Central Business District Support uses already exist on the subject parcel and on nearby parcels which are also located along the major arterial of South 1 Street. The proposed zoning would be consistent with those uses and the existing zoning is not. 5) The adequacy of public facilities such as roads, sewer, water and other required public services: The subject parcel is currently served by all necessary public facilities such as public water, public sewer, public transit, fire, police and other public services. 6) The compatibility of the proposed zone change and associated uses with neighboring land uses: The proposed rezone of the subject parcel and the uses allowed by the proposed zoning would be compatible with longstanding neighboring land uses of a commercial nature. The proposed rezone would also conform the zoning of the property to the longstanding commercial uses that are already located on the property. 7) The public need for the proposed change: The evidence presented at the hearing was undisputed to the effect that the demand for industrial uses at this _ location is virtually nonexistent in the current marketplace, particularly on a parcel that is constrained and limited in its adaptability to industrial uses. On the other hand, there is a high demand for retailcommercial uses in this area. This property is able to fulfill a public need for retail/commercial services at a readily accessible and convenient location. VIII. Consistency of the Rezone with Development Regulations and with the Comprehensive Plan under the Criteria Required by YMC 16.06.020(B) is determined by consideration of the following factors: 1) The types of land uses permitted at the site by the City's Central Linc Properties / Brashen Yakima, LLC 7 Rezone from M -2 to CBDS 1214 -1230 South et Street DOC. RZ #5 -07; EC #14 -07 INDEX # G -(1 Business District Support (CBDS) zoning district are not consistent with the Comprehensive Plan's current Industrial designation for the subject parcel. They would be consistent with the requested Comprehensive Plan designation amendment to Arterial Commercial. 2) The density of residential development or the level of development such as units per acre or other measures of density are not a factor weighing against this rezone request. The present uses and any future proposed uses would comply with applicable CBDS zoning ordinance provisions relating to the density of development. 3) The availability and adequacy of infrastructure and public facilities are present and support the applicant's request for approval of the rezone. 4) The characteristics of the development currently existing on the subject parcel are consistent with the CBDS zoning provisions. Since this is a nonproject rezone request, any new development would also have to be consistent with the CBDS zoning provisions and applicable development regulations. CONCLUSIONS 1. The Hearing Examiner has jurisdiction under Subsections 15.23.030(C) and (E) of the UAZO to make a recommendation to the Yakima City Council regarding this rezone application. 2. The public notice requirements of Chapters 15 and 16 of the Yakima Municipal Code have been satisfied. 3. SEPA review resulted in issuance of a Determination of Nonsignifi- cance on October 4, 2007 without an appeal being filed by October 18, 2007. 4. If the applicant's. requested Comprehensive Plan amendment from Industrial to Arterial Commercial is ultimately granted, the requested rezone would satisfy the seven rezone criteria in Subsection 15.23.030(E) of the Urban Linc Properties / Brashen Yakima, LLC 8 Rezone from M -2 to CBDS DOC. 1214 -1230 South 1s` Street INDEX RZ #5 -07; EC #14 -07 Area Zoning Ordinance and the four consistency criteria in Subsection 16.06.020(B) of the Yakima Municipal Code which are the applicable criteria to determine whether the requested rezone should be approved. If the requested Comprehensive Plan amendment is not granted, the requested rezone would not satisfy those criteria because the Central Business District Support (CBDS) zoning classification is not supported by the current Industrial Comprehensive Plan designation for the subject parcel. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that this application for a rezone of the subject parcel from the Heavy Industrial (M -2) zoning district to the Central Business District Support (CBDS) zoning district as described in the documentation submitted for UAZO RZ #5 -07 and EC #14-07 be APPROVED if, and only if, the accompanying Comprehensive Plan amendment requested for the property from Industrial to Arterial Commercial is granted. DATED this 2nd day of November, 2007. Gary M. Cuillier, Hearing Examiner Line Properties / Brashen Yakima LLC 9 Rezone from M -2 to CBDS 12i14 -1230 South 1' Street DOC. RZ #5 -07; EC #14 -07 INDEX # e -1 1 • CITY OF YAKIMA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT COMPREHENSIVE PLAN AMENDMENTS - Amendment Request Submitted by: ) Staff Report ) CPA #3 -07, Rezone ) #5 -07 & EC #14 -07 Brashen Yakima, LLC ) Staff Contact ) Vaughn McBride for and amendment to the Future Land Use Map ) Associate Planner of the Yakima Urban Area Comprehensive Plan ) 576 -6315 SUMMARY OF RECOMMENDATIONS The Staff recommends to the Regional Planning Commission that this request be approved. Because of the small land area involved this proposal will have no negative impacts on the integrity of the comprehensive plan. SUMMARY OF REQUEST APPLICANT: Brashen Yakima, LLC LOCATION: 1230 S. First Street PARCEL NO: APN #181330 -13004 The applicant requests a change in the Future Land Use Map from Industrial to General or Arterial Commercial. Future zoning would be Central Business District Support (CBDS) if the amendment is approved. CURRENT ZONING AND LAND USE The project site is currently zoned M -2, Heavy Industrial. The Future Land Use Map designates this property as Industrial. The property is currently retail and commercial uses. Adjacent properties have the following characteristics: Location Zoning Comprehensive Plan Land Use North CBDS/ Arterial Commercial /Industrial Commercial M -1 South CBDS/ Arterial Commercial /Industrial Commercial M -1 East CBDS Arterial Commercial Commercial West M -1 Industrial Commercial DOC. INDEX Brashen Yakima, LLC 1 C ✓' /, 1230 S. First Street 1. V CPA #3 -07, Rezone #5 -07, EC #14 -07 APPLICATION BACKGROUND This 1.62 acre parcel fronts on south First Street and is currently developed with long- standing retail and commercial uses. Adjacent properties have the following characteristics: Location Zoning Comprehensive Plan Land Use North CBDS/M -1 Arterial Commercial /Industrial Commercial South CBDS/M -1 Arterial Commercial/Industrial Commercial East CBDS Arterial Commercial Commercial West M -1 Industrial Commercial Comments Received City of Yakima Water /Irrigation 1. Existing water location, size, etc. a) Existing looped 8 -inch waterline in S. First Street. b) Existing; dead -end 8 -inch waterline along south property line. c) There are two 1 -inch water services and meters to the parcel (1220 & 1230 S. First Street). d) Site is located in the Low Level Pressure Zone. e) Static pressure approximately 84- 95psi, 2. No water extension is necessary at this time. 3. Fire hydrant location a) The nearest fire hydrant is directly in front of the site. b) An additional fire hydrant is at the southwest corner of the site. c) Additional fire hydrants and fire sprinkler system requirements to be determined by Codes and Fire Departments. 4. New public easements not required. 5. LID /Connection charges required only if larger or additional water service is required at time of development. 6. Service installation charges a) Depending on size of service and meter required to service the site. • b) City of Yakima to install all water services. 7. Public /private system — public 8. Fire flow calculations — fire flow available from looped 8 -inch waterline in S. First Street @ 2,800gpm. 9. Irrigation System a) No City irrigation b) It is unclear from current records if site is served with irrigation from a private irrigation company. c) Applicant is encouraged to utilize irrigation water if it is available. DOC. INDEX Brashen Yakima, LLC 2 # 1230 S. First Street C r CPA #3 -07, Rezone #5 -07, EC #14 -07 Traffic Engineering 1. South First Street, is a 5 -lane Primary Arterial that carries approximately 15, ' 975 Average Daily Vehicle Trips with a Street Segment Level of Service "A ". 2. The subject property is currently developed with a mixed -use commercial complex, shared parking and existing driveways. 3. The requested Comprehensive Plan Amendment and Rezone have little to no traffic impacts associated. Department of Ecology has the following concerns: 1. Water Resources — The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal's actions are different than the existing water right (source, purpose, the place of use, or period of use0, then it is subject to approval from the Department of Ecology pursuant to Section 90.03.380 RCW and 90.44.100 RCW. 2. Water Quality — A NPDES Construction Stormwater Permit may be required for development that exceeds one acre in size. A permit and stormwater plan is required prior to beginning ground - breaking activities. Environmental Review The Applicant submitted a Non - Project Environmental Checklist for the proposed Comprehensive Plan amendment and rezone. There are no apparent potential adverse environmental impacts that can be associated with this development request. It is anticipated that a preliminary Determination of Nonsignificance (DNS) will be issued for this proposal. Subsequent project specific development proposals will be subject to additional environmental review in accordance with the provisions of the Yakima Municipal Code and Washington State Environmental Policy Act. PUBLIC NOTICE Date Accomplished Mailing of hearing notice August 22, 2007 Posting of property August 22, 2007 Legal Ad published August 22, 2007 ANALYSIS Comprehensive Plan Amendment Approval Criteria 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. APPROVAL CRITERIA DOC. Brashen Yakima, LLC 3 INDEX 1230 S. First Street C-1(1) ` •, CPA #3 -07, Rezone #5 -07, EC #14 -07 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: Discussion: The Arterial Commercial designation was replaced by a General Commercial designation in the recently adopted Comprehensive Plan, however, the applicant wishes to confirm the use of the property as commercial /retail and in a manner consistent with historic and developed land usage. The site is currently developed in a manner that is inconsistent with industrial land uses. (b) Better implement applicable Comprehensive Plan policies than the current relevant Comprehensive Plan map or text; Discussion: The property is developed to serve a variety of community commercial retail services. The site has convenient access to a major arterial (South First Street) and includes auto - oriented services (Schuck's Auto Supply and Sherwin - Williams), as well as other retail businesses serving the community. The site is not suited to industrial use and is not of sufficient size and configuration to accommodate construction, manufacturing, transportation or warehousing type activities. The proposal to amend the future land use designation to General Commercial (or • Arterial Commercial more appropriately supports the historical uses of the property. (c) Correct an obvious mapping error; Discussion: There is no map error. (d) Address an identified deficiency in the Comprehensive Plan Discussion: There is no obvious deficiency in the Plan. 16.10.040 (2) : Pursuant to RCW § 36.70A.040, proposed Comprehensive Plan amendments shall be coordinated with, and take into consideration, the comprehensive plans adopted by Yakima County, or cities with which the City of Yakima has, in part, common borders or related regional issues as may be required by RCW § 36.70A.100 Discussion: This is a relatively minor request and does not appear to present any adverse consequences for adjacent jurisdictions or service providers. Because of the 'small land area involved, there are no regionally significant issues related to the request. DOC. INDEX Brashen Yakima, LLC 4 1230 S. First Street # CPA #3 -07, Rezone #5 -07, EC #14 -07 16.10.040 (3): 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); Discussion: The proposed amendment is compatible with the provisions of the Growth Management Act, the laws of Washington State, and the Yakima County- wide Planning Policies, in particular, the provisions regarding the direction of the growth to areas where urban services exist, compatibility of land uses neighboring essential public facilities, and private property rights. Conclusion: A granting of this request would affirm the historic use of the site without negatively affecting the surrounding area. 16.10.040 (4): 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. Discussion: This is a' freestanding request and is unrelated to other requests under consideration. Approval of this request will not significantly contribute to the cumulative impacts of other Comprehensive Plan amendments. DISCUSSION OF ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant divulges no direct significant adverse environmental impacts. On August 22, 2007 a preliminary Determination of Nonsignificance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal period lapsed on October 18, 2007. CONCLUSIONS o The amendment is minor in nature. o No adverse impacts have been identified by this amendment request. o A zoning designation that supports commercial land uses would be more appropriate at this site than the continuation of the existing pear orchard or the construction of new residential uses. 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: DOC, INDEX jy Brashen Yakima, LLC 5 1230 S. First Street # CPA #3 -07, Rezone #5 -07, EC #14 -07 �' (1) Testimony at public hearing. Discussion: Neighboring property owners have been mailed a Notice of Application and have been invited to submit written and oral comments on the proposed amendments. Upon review of the public comments received, it may be appropriate for the Hearing Examiner or Regional Planning Commission to modify the Staff recommendation.. (2) The suitability of property in question for uses permitted under the proposed zoning. Discussion: The property is developed to serve a variety of community commercial retail services. The site has convenient access to a major arterial (South First Street) and presently includes auto - oriented services as well as other retail businesses serving the community. The site is not suited to industrial use and is not of sufficient size and configuration to accommodate construction, manufacturing, transportation or warehousing type activities. The General Commercial land use designation better implements applicable comprehensive plan policies and provisions. • (3) The recommendations from interested agencies and departments. Discussion: No agencies are opposed to this rezone. (4) Compliance with the Comprehensive Plan. Discussion: The Future Land Use Map designates the subject property as Professional Office, a designation that does not support the requested rezone from Industrial to General or Arterial Commercial. However, the proposed amendment to the Future Land Use Map to designate the property as General or Arterial Commercial (CBDS) would support the requested rezone as well as the alternative zoning designations. (5) The adequacy of public facilities, such as roads, sewer, water, and other required public services. Discussion: This property is currently served by all necessary public utilities. (6) The compatibility of the proposed zone change and associated uses with neighboring land uses. Discussion: The proposed future land use map and zoning change is more compatible with the historical use of the property, and associated uses with neighboring land uses. (7) The Public need for the proposed change. Discussion: The demand for industrial uses at this location is virtually nonexistent in the current marketplace. The site is constrained and limited in its adaptability to industrial purposes. However, there is high demand for retail /commercial services in this area. Increased development of retail /commercial activities within this area significantly benefits the community and provides retail /commercial services at convenient locations. • DOC• INDEX Brashen Yakima, LLC 6 1230 S. First Street # /�'`' ! , CPA #3 -07, Rezone #5 -07, EC #14 -07 i CONCLUSIONS • The amendment is minor in nature. o No adverse impacts have been identified by this amendment request. o The requested rezone would more appropriately support the establishment of retail /commercial uses. o The property should be rezoned as Central Business District Support (CBDS). • This property is currently served by all necessary public utilities. RECOMMENDATIONS The Department of Community and Economic Development recommends APPROVAL of this amendment request from Industrial to General or Arterial Commercial. • • • DOC. INDEX Brashen Yakima, LLC 7 1230 S. First Street CPA #3 -07, Rezone #5 -07, EC #14 -07 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: Comp Plan Amendment #3 -07 Brashen Yakima 1230 South First Street I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of RPC Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies and all property owners and parties of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 16 day of November . ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Myron Menard Planning Specialist • DOC. INDEX 191330 24412 91330 4413 •1330 016 WESTER HOLD +GS LLC W',.'• HOLDI'GS C - ALS INC PO BOX 130 PO BOX 430 PO BOX 430 YAKIMA, 98907 -0430 YAKIMA, WA 98907 -0430 YAKIMA, WA 989070430 191330 -24411 1 "1330 -24411 WESTERN MATERIALS INC WESTERN •'ERIA = kC PO BOX 430 PO BO 430 YAKIMA, WA 989070430 YA',I�' /• WA 989070430 38 labels printed for map sheet brashen I PC b R-a°7 V/i.Jo7 )°7--c • • Linc Properties 11715 SE Fifth Street Bellevue, WA. 98005 • • • • • I � DOG INDEX • 191330 -13010 191330 - 31009 19 330. -24.02 '_::) ALISSA MARGARET WEAVER BURLINGTON NORTHERN RAILROAD BU'LING IN NORT. RN- 'NTA FE 4527 ONONDAGA AVE PO BOX 961089 PO :OX 9618 :' SAN DIEGO, California 92117 FORT WORTH, Texas 76161 -0089 FOR "ORTH, Texas 76161 -0089 i 1 1330 -2'902 191 30 -31908 191330 -21037 BJRLIN 'O NORTH:" N -S' FA FE .RAI BUR•INGT•' .RTH. -S FE RAI DENNIS D. LESTER P. BO. 961189 I PO B. '61 4703 TERRACE HEIGHTS DR FO'_ ORTH, - xas 76161 -0089 FORT WORTH, Texas 76161 -0089 YAKIMA, WA 98901 -1572 • 191330 -13027 191330 -13009 1.11330- 062 DLC RECYCLING LLC GJJ LLC 'HN Me OR OM Y 404 E ARLINGTON ST 2300 RIVER RD #13 1211 = 1ST YAKIMA, WA 98901 -3519 YAKIMA, WA 98902 YA ', WA 98901 • 1J 191330 -13023 191330 -12010 1' 330 -1 82: HAHN MOTOR COMPANY JAMES L DEGRASSE L . L F' IL LI El 'ARTNER 1201 S 1ST ST I 401 E ARLINGTON ST PO :O. 1269 YAKIMA, WA 98901 I YAKIMA, WA 98901 'EVER TT, WA 98206 -1269 191330 -13029 I 191330 -24407 . 191330 -13004 L & L FAMILY LIMITED PARTNERSHIP LARRY DEAN & PIA PARDI HULL' LEIBSOHN INVESTMENTS II LLC PO BOX 1269 I 901 SUMMITVIEW, SUITE #250 102 131ST AVE NE EVERETT, WA 98206 -1269 YAKIMA, WA 98902 BELLEVUE, WA 98005 • 191330 -13007 191330 -13018 191330 -12007 MC DONALD'S CORPORATION MC DONALD'S CORPORATION MICHAEL K & MYRL C BROWN 1 MCDONALDS PLAZA PO BOX 66207 1915 S 1ST ST OAK BROOK, Illinois 60523 CHICAGO, Illinois 60666 -0207 YAKIMA, WA 98903 D 191330 -12006 1'1330 -1 :09 191330 -13017 NOEL PROPERTIES LLC NIEL P'"PE'TIES L' PUCCINELLI REVOCABLE LIVING 7 1001 S 1ST ST 1 1ST .T 4102 DONALD DR YAKIMA, WA 98901 -3403 YA Iv'', WA . :901 -3403 YAKIMA, WA 98908 I I 191330 -12008 191330 -13006 . 1•1330- 018 R F HAHN RHC ASSOCIATES R•:ER & ON LEMKE REV LI\ PO BOX 382 110 S 4TH AVE 10' 78TH AVE YAKIMA, WA 98907 I YAKIMA, WA 98902 I YAKIMA, WA 98908 -4133 191330 -13008 • 191330 -13026 19 330 21831 ROBERT & MARION LEMKE REV LIVING - STEVE & DEBRA HAHN U -3AU CO eF AND NW 107 N 78TH AVE 1730 S 1ST•ST PO :'iX 2904. YAKIMA, WA 98908 -4133 YAKIMA, WA 98901 PHOENIX, Arizona 85038 • 191330 -21034 191330 -13014 1 3015 U -HAUL CO OF INLAND NW WALTER H. HUBBARD W' TE' H HU' :AND PO BOX 29046 PO BOX 391 PO Be 3' PHOENIX, Arizona 85038 YAKIMA, WA 98907 -0391 YA " 'D '.A,98907 -0391 INDEX -D �. 1'1330 -2440: j 1'1330 -24409 19133,- ! `--"- W3STERN_ 2 DIN LL WE.TER ••LDINe LIC WES'ER" 'OLD NG L PO BOX ' 0 PO BO 43. PO Bs' 43. YA : u'_, WA 98907 -0430 YA "I', WA 98907 -0430 YAKIMA, WA 98907 -0430 • • Rebecca Barney Lorinda Anderson Bill Koss Dept of Corrections Interagency Comm. Outdoor Recreation Parks & Recreation POBox41112 PO Box 40917 POBox42650 Olympia, WA. 98504-1112 Olympia, WA. 98504 -0917 Olympia, WA. 98504 -2650 Elizabeth McNagny Bill Wiebe John Aden . Dept of Social & Health Svcs Dept. of Transportation Dept of Health / Drinking Water P O Box 45848 P O Box 47300 P O Box 47822 Olympia WA. 98504 -5848 Olympia, WA. 98504 -7360 Olympia, WA. 98504 -7822 SEPA/GMA Coordinator Jennifer Hayes Anne Sharar Dept. of Ecology Dept of Fish & Wildlife Dept of Natural Resources P O Box 47600 P O Box 43155 P O Box 47001 Olympia, WA. 98504 -7600 Olympia, WA. 98504 -3155 Olympia WA. - 98504 -7001 • Ron Shultz Review Team Puget Sound Water Quality CTED P 0 Box 40900 Growth Management Svcs Olympia, WA. 98504 -0900 P 0 Box 42525 Olympia, WA. 98504 -2525 • • • • • /. .1 DOr . INDEX e-ct )D -RG, SEPA Reviewer Mr. Greg Griffith krmy Corps Dept. of Natural Resources 0 Box c 3755 713 Bowers Rd Div. of Archeol & Hist. Pres. PO Box 48343 eattle, WA 98124 Ellensburg, WA 98926 Olympia, WA 98504 Sheila Ross Cascade Natural Gas Dept of Soc/Health Service Sr Capital Programs Ofc. Bldg #2 WA State Attorney Gen. Office 701 S. 1 Ave 1433 Lakeside Ct. Ste102 Yakima, WA 98902 MS OB-23B Yakima, WA 98902 Olympia, WA 98504 Chamber of Commerce Dept. of Health City of Union Gap m Michelle Vazquez 1ON9 St. PO Box 3008 Yakima, WA 98901 1500 W. 4 Ave. St. 305 Spokane, WA 99204 Union Gap, WA 98903 I Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer ' Q -West 6 S. 2n St., Room 1016 2809 Rudkin Road 1 8 S. 2 Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Faulconer 1200 6 Ave. MS 623 128 North 2 Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yakima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Depaitinent of Ecology Nob Hill Water Co Yakima Co Planning Environ Review Section 128 N 2 " St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer WA State Emergency Mgmt. Div. Pacific Power Yakima Co Pub. Services Mitigation, Analysis & Planning Mike Paulson 128 N 2 "d St., 4 Floor Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Johnson Meninick, Mgr p Yakima Cnty Dev. Serv. Ctr. Growth Management Services 128 N. 2n St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98948 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 98948 Yakima, WA 98901 PO Box 151 ' v� Toppenish, WA 7: ` x # 0 q Federal Aviation Administration Mr. Doug Mao Cayla Morgan, Airport Planner Environmental Coordinator g y Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant PO Box 632 1601 Lind Ave. S.W. Renton, WA 98055 -4056 Toppenish, WA 98948 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172n St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Soil Conservation Dist Donna J. Bunten Critical Areas Coordinator Eric Bartrand Attn: Ray Wondercheck Dept. of Fisheries 1606 Perry St Suite F D.O.E., Shorelands & Environ. PO Box 47600 1701 S. 24 Ave Yakima, WA 98902 Olympia, WA 98504-7600 Yakima, WA 98902 Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District WV School District Attn: Ben Soria Yakima Greenway Foundation 111 S. 18 St. Attn: Peter Ansignh 104 N. 4 Ave Yakima, WA 98901 8902 Zier Road Yakima, WA 98902 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box 48343 • Olympia, WA 98504 -8343 DOG. INDEX NOTICE OF REGIONAL PLANNING COMMISSION PUBLIC HEARING FOR AMENDMENTS TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP DATE: November 16, 2007 TO: Applicant, Adjoining Property Owners, and SEPA Reviewing Agencies FROM: Doug Maples, Manager, Building Codes and Planning Divisions SUBJECT: Notice of application requesting a change to the Future Land Use Map designation and a change in zoning for property located at 1230 S. First Street, CPA #3 -07, Rezone #5 -07, EC #14 -07 NOTICE OF PUBLIC HEARING The City of Yakima Department of Community & Economic Development has received an application from Brashen Yakima, LLC requesting a change to the City's Future Land Use Map from Industrial to Arterial Commercial, and SEPA Review. Should this amendment request be approved it would permit a concurrent rezone of the subject property from Heavy Industrial (M- 2) to Central Business District Support (CBDS). An open record public hearing was conducted by the City's Hearing Examiner on October 11, 2007. Because the 15 -day SEPA appeal period had not yet expired as of the hearing date, the hearing was continued to October 19, 2007 to accommodate potential consolidation of any SEPA appeal hearing with the open record hearing. The hearing was closed on October 19, 2007. The Hearing Examiner recommends approval of this rezone application subject to approval of the request to change the land use designation by the Yakima City Council. The public hearing before the Regional Planning Commission has been scheduled for • Wednesday, December 5, 2007 beginning at 3:00pm, in Council Chambers, City Hall, ,129 N. 2n Street, Yakima, WA. 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. 2 Street, Yakima, WA 98901. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2 " Floor City Hall, 129 N. 2 Street, Yakima, Washington. If you have any question on this proposal, please call Vaughn McBride, Associate Planner a5 (509) 576 -6315 or e -mail at vmcbride @ci.yakima.wa.us. Encl.: Narrative, Site Plan, Vicinity Map and Environmental Determination of Nonsignificance DOC. INDEX C-9 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: RZ #3, 5, 6, 7, 10, 11 Mick, Brashen, Johnson, A &N Investment, Mathis, Chichenoff Various I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner Recommendations. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 5th day of November ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. t11 l r-v.. \ A Myron Menard Planning Specialist n INDEX -- " , - - ' 61 " 1 " 1 -'N , - DEPARTMENT OF COMMUNITY & t II x 0 , . .. . III 111 11111111 1 ::: .7'.. ,., f .!‘ ECONOMIC DEVELOPMENT ,, ',N , 129 North Second Street 1 ;,,, . -,6* Yakima, WA 98901 " ". 0'4 • %ca. F n/05'2007 • . ' _t.. .., 7005 2570 GRIEEIOE44Z,y 0362 , " '4 ' s ;;;:Z-15 $.1111,7"0 Ftor7 7.56 'TT C i - US POSTAGE 0 0 DEc 0 Q17 4 017 --"\ \ .I li t6 7.0 .. • • . ofR ,;.) .. C/Ty P LANP' ' A ll I y. , y \ ....-' • '1„ri t- \ 114210;1 l". .C;i - . , • tr, 1715 SE F:, - th St - t -; tti i ,. • t• \ Be 1 levvu 4. , WA. '.005 4 104%,en - ,,,,,,.• -----...... rt" - RetUrni a /672 .. In - m . m ......., IL _ RETURN RECEIPT , e . e ion, REQUESTED • : 5 - r" -- : ,-: •; -: " 7:- : -. " . r . "* --. " li i 111 WI I III I !IIIIIIIIIIIIIIIIIIIII -1.—, ,1,39tle • -.1; ',1'3 i', , Ig Le , vafilth.,trt,›A ' 8, lototli ih• , zi 1 Tti 1.-1 4400, A .,L 's - - 00. A ‘• '',11:IL, tr ^I „. ,4 4 , ' 4CCI u4 kJ"- PAL1:14 ` , I ti,•,`„i I 4 IN 'cc- , *40 tielt■ l'i", ' —' v ‘4 'tk ..'z _ c: 4 ‘...,_, st 3 140,77.1421 'i. , . 't!O ri 4C -- 4 . Vit .S' - - -- 44 •••,. -- ZWIP,'2, 0 ,*!, '."7 PIA .471, ,.., 1 13 . .s. vi 72)+ 7 , tql. , ca '7 " ...F.M . 1" 1 ::` ''C'' --I, ."0 ' v■I fiCI4tj.‘41tt 11, 44 (O. ..,t ' or ..... Fifa, LINKPC L 0' y u: u. T. u_ ;If i2). de'. o t.4-fai 'Y''' . v. , „, --.) Ukti,...^'i ii '--- "—Z---"ilr I , 0 0 14: " • • i f„,,,, 8 frt. 0. L.0 2 N '1PD‘r ,cce E C - 0 4R2.. '.t - C.2 Z 0- 1 2 i C ite, A; 13 T E P2 a- Z; '`. 6 tcw (73 (-,- 6 ,al 29E0 22.ET 0000 02.52 500L . . NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE REGIONAL PLANNING COMMISSION November 5, 2007 On November 2, 2007 the City of Yakima Hearing Examiner rendered his recommendation on an application by Brashen Yakima, LLC (Rezone #5 -07, EZ #14 -07). The applicant is requesting to rezone property located at 1230 S. First Street from M -2, Heavy Industrial District to CBDS, Central Business District Support. The application was reviewed at a public hearing held on October 11, 2007 and continued on October 19, 2007 for the end of the SEPA Appeal period. A copy of the Hearing Examiner's findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima Regional Planning Commission in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Vaughn McBride, Associate Planner at (509) 576 -6315 at the Planning Division. / Doug Maples Code Administrator & Planning Manager Date of Mailing: November 5, 2007 Enclosures: Hearing Examiner's Recommendation DOC. INDEX # C' AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: EC #14 -97 Brashen Yakima, LLC 1230 South First Street I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Final Determination of Nonsignificance A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies and all property owners and parties of record within a radius of 500 feet of subject property; that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 4th day of October ,2007. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Myron Menard Planning Specialist DOC. INDEX 191330 24412 91.330 4413 133 016 WESTER HOLD 4GS LLC W•_. HOLDI'GS C W RN .ALS INC PO BOX 30 PO BOX 430 PO BOX 430 YAKIMA, 98907 -0430 YAKIMA, WA 98907 -0430 YAKIMA, WA 989070430 191330 -24411 1"1330 -24411 WESTERN MATERIALS INC W:STERN • +ERIA z C PO BOX 430 PO BO 430 YAKIMA, WA 989070430 YA' WA 9:9070430 F/NAL -3011S 38 labels printed for map sheet brashen Linc Properties 11715 SE Fifth Street Bellevue, WA. 98005 • • • • • I I r INDEX 191330 -13010 191330 -31009 19 330 -24:12 ALISSA MARGARET WEAVER BURLINGTON NORTHERN RAILROAD BU:LING •N NORT-' -RN- •NTA FE 4527 ONONDAGA AVE PO BOX 961089 PO :OX 9610:' SAN DIEGO, California 92117 FORT WORTH, Texas 76161 -0089 FOR , 'ORTH, Texas 76161 -0085 111330 -2.902 191 30 -3190. 191330- 2103.7 BIRLIN "0 NORTHn'N -S•• A FE RAI BUR.INGT•• 'RTH."N -S'• . FE RAI DENNIS D. LESTER P• BO. 961189 , PO Be.. `61089 4703 TERRACE HEIGHTS DR FO' ORTH, -xas 76161 -0089 FORT WORTH, Texas 76161 -0089 YAKIMA, WA 98901 -1572 191330 -13027 191330 -13009 1.11330- 0.*2 DLC RECYCLING LLC GJJ LLC • N Me OR OM'•NY 404 E ARLINGTON ST 2300 RIVER RD #13 12'1 = 1ST ' YAKIMA, WA 98901 -3519 YAKIMA, WA 98902 YA " WA 98901 i I 191330 -13023 , 191330 -12010 1` 330 -1 :2: HAHN MOTOR COMPANY JAMES L DEGRASSE L . L F' IL LI . El :ARTNEF 1201 S 1ST ST • 401 E ARLINGTON ST PO :0. 1269 YAKIMA, WA 98901 YAKIMA, WA 98901 I 'EVER TT, WA 98206 -1269 • 191330 -13029 191330 -24407 191330 -13004 L & L FAMILY LIMITED PARTNERSHIP LARRY DEAN & PIA PARDI HULL LEIBSOHN INVESTMENTS II LLC PO BOX 1269 I 901 SUMMITVIEW, SUITE #250 102 131ST AVE NE EVERETT, WA 98206 -1269 YAKIMA, WA 98902 BELLEVUE, WA 98005 I I • I 191330 -13007 191330 -13018 191330 -12007 MC DONALD'S CORPORATION MC DONALD'S CORPORATION MICHAEL K & MYRL C BROWN 1 MCDONALDS PLAZA PO BOX 66207 1915 S 1ST ST OAK BROOK, Illinois 60523 CHICAGO, Illinois 60666 -0207 YAKIMA, WA 98903 191330 -12006 '1330 -1 :09 191330 - 13017. NOEL PROPERTIES LLC NIEL P'iPE'TIES L• PUCCINELLI REVOCABLE LIVING 1001 S 1ST ST 1001 1ST .T 4102 DONALD DR YAKIMA, WA 98901 -3403 YA Iva, WA •:901 -3403 YAKIMA, WA 98908 I I I 191330 -12008 191330 -13006 1'1330- 048 R F HAHN RHC ASSOCIATES R.I:ER & ON LEMKE REV L] PO BOX 382 110 S 4TH AVE 10' 78TH AVE YAKIMA, WA 98907 i YAKIMA, WA 98902 YAKIMA, WA 98908 -4133 • • 191330 -13008 191330 -13026 . 19 330 21'31 ROBERT & MARION LEMKE REV LIVING STEVE & DEBRA HAHN U -..•U CO IF AND NW 107 N 78TH AVE 1730 S 1ST ST . PO :'iX 2904. YAKIMA, WA 98908 -4133 YAKIMA, WA 98901 PHOENIX, Arizona 85038 191330 -21034 191330 -13014 1 015 U -HAUL CO OF INLAND NW WALTER H. HUBBARD W•"TE H' HU::A :. PO BOX 29046 I PO BOX 391 PO B. 3' PHOENIX, Arizona 85038 YAKIMA, WA 98907 -0391 YA - •OL! ,98907 -0391 INDEX 1'1330 -2440: I -/ 1.1330 -24409 19 33. - • �r W:STERN DINe LL WE.TER ''LDINe LI WES'E'' 'OL. NG L PO BOX • 0 I PO BO 430 PO B,' 43. YA u•, WA 98907 -0430 YA ) ", WA '8907 -0430 YAKIMA, WA 98907 -0430 Rebecca Barney Lorinda Anderson Bill Koss Dept of Corrections Interagency Comm. Outdoor Recreation Parks & Recreation P O Box 41112 P O Box 40917 P O Box 42650 Olympia, WA. 98504-1112 Olympia, WA. 98504 -0917 Olympia, WA. 98504 -2650 Elizabeth McNagny Bill Wiebe John Aden Dept of Social & Health Svcs Dept. of Transportation Dept of Health / Drinking Water P 0 Box 45848 P 0 Box 47300 P 0 Box 47822 Olympia WA. 98504 -5848 Olympia, WA. 98504 -7360 Olympia, WA. 98504 -7822 SEPA/GMA Coordinator Jennifer Hayes Anne Sharar Dept. of Ecology Dept of Fish & Wildlife Dept of Natural Resources P O Box 47600 P O Box 43155 P O Box 47001 Olympia, WA. 98504 -7600 Olympia, WA. 98504 -3155 Olympia WA. 98504 -7001 Ron Shultz Review Team Puget Sound Water Quality CTED P O Box 40900 Growth Management Svcs Olympia, WA. 98504 -0900 P 0 Box 42525 Olympia, WA. 98504 -2525 • l • • • • • • • INDEX • # C --7 OD -RG, SEPA Reviewer Army Corps Dept. of Natural Resources Mr. Greg Griffith PO Box c-3755 713 Bowers Rd Div. of Archeol & Hist. Pres. Seattle, WA 98124 Ellensburg, WA 98926 l O Box 48343 Olympia, WA 98504 Sheila Ross Cascade Natural Gas Dept of Soc/Health Service WA State Attorney Gen. Office 701 S. 1 Ave Capital Programs Ofc. Bldg #2 1433 Lakeside Ct. Ste102 Yakima, WA 98902 MS OB -23B Yakima, WA 98902 Olympia, WA 98504 Chamber of Commerce Dept. of Health City of Union Gap 10 N 9 St. Michelle Vazquez PO Box 3008 Yakima, WA 98901 1500 W. 4 Ave. St. 305 Union Gap, WA 98903 Spokane, WA 99204 Gary W. Pruitt Dept. of Transportation Tom McAvoy Clean Air Authority Planning Engineer Q -West 6 S. 2 St., Room 1016 2809 Rudkin Road 8 S. 2 Ave. Room 304 Yakima, WA 98901 Union Gap, WA 98,903 Yakima, WA 98902 Environmental Protection Agency Yakima Co. Commissioners Mr. Lee Agri r 1200 6 Ave. MS 623 128 North 2n Street Dept. of Agriculture Seattle, WA 98101 Yakima, WA 98901 PO Box 42560 Olympia, WA 98504 FAA Yalcima Co Health Dist Gwen Clear 2200 W. Washington Art McKuen Dept of Ecology Yakima, WA 98903 1210 Ahtanum Ridge Drive 15 W. Yakima Ave. St. 200 Union Gap, WA 98903 Yakima, WA 98902 Mr. Steven Erickson Department of Ecology Yakima Co Planning Environ Review Section Nob Hill Water Co 128 N 2° St. PO Box 47703 6111 Tieton Drive Yakima, WA 98901 Olympia, WA 98504 -7703 Yakima, WA 98908 Mr. Vern Redifer WA State Emergency Mgmt. Div. Pacific Power Yakima Co Pub. Services Mitigation, Analysis & Planning Mike Paulson 128 N 2 St., 4 Floor Yakima, WA 98901 Supervisor - Building 20 500 N. Keys Rd Camp Murray, WA 98430 -5122 Yakima, WA 98901 Mr. Bill Bailey Cultural Resources Program Dept. of CTED Yakima Cnty Dev. Serv. Ctr. Johnson Meninick, Mgr Growth Management Services 128 N. 2n St. 4 Floor Yakama Indian Nation PO Box 42525 Yakima, WA 98901 PO Box 151 Olympia, WA 98504 -2525 Toppenish, WA 98948 Mr. Philip Rigdon Transportation Planner Mose Segouches Yakama Indian Nation YVCOG Yakama Indian Nation PO Box 151 E 311 N. 4 Street STE 202 Environmental Protection Prog. Toppenish, WA 9'8948 Yakima, WA 98901 PO Box 151 I On. Toppenish, WA : C —? Federal Aviation Administration Environmental Coordinator Mr. Doug Mayo Cayla Morgan, Airport Planner Doug Seattle Airports District Office Bureau of Indian Affairs Wastewater Treatment Plant 1601 Lind Ave. S.W. PO Box 632 Renton, WA 98055 -4056 Toppenish, WA 98948 WSDOT Aviation Division Lavina Washines, Chairman Mr. Marty Miller John Sambaugh Yakama Tribal Council Office of Farm worker Housing 3704 172 St. N.E. Suite K -12 PO Box 151 1400 Summitview #203 Arlington, WA 98223 Toppenish, WA 98948 Yakima, WA 98902 Donna J. Bunten Soil Conservation Dist Eric Bartrand Critical Areas Coordinator Attn: Ray Wondercheck D.O.E., Shorelands & Environ. Dept. of Fisheries 1606 Perry St Suite F PO Box 47600 1701 S. 24 Ave Yakima, WA 98902 Olympia, WA 98504 -7600 Yakima, WA 98902 • Martin Humphries Mr. Scott Nicolai Mr. Buck Taylor Yakima Valley Museum Yakama Indian Nation - Fisheries Yakima Airport 2105 Tieton Drive PO Box 151 2400 W. Washington Ave Yakima, WA 98902 Toppenish, WA 98948 Yakima, WA 98903 Yakima School District Yakima Greenway Foundation WV School District Attn: Ben Soria �, Attn: Peter Ansignh 111 S. 18 St. 104 N. 4 Ave 8902 Zier Road Yakima, WA 98901 Yakima, WA 98902 Yakima, WA 98908 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504 -8343 DOG. INDEX • LEGAL NOTICE WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 4, 2007 PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting a General or Arterial Commercial designation. PROPONENT: Brashen Yakima, LLC LOCATION: 1230 S. First Street, Yakima, WA - LEAD AGENCY: City of Yakima FILE NUMBER: UAZO EC #14 -07 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), provided the measures listed below are taken to mitigate potential adverse impacts. 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 -340 (2). 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: William R. Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 4, 2007 © You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 "d Street, Yakima, WA 98901 no later than: October 18, 2007 By (method) Complete appeal application form and payment of $505 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. ❑ There is no agency appeal. Final DNS — Brashen Yakima LLC DOC. CPA #3 -07, RZ #5 -07, EC #14 -07 INDEX Press Release WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 4, 2007 PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting a General or Arterial Commercial designation. PROPONENT: Brashen Yakima, LLC LOCATION: 1230 S. First Street, Yakima, WA LEAD AGENCY: City of Yakima FILE NUMBER: UAZO EC #14 -07 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), provided the measures listed below are taken to mitigate potential adverse impacts. 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 -340 (2). 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: William R. Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 4, 2007 © You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2 Street, Yakima, WA 98901 no later than: October 18, 2007 By (method) Complete appeal application form and payment of $505 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. ❑ There is no agency appeal. Final DNS — Brashen Yakima LLC DOC. CPA #3 -07, RZ #5 -07, EC #14 -07 INDEX # C-7 ___ NOTICE OF DECISION Compliance with the Washington State Environmental Policy Act (SEPA) October 4, 2007 On September 7, 2007 the City of Yakima, Washington issued a Revised Notice of Application and Environmental Review and Preliminary SEPA Determination of Nonsignificance regarding an Environmental Checklist application submitted by Brashen Yakima, LLC. This review concerns the environmental analysis for a request to change the Future Land Use Map, and Rezone the property at 1230 S. First Street, Yakima, Washington. Parcel number: #191330 -13004 City File Number: Brashen Yakima, LLC UAZO EC #14-07 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 15 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 $505.00 must accompany the Appeal Application. For further information or assistance, you may wish to contact Vaughn McBride, Associate Planner at (509) 576 -6315 at the City Planning Division. Doug Maples Planning & Code A ministration Manager Notice of Decision Mailing Date: October 4, 2007 Enclosures: SEPA Determination of Nonsignificance —Site Vicinity Map and Mailing Map DOC. s . INDEX WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 4, 2007 PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting a General or Arterial Commercial designation. PROPONENT: Brashen Yakima, LLC LOCATION: 1230 S. First Street, Yakima, WA LEAD AGENCY: City of Yakima FILE NUMBER: UAZO EC #14-07 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(2Xc), provided the measures listed below are taken to mitigate potential adverse impacts. 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 -340 (2). 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: William R. Cook POSITION / TITLE: Director Community & Economic Development TELEPHONE: 509 / 575 -6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 4, 200 SIGNATURE: 111111 w DOC. Final DNS — Bcashen Yakima LLC INDEX CPA #3 -07, RZ #5 -07, EC #14-07 #