HomeMy WebLinkAbout2010-044 2010 Comprehensive Plan Map and Zoning Amendment 111111 111111 liii 111111 II
*7709595 96*
FILE# 7709595
YAKIMA COUNTY, WA
11/04/2010 02 18 01PM
ORDINANCE
PAGES 96
CITY OF YAKIMA PLANNING
Recording Fee 157 00
November 4, 2010
Return To
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title Ordinance No. 2010 -44
2010 Amendments to the Yakima Urban Area
Comprehensive Plan map and zoning
Grantor City of Yakima
Grantee The Public
ABBREVIATED DESCRIPTION
Ordinance approving seven 2010 Comprehensive Plan and zoning amendment
applications
PARCEL NUMBERS 191330 - 24020; 181320 -43458 (See pages 92 through 96
for balance of parcel numbers)
L 13 F 15 , Bl� k g f 8roa6ktj y P� <k , Ada( +i A
(o Z (See.- zctc1 -c cy [ .ecja 1 c isc<i p honS
®n ppsq - 4, .
ORDINANCE NO 2010 -44
AN ORDINANCE concerning land use regulation and comprehensive planning and
amending the Future Land Use Map of the City of Yakima and
zoning as follows changing the classification of the property
located at 53 West Nob Hill Boulevard, Assessor's tax parcel
number 191330 - 24020, from Industrial to Neighborhood
Commercial and zoning to SCC, Small Convenience Center;
changing the classification of property located at 215 South 72
Avenue, Assessor's tax parcel number 181320 - 43458, from Low
Density Residential to Professional Office and zoning to B -1,
Professional Business, changing the classification of property
located at 2807 West Washington Avenue, Assessor's tax parcel
number 181335 - 23403, from Industrial to General Commercial
and zoning to GC, General Commercial, changing the
classification of property located south of W Nob Hill Boulevard on
S 1 Avenue, Assessor's tax parcel number 191330 - 32480, from
Medium Density Residential to Neighborhood Commercial and
zoning to SCC, Small Convenience Center; changing the
classification of property located at 811 W Mead, Assessor's tax
parcel number 181325 - 43428, from Medium Density Residential
to Neighborhood Commercial and zoning to B -2, Local Business,
changing the classification of property located at 2407 Longfibre
Avenue and vicinity, Assessor's tax parcel numbers 191331-
43004, 43005 and 43006, from Industrial to the General
Commercial and zoning to GC, General Commercial, and
changing the classification of property located at the northeast
corner of South 40 Avenue, Assessor's tax parcel numbers
181327 - 43003, 43004, 43005, 43006, 43007 and 43453, and
181334- 12006, 12011, 12014, 12015, 12016, 12019, 12020,
12022, 12024, 12025, 12026, 12027, 12028, 12029, 12030,
12031 and 12421, from Industrial to General Commercial and
zoning to GC, General Commercial
WHEREAS, the Washington State Growth Management Act (GMA) requires
counties and cities to prepare long -range comprehensive plans pursuant to Ch 36 70A
RCW and related laws and regulations, and
WHEREAS, RCW 36 70A.130 provides for continuing review and evaluation of
comprehensive plans and development regulations at least every five years and for the
revision or amendments to such plans not more than once a year but at least once every
five years, with certain exceptions, and
WHEREAS, RCW 36 70A.470 requires that counties and cities planning under
RCW 36 70A.040 include in their development regulations a procedure for any
interested person, including applicants, citizens, hearing examiners, and staff of other
agencies, to suggest comprehensive plan or development regulation amendments, and
WHEREAS, RCW Ch 36 70A further requires that the suggested amendments
be docketed and considered not more often than once a year, consistent with the
provisions of RCW 36 70A.130; and
WHEREAS, on March 18, 2003, the City Council enacted Ch 16 10 YMC to
provide procedures and criteria for amending and updating the Yakima Urban Area
Comprehensive Plan, and
WHEREAS, Shields Bag and Printing Co has submitted an application
requesting that the classification of the property legally described in Attachment "C" and
located at 1010 Rock Avenue (parcel no 191330 - 24020) be changed from Industrial to
Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan (hereinafter "CPA #1 -10 "), and zoning changed to Small
Convenience Center; and
WHEREAS, Emmett Nulph, has submitted an application requesting that the
classification of the properties legally described in Attachment "D" and located at 215 S
72n Avenue (parcel no 181320 - 43458) be changed from Low Density Residential to
Professional Office on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan (hereinafter "CPA #2 -10 "), and zoning changed to Professional
Business, and
WHEREAS, Lance Blair — Blue Ribbon, has submitted an application requesting
that the classification of the property legally described in Attachment "E" and located at
2807 W Washington Avenue (parcel no 181335 - 23403) be changed from Industrial to
General Commercial on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan (hereinafter "CPA #3 -10 "), and zoning changed to General
Commercial, and
WHEREAS, Darl L. Taylor, has submitted an application requesting that the
classification of the property legally described in Attachment "F" and located at no known
address S 1 Avenue (parcel no 191330- 32480) be changed from Medium Density
Residential to Neighborhood Commercial on the Future Land Use Map of the Yakima
Urban Area Comprehensive Plan (hereinafter "CPA #4 -10 "), and zoning changed to
Small Convenience Center; and
WHEREAS, Adli Eid, has submitted an application requesting that the
classification of the property legally described in Attachment "G" and located at 811 W
Mead Avenue (parcel no 191325 - 43428) be changed from Medium Density Residential
to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area
Comprehensive Plan (hereinafter "CPA #6 -10 "), and zoning changed to Local Business,
and
WHEREAS, Printing Press, LLC and William B Douglas, have submitted an
application requesting that the classification of the property legally described in
Attachment "H" and located at 2407 Longfibre Avenue (parcel nos 191331 - 44004,
43005, 43006) be changed from Industrial to General Commercial on the Future Land
Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #7 -10 "), and
zoning changed to General Commercial, and
WHEREAS, Wide Hollow Development, TM Rentals, UCIP LLC, and Rainer
Management Inc., have submitted an application requesting that the classification of the
property legally described in Attachment "I" and located at Creekside East (parcel nos
181327- 43003, 43004, 43005, 43006, 43007, 43453, 181334- 12006, 12011, 12014,
12015, 12016, 12019, 12020, 12022, 12024, 12025, 12026, 12027, 12028, 12029,
12030, 12031, 12421) be changed from Industrial to General Commercial on the Future
Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #8-
10"), and zoning changed to General Commercial, and
WHEREAS, pursuant to YMC 16 10 030, the SEPA Administrative Official issued
a determination of Nonsignificance in accordance with WAC 197 -11 -340 (2), as required
under the State Environmental Policy Act; and
WHEREAS, in accordance with YMC Chapter 1610, the Yakima Planning
Commission held appropriate meetings and hearings to review and consider the
requested comprehensive plan amendments, and
WHEREAS, pursuant to YMC 16 10 080 and the approval criteria set forth in
YMC 16 10 040, the Yakima Planning Commission made a recommendation to a
meeting of the City Council that the requested comprehensive plan amendments
described above be approved, and
WHEREAS, in accordance with YMC Chapter 15 23, the Hearing Examiner held
appropriate hearings to review and consider the requested zoning amendments, and
WHEREAS, the City Council finds that the findings of the Hearing Examiner set
forth in the recommendations in response to the requirements of Yakima Municipal Code
("YMC") § 15 23 030(E)(F) are correct and appropriate, and that the same should be
adopted by the City Council as its findings herein, and
WHEREAS, pursuant to YMC 16 10 090, on November 2, 2010, a public hearing
regarding the requested comprehensive plan amendments described above was held
before a meeting of the City Council, and
WHEREAS, it is in the best interests of the City to enact the following to approve
the requested comprehensive plan and zoning amendments described above, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Subject to the specific terms of this ordinance, the Yakima City
Council adopts the September 22, 2010 findings, conclusions and recommendations of
the Yakima Planning Commission for CPA #1 -10, CPA #2 -10, CPA #3 -10, CPA #4 -10,
CPA #6 -10, CPA #7 -10, and CPA #8 -10 A copy of said recommendations is attached
as Exhibit "A" and is incorporated herein by this reference
Section 2. Subject to the specific terms of this ordinance, the Yakima City
Council adopts the August 26, 2010 and September 9, 2010 findings, conclusions and
recommendations of the Hearing Examiner for CPA #1 -10, CPA #2 -10, CPA #3 -10, CPA
#4 -10, CPA #6 -10, CPA #7 -10, and CPA #8 -10 A copy of said recommendations is
attached as Exhibit "B" and is incorporated herein by this reference
Section 3. The official Future Land Use Map of the Yakima Urban Area
Comprehensive Plan shall be amended or modified to reclassify the subject real
properties set forth herein consistent with the above sections of this ordinance
Section 4. The official Yakima Urban Area Zoning Ordinance shall be amended
or modified to reclassify the subject real properties set forth herein consistent with the
above sections of this ordinance
Section 5. The City Clerk is hereby authorized and directed to file a certified
copy of this ordinance with the Yakima County Auditor
Section 6. Severability If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance is declared invalid or unconstitutional for any reason,
such decision shall not affect the validity of the remaining portions of this ordinance
Section 7 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 2 day of November, 2010
i /ti t 4
Micah Caw ey, M yor
ATT T
11. . •
City Clerk
Publication Date November 6, 2010
Effective Date December 6, 2010
EXHIBIT "A"
YAKIMA PLANNING COMMISSION
RECOMMENDATION FOR 2010
COMPREHENSIVE PLAN AMENDMENTS
September 22, 2010
WHEREAS
The City of Yakima 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 2010 amendment review process, the Department of Community & Economic
Development received eight applications for amendments to the Comprehensive Plan's
Future Land Use Map One application was subsequently withdrawn leaving a total of
seven for final consideration.
The Yakima Planning Commission is responsible for the review of these applications
and for recommending the approval, modification or denial of each request.
The Yakima Planning Commission held a study session to review the seven requests on
August 25, 2010 and a public hearing was conducted on September 22, 2010
The Yakima Planning Commission concluded its consideration of these seven
applications on September 22, 2010
Now therefore, the Yakima City Planning Commission presents the following
findings and recommendations to the Yakima City Council:
CPA # 1 -10
APPLICANT: Shields Bag & Printing Company
LOCATION: 1010 Rock Avenue
PARCEL NO: 191330 -24020
1
The applicant requests a change in the Future Land Use Map from Industrial to
Neighborhood Commercial.
FINDINGS
The subject property is located on the north side of Nob Hill Boulevard between Rock
and Landon Avenues and includes the former 9,894 square foot Penny Press office
building. The property's location along a major arterial roadway (Nob Hill Blvd) has
excellent accessibility and adequate parking for office uses.
This proposal will bring the zoning designation into conformance with adjacent
properties west and south of the subject property
All required public utilities (sewer, water, irrigation, street lighting and fire hydrants)
are presently available to the property
Public facilities provided include Yakima School District, K -12 public schools, City of
Yakima police, fire protection and public transit.
The building's location reflects the transition from industrial land uses to commercial
land uses typically found along principal arterial commercial corridors. A change in
Future Land Use Map designation would indicate a clear separation between industrial
and commercial land uses that currently exist.
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 significant issues related to the request; consequently, this
request will not significantly contribute to the cumulative impacts of other
Comprehensive Plan amendments.
This proposal meets the County -wide Planning Policies and intent of the Growth
Management Act because it will provide more compatibility and consistency of the
subject parcels with adjacent properties.
CONCLUSIONS
1 The amendment is minor in nature.
2. No adverse impacts have been identified by this amendment request.
3 No public comments were received in opposition to the proposed action.
2
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the
amendment request from Industrial to Neighborhood Commercial. The motion carried
by a 6/0 vote.
1/23 Jio
/ 6111-5 Ben Shoval, C man Date
Yakima Planning Commission
CPA # 2 -10
APPLICANT. Emmett Nulph
LOCATION: 215 South 72 Avenue
PARCEL NO: 181320 -43458
The applicant requests a change in the Future Land Use Map from Low Density
Residential to Professional Office.
FINDINGS
The subject property is situated on the east side of South 72nd Avenue across the street
from the Orchards Shopping Center It adjoins property to the south which has recently
received Type (3) Review approval for the location of the Yakima Rural County Library
facility which in turn adjoins professional, medical and other small businesses further
southward Land uses north and east of the subject property are currently designated
for low to medium density residential land uses. The proposed rezone follows an
already established progression of professional and small commercial growth north of
Tieton along both sides of South 72nd Avenue.
All required public utilities (sewer, water, irrigation, street lighting and fire hydrants)
are presently available to the property
Public facilities provided include Yakima School District, K -12 public schools, City of
Yakima police, fire protection and public transit.
The requested change in land use designation from residential to commercial is
consistent with the Yakima Urban Area Comprehensive Plan and amendments because
the proposal meets many of the goals, objectives and policies of the Plan which are
listed m the General Development Public Services, Commercial Development, Land
3
Use, Transportation, Utilities and Capital Facilities Elements of the Comprehensive
Plan.
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 significant issues related to the request.
This proposal meets the County -wide Planning Policies and intent of the Growth
Management Act because it directs urban growth to an existing urban area and
encourages development in an area where all urban level services and facilities are
provided.
YAKIMA PLANNING COMMISSION CONCLUSIONS
1 The amendment is minor in nature.
2. No adverse impacts have been identified by this amendment request.
3 No public comments were received in opposition to the proposed action.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the
amendment request from Low Density Residential to Professional Office. The motion
carried b a 6/0 vote.
Gs q /Z ko
en hoval,'Chair Date
Yakima Plann • : • mmission
CPA # 3 -10
APPLICANT. Lance Blair - Blue Ribbon
LOCATION. 2807 W. Washington Avenue
PARCEL NO 181335 -23403
The applicant requests a change in the Future Land Use Map from Industrial to General
Commercial.
FINDINGS
The Blue Ribbon Video Productions facility, constructed in 1999 is a 100' by 125' steel
structure located at 2807 W Washington Avenue. Blue Ribbon Video consolidated into
4
a 2,500 sq ft. area leaving 10,200 sq ft. of the building vacant. The owner began to rent
out existing office space to other entities.
In 2005 the property underwent a successful Class (2) Review to expand the list of
permitted uses of the building The facility was remodeled and reconfigured to provide
additional office space, now accommodating fifteen (15) office spaces, with plans to
expand to up to a total of thirty (30) offices to more fully utilize the available square
footage
All required public utilities (sewer, water, irrigation, street lighting and fire hydrants)
are presently available to the property
Public facilities provided include Yakima School District, K -12 public schools, City of
Yakima police, fire protection and public transit.
The proposal better implements applicable Comprehensive Plan goals than the current
Comprehensive Plan Future Land Use map in that it would recognize the existing and
historical use of the property and make the subject property consistent with actual use.
Recent commercial developments west of the site, such as Creekside East and Creekside
West, are also reflective of the transition of nearby properties from industrial to
commercial land uses.
This is an isolated 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 significant issues related to the request.
This proposal meets the County -wide Planning Policies and intent of the Growth
Management Act because it will provide for more compatibility and consistency with
adjacent properties.
YAKIMA PLANNING COMMISSION CONCLUSIONS
1 The amendment is minor in nature.
2. No adverse impacts have been identified by this amendment request.
3 No public comments were received in opposition to the proposed action.
4 The property is currently served by all necessary public utilities capable of
supporting industrial land uses.
5 A commercial designation will better reflect the historical and current use of the
subject property
6 Approval of this request will not affect the cumulative impacts of other
Comprehensive Plan applications.
5
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the
amendment request from Industrial to General Commercial. The motion carried by a -
6/
G�
9
en Shov al, Chairm Date
Yakima Plannin : ' • fission
CPA # 4 -10
APPLICANT: Darl L. Taylor
LOCATION: Vicinity of South Pt Avenue and Nob Hill
Boulevard
PARCEL NO: 191330 -32480
The applicant requests a change in the Future Land Use Map from Medium Density
Residential to Neighborhood Commercial.
FINDINGS
The subject property is a vacant lot situated south of W Nob Hill Boulevard on South
1st Avenue.
There are no apparent adverse environmental impacts associated with this request.
The subject property is immediately contiguous with commercially zoned properties
that front on Nob Hill Boulevard. The close proximity of this commercial usage renders
this small vacant parcel of land unlikely for new residential development.
The requested change in land use designation from residential to commercial is
consistent with the Yakima Urban Area Comprehensive Plan. This proposal better
implements the applicable comprehensive plan policies than the current comprehensive
plan because it will permit the opportunity for business expansion within an existing
commercial corridor
The subject property is located in an area where all urban services and facilities are
present. No extension of utilities is required and adequate public facilities exist to
accommodate future expansion.
6
Approval of this request will not affect the cumulative impacts of other Comprehensive
Plan applications.
YAKIMA PLANNING COMMISSION CONCLUSIONS
1 The amendment is minor in nature.
2. No public comments were received m opposition to the proposed action.
3 No adverse impacts have been identified by this amendment request provided
that access to this site is not permitted from S 1St Avenue.
4. The requested rezone would appropriately support adjacent small -scale
commercial land uses
5 The property is currently served by all necessary public utilities capable of
supporting small -scale commercial land uses.
6 Approval of this request will not affect the cumulative impacts of other
Comprehensive Plan applications.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the
amendment request from Medium Density Residential to Neighborhood Commercial.
The :: , n carried by a 6/0 vote. , -7
eP
/ en Shoval, Chairm. • Date
Yakima Plannin; - • • ission
CPA # 5 -10 - APPLICATION WITHDRAWN
CPA # 6 -10
APPLICANT• Adli Eid
LOCATION• 811 W. Mead Ave. Yakima, WA
PARCEL NOS: 191325 -43428
The applicant requests a change in the Future Land Use Map from Medium Density
Residential to Neighborhood Commercial.
FINDINGS
7
The subject property and convenience store /market is located immediately north of the
intersection of S. 9th and West Mead Avenues. The area is predominantly residentially
zoned and is occupied by existing residential homes.
The City of Yakima's records indicate that the convenience store /market has existed at
this location since approximately 1939 thereby predating the adoption of the City's 1986
Zoning Ordinance and associated Zoning Map
This requested amendment will correct a mapping error that has existed since 1986, and
will bring the Comprehensive Plan Future Land Use Map designation into agreement
with the existing commercial business from Medium Density Residential to
Neighborhood Commercial.
The subject store /market is currently served by all necessary public utilities which
include: Yakima School District, K -12 public schools, City of Yakima police, fire
protection, and public transit.
Circumstances have changed since the original Comprehensive Plan Map was adopted
m 1996 and since it was last updated in 2009 West Mead Avenue has been improved to
a fully improved Urban Arterial Roadway
The property owner has taken steps to improve the property's condition by purchasing
the lot west of the original store, and converting it to an off - street parking lot to
improve traffic safety in the area.
The requested change m land use designation from Medium Density Residential to
Neighborhood Commercial is consistent with the Yakima Urban Area Comprehensive
Plan.
This proposal is consistent with RCW 36 70A.100 This application is part of the annual
comprehensive plan update for the Yakima Urban Area Comprehensive Plan.
This proposal is consistent with the Growth Management Act and the Yakima County-
wide Planning Policy
The total size of the subject property is approximately 13,940 square feet (.32 acre)
meaning that the cumulative impact(s) of this proposal should be minimal.
YAKIMA PLANNING COMMISSION CONCLUSIONS
1 The amendment is minor in nature.
2. No public comments were received in opposition to the proposed action.
8
3 No adverse impacts have been identified by the approval of this amendment
request.
4. The requested comprehensive plan map amendment would more appropriately
support the existing commercial land use
5 The property and business are currently served by all necessary public utilities.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the
amendment request from Medium Density Residential to Neighborhood Commercial.
The mo . arried by a 6/0 vote.
-
,- c Y 72 3 1 i°
`
pen Shoval, Chairman Date
7 Yakima Planning Com , issi •
CPA # 7 -10
APPLICANT: Printing Press LLC and William B. Douglas
LOCATION: 2407 Longfibre Avenue
PARCEL NOS: 191331 - 44004, 43005, 43006
The applicants request a change m the Future Land Use Map from Industrial to Arterial
Commercial.
FINDINGS
The subject property is situated northeast of the intersection of Valley Mall Boulevard
and Longfibre Avenue and adjacent to an area that is experiencing significant new
commercial growth.
The subject property is capable of being served by all necessary public utilities.
The requested change in land use designation from industrial to commercial is
consistent with the Yakima Urban Area Comprehensive Plan.
This proposal is consistent with RCW 36.70A.100 This application is part of the annual
comprehensive plan update for the Yakima Urban Area Comprehensive Plan. In this
area the City of Yakima coordinates this update with the City of Union Gap for
consistency between the jurisdictions.
9
This proposal is consistent with the Growth Management Act and the Yakima County-
wide Planning Policy because the proposal directs urban growth to an existing urban
area and encourages infill in an area where all urban level services and facilities are
currently provided. The subject property is served by a recently improved and
expanded arterial street system.
The subject property consists of three separate parcels located in the immediate vicinity
of recently developed commercial activity (Costco, Toyota of Yakima) Two of the
parcels are vacant and comprise approximately 11 acres. The third parcel is
approximately 18.5 acres in size and is developed on the east end, where Printing Press
LLC is located Only the west 10 acres (approximately) of this property is proposed to
be changed through this application. A short plat delineating the new parcels
boundaries has been approved but not yet recorded
Approval of this request will not affect the cumulative impacts of other Comprehensive
Plan applications
YAKIMA PLANNING COMMISSION CONCLUSIONS
1 The amendment is minor in nature.
2. No public comments were received in opposition to the proposed action.
3 No adverse impacts have been identified by the approval of this amendment
request.
4. The requested rezone would more appropriately support adjacent commercial
land uses.
5 The property can be served by all necessary public utilities capable of supporting
commercial land uses.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the
amendment request from Industrial to Arterial Commercial. The motion carried by a -
6/0 v. -
( 4723// 0
Ben Shoval, Chair.'. Date
G Yakima Plann mmission
CPA # 8 -10
APPLICANT: Wide Hollow Development, TM Rentals, UCIP
10
LLC, and Rainer Management Inc.
LOCATION. NE Corner of South 40th & West Washington
Avenues
PARCEL NOS: 181327- 43003, 43004, 43005, 43006, 43007, 43453,
181334 - 12006, 12011, 12014, 12015, 12016, 12019,
12020, 12022, 12024, 12025, 12026, 12027, 12028, 12029,
12030, 12031, 12421.
The applicants request a change in the Future Land Use Map from Industrial to General
Commercial.
FINDINGS
The subject property is approximately 59 5 acres in area and consists of 23 separate
parcels, including parcels for a private street /right -of -way It is located in the general
vicinity of the northeast corner of South 40th and West Washington Avenues. The area,
although zoned for industrial uses, is almost exclusively occupied by professional
offices. Only five vacant parcels remain undeveloped in the existing complex. Two of
the parcels are currently used for manufacturing, however, it is the intent of the
property owner to have those uses cease at some point and turn those properties into
additional office space
The subject properties have all necessary public utilities and services available
including police, fire protection, and public transit.
Due to continued development in the area circumstances have changed since the
original Comprehensive Plan was adopted and last updated
The requested change in land use designation from Industrial to General Commercial is
consistent with the Yakima Urban Area Comprehensive Plan.
This proposal addresses a deficiency in the Comprehensive Plan in that the subject
properties were developed as a business park rather than an industrial park.
This proposal is consistent with RCW 36 70A.100 This application is part of the annual
comprehensive plan update for the Yakima Urban Area Comprehensive Plan.
This proposal is consistent with the Growth Management Act and the Yakima County-
wide Planning Policy
Approval of this request will not affect the cumulative impacts of other Comprehensive
Plan applications.
YAKIMA PLANNING COMMISSION CONCLUSIONS
1 The amendment is minor m nature.
2. No public comments were received in opposition to the proposed action.
3 No adverse impacts have been identified by the approval of this amendment
request.
4. The requested comprehensive plan map amendment and rezone would more
appropriately support the existing commercial land use.
5 The property is served by all necessary public utilities.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and
seconded that the Yakima Planning Commission recommend APPROVAL of the
amendment request from Industrial to General Commercial. The motion carried by a -
6/ 0 vote. !�
`� /z 3/
en Shoval, Chairman Date
Yakima Plannin ommission
12
EXHIBIT "B"
City of Yakima, Washington
Hearing Examiner's Recommendation
September 9, 2010
In the Matter of a Rezone Application )
Submitted by: )
) RZ #002 -10
Shields Bag & Printing Company )
) SEPA #007 -10
To Rezone a Parcel at 53 West Nob Hill )
Boulevard from the Heavy Industrial )
(M -2) to the Small Convenience Center )
(SCC) Zoning District )
A. Introduction. The introductory findings relative to the open record public hearing
process for this application are as follows
(1) The Hearing Examiner conducted an open record public hearing for this
application on August 26, 2010
(2) The staff report which was presented by Associate Planner Vaughn McBride
recommended approval of this request to rezone a parcel from the Heavy Industnal (M -2)
to the Small Convenience Center (SCC) zoning district. The requested zone change can
only be approved if the related application for a Comprehensive Plan designation
amendment of the parcel from the Industnal to the Neighborhood Commercial
designation is approved.
(3) The City's Planning Commission will make a recommendation to the City
Council relative to approval of the requested Comprehensive Plan amendment. The
Hearing Examiner makes this recommendation to the City Council relative to approval of
the requested rezone Mr McBride recommends approval of both.
Shields Bag & Printing Company 1
Rezone from M -2 to SCC
53 West Nob Hill Boulevard
RZ #002 -10; SEPA #007 -10
r
(4) The applicant's representative, Pat Shields, testified in favor of the requested
rezone.
(5) No one submitted written comments or testified in opposition to the rezone
(6) This recommendation has been issued within ten business days of the hearing.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this rezone from the Heavy Industrial (M -2) to the Small
Convenience Center (SCC) zoning district if the Comprehensive Plan designation is
changed from the Industrial to the Neighborhood Commercial designation.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on July 16, 2010, the information contained in the staff report, exhibits, testimony
and other evidence presented at an open record public hearing on August 26, 2010, and a
review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance; the Examiner makes the following -
FINDINGS
I. Property Owner /Applicant. This application was submitted on behalf of property
owner /applicant Shields Bag & Printing Company, 1009 Rock Avenue, Yakima,
Washington, by Roy Sample, 415 North 1 Street, Yakima, Washington.
H. Location. The location of the requested rezone is on the north side of West Nob Hill
Shields Bag & Printing Company 2
Rezone from M -2 to SCC
53 West Nob Hill Boulevard
RZ #002 -10; SEPA #007 -10
Boulevard at 53 West Nob Hill Boulevard, Assessor's tax parcel number 191330 -24020
III. Application. The main aspects of this application may be summarized as follows
(1) The parcel is 0.99 of an acre in size. A 9,894- square -foot office building on
the parcel has previously been used by the Penny Press business for part of its
manufacturing and printing operation. The Penny Press building and adjacent parking
area are no longer used for that purpose.
(2) The subject parcel was separated from the Shields Bag and Printing
manufacturing facility by means of lot line adjustment SSE #06 -10 dated April 6, 2010
The building and parking area have never been part of the Shields Bag & Printing
Company's manufacturing operation.
(3) The subject parcel is located on the north side of West Nob Hill Boulevard
between Rock and Landon Avenues. There are retail /commercial land uses to the west
across Landon Avenue and to the south across Nob Hill Boulevard.
(4) The intent of this application is to change the underlying Comprehensive
Plan's land use designation from Industrial to Neighborhood Commercial and the zoning
from Heavy Industrial (M -2) to Small Convenience Center (SCC) The SCC zoning
would reflect the historical land use of the parcel and make the zoning consistent with
zoning to the west and south of the parcel
(5) All public utilities required for SCC uses are available to the parcel such as
sewer, water, irrigation, street lighting and fire hydrants. Public facilities available to the
parcel include City police protection, fire protection and transit service, as well as
Yakima School District K -12 public schools.
IV. Notices. Notices of the open record public hearing of August 26, 2010, were
provided by the following methods
Posting of hearing notice on the property June 3, 2010
Mailing of hearing notice to owners within 500 feet: July 26, 2010
Publishing of hearing notice in the Yakima Herald - Republic July 26, 2010
Shields Bag & Printing Company 3
Rezone from M -2 to SCC
53 West Nob Hill Boulevard
RZ #002 -10; SEPA #007 -10
(2) The suitability of the parcel for uses permitted under the proposed zoning:
The fact that the subject property is suitable for uses permitted within the Small
Convenience Center zoning district is shown by the following factors
(a) The subject parcel is flat and is served with all necessary public utilities
(b) The building and adjacent parking area have been suitable for commercial
uses in the past when utilized for the Penny Press distribution operation. Those
commercial uses have been compatible with commercial uses to the west and south along
the Nob Hill Boulevard commercial comdor They have been separated from existing
industrial uses to the east by Rock Avenue and to the north by parking areas.
(c) The subject parcel would be of sufficient size to accommodate many of the
uses listed in the table of permitted land uses for the Small Convenience Center zoning
district. The Class (1) uses which are permitted outright and could potentially be utilized
on the subject parcel without Type (2) or Type (3) review in the SCC zoning district
include agricultural markets, wineries and breweries retail, exercise facilities, daycare
centers, libraries, museums, art galleries, stockpiling of earthen materials, mixed use
buildings, addressing, mailing, and stenographic services, artist's supplies, automotive
parking lots and garages, maintenance and repair shops, bakeries, beauty and barber
shops, books, stationary, office supplies, butcher shops, camera stores, candy stores,
clothing and accessories, coin and stamp shops, commercial services, computer and
electronic stores, convenience stores closed at 10 p.m. to 6 a.m., delicatessens, pet
daycare /animal training; drug stores (optical goods, orthopedic supplies), espresso /coffee
stands, fabric stores, financial institutions, florists, food stores, specialty; furniture, home
furnishings, appliances, gift shops, jewelry, watches, silverware sales and repair;
laundries, laundromats and dry cleaning plants, massage therapy /spas, motorcycles
sales /repair (including maintenance), nurseries, offices professional (architects,
attorneys, engineers, surveyors), medical and dental laboratories, offices and clinics,
service agencies (advertising, employment, insurance, real estate, etc), pawn brokers, pet
stores (pet supplies and dog grooming), printing, photocopy services, radio /TV studios,
repairs. small appliances, TVs, business machines, watches, etc., repairs locksmiths and
gunsmiths, restaurants, cafes and drive -in eating facilities, seamstresses, tailors, service
stations closed between 10 p.m. and 6 00 a.m., shoe repair and shoe shine shops,
sporting goods, bicycle shops, technical equipment sales, toy and hobby stores, and video
sales /rental
Shields Bag & Printing Company 5
Rezone from M -2 to SCC
53 West Nob Hill Boulevard
RZ #002 -10; SEPA #007 -10
(d) The size, location and historical use of the existing building and parking
area on the subject parcel make it suitable for SCC zoning. SCC uses will be compatible
with existing commercial uses along West Nob Hill Boulevard. Industrial uses to the east
and north of the subject parcel will not interfere with commercial uses on the subject
parcel.
(3) Recommendations from interested agencies and departments: No agencies
or departments submitted comments in opposition to this rezone application.
(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: The fact that the
proposed rezone complies with the goals and policies of the Comprehensive Plan and the
intent of the zoning ordinance is shown by the following factors
(a) The Comprehensive Plan. If the Comprehensive Plan designation of the
parcel is changed from Industrial to Neighborhood Commercial, this rezone request
would be in compliance with the Yakima Urban Area Comprehensive Plan because it
would provide a convenient location for commercial uses consistent with the
development pattern of the community (Goal 3 12 and supporting Policies 3 12 1 through
3 12 8) This request would bring additional land into the Small Convenience Center
(SCC) zoning distnct which lies to the south and west of the subject parcel along West
Nob Hill Boulevard.
(b) The Zoning Ordinance: Subsection 15 03 020(H) of the City's Urban Area
Zoning Ordinance states that the purpose of the Small Convenience Center (SCC) zoning
district is in part to provide areas for commercial activities outside the downtown
commercial district that meet community retail shopping and service needs and
accommodate small commercial centers Small Convenience Centers serve the day -to-
day convenience shopping and service needs of the surrounding neighborhood and should
be designed to minimize undesirable impacts of the center on the neighborhood it serves
and to deal directly with the consumer There is already commercial zoning and
development near the subject parcel along Nob Hill Boulevard. Any new development
on the subject parcel will have to comply with the development standards in the SCC
Shields Bag & Printing Company 6
Rezone from M -2 to SCC
53 West Nob Hill Boulevard
RZ #002 -10; SEPA #007 -10
� 1
zoning district. Those include structure setback standards in Table 5 -1 of Chapter 15 05,
off - street parking standards in Table 6 -1 of Chapter 15 06, sitescreening standards in
Chapter 15 07, signage standards in Chapter 15 08 and other applicable development
standards in the Urban Area Zoning Ordinance and other ordinances
(5) The adequacy of public facilities such as roads, sewer, water and other
required public services: The public facilities are adequate for SCC uses on the subject
parcel for the following reasons
(a) The parcel has direct frontage and access to West Nob Hill Boulevard.
(b) There is an existing 12 -inch waterline in the vacated portion of Rock
Avenue, an existing looped 6 -inch waterline in Landon Avenue, and an existing looped
12 -inch waterline in West Nob Hill Boulevard.
(c) There are two existing fire hydrants off the 12 -inch waterline in Rock
Avenue and two existing fire hydrants off the 6 -inch waterline in Landon Avenue All
new fire hydrant or sprinkler service requirements will be determined by Codes and Fire
Department. 4,500 gpm are available from the looped 12 -inch waterline and 1,600 gpm
are available from the looped 6 -inch waterline. If one does not exist, a 16- foot -wide
easement is required for the existing 12 -inch waterline and fire hydrant in the vacated
portion of Rock Avenue. The final site plan needs to clearly indicate all existing
facilities, including existing fire hydrants, water service and meter locations, water main,
and existing and proposed easements for public water facilities
(d) The parcel is served with all other infrastructure including domestic water,
sanitary sewer, natural gas, electricity, telephone and any other needed utilities
Additionally, the site is protected by the City's Police and Fire Departments.
(6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: The requested rezone and associated SCC uses would be
compatible with neighboring land uses. There are commercial uses to the west and the
south. They are separated from the subject parcel by Landon Avenue and West Nob Hill
Boulevard respectively The manufacturing uses to the east and north are separated from
Shields Bag & Printing Company 7
Rezone from M -2 to SCC
53 West Nob Hill Boulevard
RZ #002 -10; SEPA #007 -10
? i
the subject parcel by Rock Avenue and parking areas. The subject parcel has historically
been used for commercial uses without any known compatibility issues No evidence
was presented suggesting that SCC uses would be incompatible with neighboring uses
(7) The public need for the proposed change: There is a public need for
property to be zoned in accordance with its historical uses if those uses are compatible
with neighboring uses Zoning in accordance with historical commercial uses which are
compatible with neighboring uses allows for future change, expansion and growth of
established commercial uses without the unnecessary delay and expense involved in Type
(2) and Type (3) review processes
VIII. Consistency of the Rezone with Development Regulations and with the
Comprehensive Plan under the Criteria Required by Subsection 16.06.020(B)
of the YMC is to be determined by consideration of the following factors
(1) The types of land uses permitted at the site listed for the City's Small
Convenience Center (SCC) zoning distnct are not consistent with the Comprehensive
Plan's current Industrial designation for the subject parcel. Those uses would be
consistent with the requested Comprehensive Plan designation amendment to
Neighborhood Commercial if that amendment is ultimately approved.
(2) The density of residential development or the level of development such
as units per acre or other measures of density is not a factor weighing against this
rezone request. The requested rezone would allow less maximum lot coverage than the
current zoning allows The maximum lot coverage allowed in the M -2 zoning distnct is
100 %, while the maximum lot coverage allowed in the SCC zoning district is 85% Any
future development would have to comply with applicable SCC zoning ordinance
setback, sitescreening and other standards which would promote the compatibility of the
development with neighboring uses.
Shields Bag & Printing Company 8
Rezone from M -2 to SCC
53 West Nob Hill Boulevard
RZ #002 -10; SEPA #007 -10
(3) The availability and adequacy of infrastructure and public facilities are
not an issue. The subject property is located in an area where all urban services and
facilities are present. No extension of utilities is required and adequate public facilities
exist to accommodate future expansion. All infrastructure including domestic water,
sanitary sewer, natural gas, electricity, telephone and any other needed utilities are
available and adequate. The site is also protected by the City's Police and Fire
Departments
(4) The characteristics of the development to be undertaken on the subject
parcel will have to be consistent with the development standards applicable to the Small
Convenience Center zoning district if the requested rezone is approved.
CONCLUSIONS
Based on the foregoing Findings, the Hearing Examiner reaches the following
Conclusions
(1) The Hearing Examiner has jurisdiction under Subsections 15.23 030(C) and
15.23 030(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 final Determination of Nonsignificance
(DNS) on June 18, 2010, which became final without any appeals being filed during the
appeal period.
(4) If the applicant's requested Comprehensive Plan amendment from Industrial
to Neighborhood Commercial is ultimately granted, the requested rezone would satisfy
the seven rezone crrtena 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 critena because the Small Convenience Center
Shields Bag & Printing Company 9
Rezone from M -2 to SCC
53 West Nob Hill Boulevard
RZ #002 -10; SEPA #007 -10
(SCC) 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 applicant's parcel from the Heavy Industrial (M -2) zoning
district to the Small Convenience Center (SCC) zoning district as described in the
documentation submitted for RZ #002 -10 and SEPA #007 -10 be APPROVED if, and
only if, the requested Comprehensive Plan designation amendment from Industrial to
Neighborhood Commercial is granted.
DATED this 9th day of September, 2010
bk.-
Gary M. Cuillier, Hearing Examiner
Shields Bag & Printing Company 10
Rezone from M -2 to SCC
53 West Nob Hill Boulevard
RZ #002 -10; SEPA #007 -10
i f
City of Yakima, Washington
Hearing Examiner's Recommendation
September 9, 2010
In the Matter of a Rezone Application )
Submitted by: )
) RZ #004 -10
Emmett Nulph )
) SEPA #011 -10
To Rezone a Parcel at 215 South 72nd )
Avenue from the Single - Family )
Residential (R -1) Zoning District to the )
Professional Office (B -1) Zoning District )
A. Introduction. The introductory findings relative to the open record public hearing
process for this application are as follows
(1) The Hearing Examiner conducted an open record public hearing for this
application on August 26, 2010
(2) The staff report which was presented by Associate Planner Vaughn McBride
recommended approval of this request to rezone a parcel from the Single- Family
Residential (R -1) to the Professional Office (B -1) zoning district. The requested zone
change can only be approved if the related application for a Comprehensive Plan
designation amendment of the parcel from the Low Density Residential to the
Professional Office designation is approved. The City's Planning Commission will make
a recommendation to the City Council relative to approval of the requested
Comprehensive Plan amendment. The Hearing Examiner makes this recommendation to
the City Council relative to approval of the requested rezone. Mr McBride recommends
approval of both.
Emmett Nulph 1
Rezone from R -1 to B -1
215 South 72 Avenue
RZ #004 -10; SEPA #011 -10
(3) The applicant's representative for this application, Sherlyn Brockway of
Brockway, Opfer, Raab Architecture, P.L.L C , testified in favor of the requested rezone
and indicated that she has had discussions relative to the possibility of removing fencing
and sharing a driveway with the proposed new library facility to the south.
(4) No one submitted written comments or testified in opposition to the rezone
(5) This recommendation has been issued within ten business days of the heanng.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this rezone from the Single -Family Residential (R -1) to the
Professional Office (B -1) zoning district if the Comprehensive Plan designation is
changed from the Low Density Residential to the Professional Office designation.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on July 16, 2010, the information contained in the staff report, exhibits, testimony
and other evidence presented at an open record public hearing on August 26, 2010, and a
review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, the Examiner makes the following-
FINDINGS
I. Property Owner /Applicant. The property owner and applicant is Emmett Nulph,
807 South 89 Avenue, #2, Yakima, Washington.
II. Location. The location of the subject parcel is on the east side of South 72 Avenue
Emmett Nulph 2
Rezone from R -1 to B -1
215 South 72 Avenue
RZ #004 -10; SEPA #011 -10
� o
at 215 South 72 Avenue, Yakima, Washington. The Assessor's tax parcel number of
the subject parcel is 181320 -43458
III. Application. The main aspects of this application may be summarized as follows
(1) The applicant plans to establish a clinic for his family dental practice on the
subject parcel. The parcel is situated in an area experiencing significant transition from
residential to commercial uses. It is located on the east side of South 72 Avenue across
the street from the Orchards Shopping Center and adjoins property to the south which has
recently received Type (3) review approval for the location of a Yakima Rural County
Library facility which in turn adjoins professional offices and other small businesses
further southward. Land uses north and east of the subject property are currently
designated for low to medium density residential land uses
(2) The proposed rezone follows an already established progression of
professional office and commercial business growth north of Tieton Drive along both
sides of South 72 Avenue. The subject property is served by all necessary urban
services and reflects the extension of a block of existing property zoned for business uses
to the south and west of the subject parcel.
(3) The intent of this application is to change the underlying Comprehensive
Plan's land use designation from Low Density Residential to Professional Office and the
zoning from Single - Family Residential (R -1) to Professional Office (B -1) The requested
Professional Office zoning would allow uses consistent with uses of adjacent properties
south and west of the site
(4) All required public utilities such as sewer, water, irrigation, street lighting and
fire hydrants are presently available to the property Nob Hill Water Association provides
domestic water services and the City of Yakima provides sanitary sewer services Public
facilities are also available such as City police protection, fire protection and public
transit, as well as Yakima School District K -12 public schools
IV. Notices. Notices of the open record public hearing of August 26, 2010, were
provided by the following methods
Emmett Nulph 3
Rezone from R -1 to B -1
215 South 72n Avenue
RZ #004 -10; SEPA #011 -10
Posting of hearing notice on the property June 1, 2010
Mailing of hearing notice to owners within 500 feet: July 26, 2010
Publishing of hearing notice in the Yakima Herald - Republic July 26, 2010
V. State Environmental Policy Act. A final Determination of Nonsignificance
(DNS) was issued by the City of Yakima for this application on June 18, 2010, after a 20-
day comment period. The appeal period expired without any appeals being filed during
the appeal period.
VI. Current Zoning, Comprehensive Plan Designations and Land Uses. The
subject parcel is currently zoned Single - Family Residential (R -1) and the Future Land
Use Map designates the property as Low Density Residential. The property subject to
this application is presently used as a single - family residence The characteristics of
adjacent properties are
Location Zoning Comprehensive Plan Land Use
North R -1 Low Density Residential Residential
South B -1 Professional Office Professional Office
East R -1 Low Density Residential Residential
West B -2 Neighborhood Commercial Commercial
VII. Rezone Review Criteria. Recommendations regarding rezone applications
within the Yakima Urban Area must be based upon the following criteria which are
specified in Subsection 15.23 030(E) of the City of Yakima's Urban Area Zoning
Ordinance (UAZO)
Emmett Nulph 4
Rezone from R -1 to B -1
215 South 72n Avenue
RZ #004 -10; SEPA #011 -10
(1) The testimony at the public hearing: Associate Planner Vaughn McBride
and the applicant's representative for this application, Sherlyn Brockway of Brockway,
Opfer, Raab Architecture, P.L.L C , testified in favor of the requested rezone. There was
no testimony offered at the hearing in opposition to the requested rezone All the
testimony at the hearing supported a positive recommendation regarding this rezone and
no written comments were submitted in opposition to it.
(2) The suitability of the parcel for uses permitted under the proposed zoning:
The fact that the subject property is suitable for uses permitted within the Professional
Office zoning district is shown by the following factors
(a) The intent of this application is to change the underlying Comprehensive
Plan's land use designation from Low Density Residential to Professional Office and the
zoning from Single -Family Residential (R- 1) to Professional Office (B -1) The requested
change will allow Professional Office (B -1) uses which would be consistent with adjacent
properties south and west of the site
(b) The subject parcel is situated in an area which is experiencing significant
transition from residential to commercial uses It is located on the east side of South 72"
Avenue across from property that has been deemed suitable for a variety of retail and
service uses in the Orchards Shopping Center That shopping center is in the Local
Business (B -2) zoning district. The Professional Office (B -1) zoning district is more
restrictive than the Local Business (B -2) zoning district insofar as it allows fewer uses
than are allowed in the B -2 zoning district.
(c) The subject parcel is immediately north of properties which have been
deemed suitable for Class (1) permitted Professional Office uses. The adjacent property
to the south has recently received Type (3) review approval for the location of a Yakima
Rural County Library District facility which in turn adjoins professional offices and other
businesses further southward such as a real estate office, a medical office, a financial
institution and other professional offices. The proposed rezone follows an already
established progression of commercial and professional office uses north of Tieton Dnve
along both sides of South 72 " Avenue.
Emmett Nulph 5
Rezone from R -1 to B -1
215 South 72 Avenue
RZ #004 -10; SEPA #011 -10
}
(d) Although the use which the applicant plans to establish on the subject
parcel is a dental clinic for his family dental practice, which is a Class (1) use permitted
outright in the B -1 zoning district, the requested rezone would also potentially allow any
B -1 Class (1) uses permitted outright on the property or other B -1 uses permitted after
Type (2) or Type (3) review The subject parcel would be of sufficient size to
accommodate many of the uses listed in the table of permitted land uses for the
Professional Office (B -1) zoning district. The Class (1) uses which are permitted outright
and could potentially be utilized on the subject parcel without Type (2) or Type (3)
review in the B -1 zoning district include exercise facilities, daycare centers, libranes,
museums, art galleries, group homes (six or fewer), adult family homes, stockpiling of
earthen materials, mixed use buildings, addressing, mailing, and stenographic services,
espresso /coffee stands, financial institutions, massage therapy /spas, offices professional
(architects, attorneys, engineers, surveyors), medical and dental laboratones, offices and
clinics, service agencies (advertising, employment, insurance, real estate, etc), and
printing, photocopy services.
(e) All required public utilities such as sewer, water, irrigation, street lighting
and fire hydrants are presently available to the property Nob Hill Water Association
provides domestic water services and the City of Yakima provides sanitary sewer
services to the parcel. Public facilities provided to the property include City of Yakima
police protection, fire protection and public transit, as well as Yakima School District K-
12 public schools.
(3) Recommendations from interested agencies and departments: No
interested agencies or departments submitted comments in opposition to this rezone
application.
(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: The fact that the
proposed rezone complies with the goals and policies of the Comprehensive Plan and the
intent of the zoning ordinance is shown by the following factors
Emmett Nulph 6
Rezone from R -1 to B -1
215 South 72 Avenue
RZ #004 -10; SEPA #011 -10
(a) The Comprehensive Plan. If the Comprehensive Plan designation of the
parcel is changed from Low Density Residential to Professional Office, this rezone
request to Professional Office would be in compliance with the Goals and Policies of the
Yakima Urban Area Comprehensive Plan. It would provide a convenient location for a
small -scale professional office business, consistent with the development pattern of the
community, which will not have significant impacts on adjacent neighborhoods and
which is in an area served with the full range of urban services (see, e g., Goal 3 12 and
supporting Policies 3 12 1 through 3 12 8) This request would allow additional
professional office uses in an area where such uses have already been established along
South 72 Avenue
(b) The Zoning Ordinance. Subsection 15 03 020(E) of the City's Urban Area
Zoning Ordinance states that the purpose of the Professional Office (B -1) zoning district
is in part to establish and preserve areas for professional offices, provide a buffer between
commercial clusters and residential neighborhoods, and locate professional offices in
areas presently receiving a full range of urban services. There are already a range of uses
allowed as Local Busmess Class (1) permitted uses near the subject parcel along South
72 Avenue Any new development on the subject parcel will have to comply with the
development standards m the B -1 zoning distnct. Those include structure setback
standards m Table 5 -1 of Chapter 15 05, off - street parking standards m Table 6 -1 of
Chapter 15 06, sitescreening standards in Chapter 15 07, signage standards in Chapter
15 08 and other applicable development standards in the Urban Area Zoning Ordinance
and other ordinances
(5) The adequacy of public facilities such as roads, sewer, water and other
required public services: The public facilities are adequate for B -1 uses on the subject
parcel for the following reasons
(a) The parcel has direct frontage and access to South 72 Avenue. Frontage
improvements are already established on South 72n Avenue. Any broken concrete or
tripping hazards on walking surfaces or curbs are required to be repaired at the time of
construction. Development will require a commercial driveway approach to be
constructed at the time of development. The site plan will be amended to address the
encroachment into the easement by landscaping and by a parking space. All drainage is
required to be retained on site
Emmett Nulph 7
Rezone from R -1 to B -1
215 South 72 Avenue
RZ #004 -10; SEPA #011-10
1 �
(b) Nob Hill Water Association has sufficient water rights to serve the site,
estimates that 4,000 gpm at 20 psi water service is available to the site, will work with
City of Yakima Codes Division to determine hydrant placement and spacing if needed,
will work with the developer to determine the correct meter size for the building and then
will provide the developer a cost estimate, and will require the installation of a Reduced
Pressure Back Flow Assembly (RPBA) in a mechanical room with a sufficient floor drain
for a dental clinic
(c) Sanitary sewer is provided by the City of Yakima. Additional wastewater
connection charges may apply due to a change in use. A sampling port (manhole) is
required to be installed on the side -sewer prior to connecting to the public main in
accordance with Section 7 65 150 of the YMC An amalgam separator is required, and
the dental facility will be placed on the Pretreatment Program and monitored. The
applicant may have other requirements related to wastewater during site plan review, and
connection fees will be assessed.
(d) The parcel is served with all other infrastructure including natural gas,
electricity, telephone and any other needed utilities Additionally, the site is protected by
the City's Police and Fire Departments
(6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: The requested rezone and associated B -1 uses would be
compatible with neighboring land uses for the following reasons
(a) There are commercial uses to the west in the B -2 zoning distnct where the
Orchards Shopping Center is located. The parcels to the south at the corner of Tieton
Drive and South 72 Avenue which are zoned Professional Office (B -1) are developed as
professional office uses. The property immediately south of the applicant's parcel has
recently received approval for the development of a Yakima Rural County Library
District facility
(b) Compatibility with parcels to the north and east which are zoned R -1 and
are fully developed for residential land uses will be promoted by setback, sitescreenmg
and other development standards for parcels in the B -1 zoning district which abut
residential uses
Emmett Nulph 8
Rezone from R -1 to B -1
215 South 72 Avenue
RZ #004 -10; SEPA #011 -10
(c) There was no testimony and there were no public comments suggesting that
the requested rezone would allow uses that would be incompatible with any of the
neighboring land uses.
(d) If the dental office is developed on the site as currently expected, it will be
a low - intensity business land use for a B -1 site That and other uses permitted in the
Professional Office (B -1) zoning district will be compatible with nearby existing Local
Business and Professional Office land uses. That and other uses permitted in the B -1
zoning district will also be compatible with adjacent residential land uses because any
adverse impacts will be addressed by development standards applicable to professional
office uses adjacent to residential uses and can be mitigated through land use review and
permitting processes.
(7) The public need for the proposed change: There is a public need for
property to be zoned to allow uses which are compatible with adjacent and nearby land
uses. In the context of this application, this includes the public need for appropriate
zoning in areas which are for good reasons transitioning from residential to commercial
uses Appropriate zoning in transitionmg areas facilitates the orderly transition of uses
that is taking place.
VIII. Consistency of the Rezone with Development Regulations and with the
Comprehensive Plan under the Criteria Required by Subsection 16.06.020(B)
of the YMC is to be determined by consideration of the following factors
(1) The types of land uses permitted at the site listed for the City's Professional
Office (B -1) zoning district are not consistent with the Comprehensive Plan's current
Low Density Residential designation for the subject parcel. Those uses would be
consistent with the requested Comprehensive Plan designation amendment to
Professional Office if that amendment is ultimately approved.
(2) The density of residential development or the level of development such
as units per acre or other measures of density is not a factor weighing against this
Emmett Nulph 9
Rezone from R-1 to B -1
215 South 72 Avenue
RZ #004 -10; SEPA #011 -10
J
rezone request. Even though the maximum lot coverage of 45% is allowed in the R -1
zoning district while the maximum lot coverage of 80% is allowed in the B -1 zoning
district, any future development of the applicant's parcel would have to comply with
applicable B -1 zoning ordinance setback, sttescreemng and other standards for property
adjacent to residential districts and other districts which would promote the compatibility
of the development with neighboring land uses.
(3) The availability and adequacy of infrastructure and public facilities are
not an issue. The subject property is located in an area where all urban services and
facilities are present. No extension of utilities is required and adequate public facilities
exist to accommodate future expansion. All infrastructure including domestic water,
sanitary sewer, natural gas, electricity, telephone and any other needed utilities are
available and adequate. The site is also protected by City Police and Fire Departments.
(4) The characteristics of the development to be undertaken on the subject
parcel will have to be consistent with the development standards applicable to the
Professional Office zoning district if the requested rezone is approved.
CONCLUSIONS
Based on the foregoing Findings, the Examiner reaches the following Conclusions
(1) The Hearing Examiner has junsdiction under Subsections 15.23 030(C) and
15.23 030(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 final Determination of Nonsigmficance
on June 18, 2010, which became final without any appeals being filed.
(4) If the applicant's requested Comprehensive Plan amendment from Low
Density Residential to Professional Office 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
Emmett Nulph 10
Rezone from R -1 to B -1
215 South 72 ° Avenue
RZ #004 -10; SEPA #011 -10
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 Professional
Office (B -1) zoning classification is not supported by the current Low Density
Residential 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 Single- Family Residential (R -1)
zoning district to the Professional Office (B -1) zoning district as described in the
documentation submitted for RZ #004 -10 and SEPA #011 -10 be APPROVED if, and
only if, the requested Comprehensive Plan designation amendment from Low Density
Residential to Professional Office is granted.
DATED this 9 day of September, 2010
v..... Lau_
Gary M. Cuillier, Hearing Examiner
Emmett Nulph 11
Rezone from R -1 to B -1
215 South 72 Avenue
RZ #004 -10; SEPA #011 -10
City of Yakima, Washington
Hearing Examiner's Recommendation
September 9, 2010
In the Matter of a Rezone Application )
Submitted by: )
)
Lance Blair, ) RZ #005 -10
Blue Ribbon Business Park )
) SEPA #012 -10
To Rezone a Parcel at 2807 West )
Washington Avenue from the Light )
Industrial (M -1) to the General )
Commercial (GC) Zoning District )
A. Introduction. The introductory findings relative to the open record public hearing
process for this application are as follows
(1) The Hearing Examiner conducted an open record public hearmg for this
application on August 26, 2010
(2) The staff report which was presented by Associate Planner Vaughn McBride
recommended approval of this application to rezone the applicant's parcel with an
existing building from the Light Industrial (M -1) to the General Commercial (GC) zoning
district. The rezoning of the property to GC would allow General Commercial uses on
the property which would be similar to nearby commercial uses. The zone change can
only be approved if the related application for a Comprehensive Plan designation
amendment of the parcels from the Industrial to the General Commercial designation is
approved. (A proposed change in the name of the present Arterial Commercial
designation to the General Commercial designation will be recommended for adoption by
the City Council in the near future )
Lance Blair 1
Rezone from M -1 to GC
2807 W Washington Ave.
RZ #005 -10; SEPA #012 -10
f j
(3) The City's Planning Commission will make a recommendation to the City
Council relative to approval of the requested Comprehensive Plan amendment. The
Hearing Examiner makes this recommendation to the City Council relative to approval of
the requested rezone Mr McBride recommends approval of both.
(4) Applicant Lance Blair testified in favor of the requested rezone and indicated
that the requested rezone would make it much easier for him to accommodate new
tenants for the building.
(5) No one submitted written comments or testified in opposition to the rezone.
(6) This recommendation has been issued within ten business days of the hearing.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this rezone from the Light Industrial (M -1) to the General
Commercial (GC) zoning district if the Comprehensive Plan designation is changed from
the Industrial to the General Commercial designation.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on July 16, 2010, the information contained in the staff report, exhibits, testimony
and other evidence presented at an open record public hearing on August 26, 2010, and a
review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, the Examiner makes the following:
FINDINGS
I. Applicant/Property Owners. The applicant is Lance Blair and the property
owners are Lance and Karen Blair, 7405 Spokane Street, Yakima, Washington.
Lance Blair 2
Rezone from M -1 to GC
2807 W Washington Ave.
RZ #005 -10; SEPA #012 -10
II. Location. The location of the requested rezone is at 2807 West Washington Avenue
on the north side of West Washington Avenue The Assessor's tax parcel number for the
parcel is 181335 -23403
III. Application. The main aspects of this application may be summarized as follows
(1) The Blue Ribbon Video Productions facility was constructed in 1999 on
applicant's 1 08 -acre parcel at 2807 West Washington Avenue It is a 100 -foot by 125 -
foot steel structure The business employed 15 individuals providing two basic services
local audio /video services and nationwide fulfillment services Over three - quarters of the
building was warehouse space. The balance of the building was utilized as office space
located in the front of the building parallel to West Washington Avenue Nationwide
fulfillment services declined to the extent that only one employee was needed to provide
the local audio /video services which became 95% of the business. Blue Ribbon Video
consolidated into a 2,500- square -foot area which left the remainder of the building
vacant. The owner therefore began to rent out existing office space to other entities.
(2) The owner received approval for a number of M -1 Class (1) and Class (2) uses
in the building by means of the Examiner's September 8, 2006, decision in CL(2) #23 -06
The interior of the building has been remodeled and reconfigured to provide additional
office space. There are now fifteen (15) office spaces in the building. There are plans to
include up to a total of thirty (30) offices to more fully utilize the available space
(3) The requested Comprehensive Plan Future Land Use Map designation
amendment from Industrial to General Commercial and the concurrent rezone from Light
Industrial (M -1) to General Commercial (GC) would facilitate the permitting process to
allow for a broad range of commercial uses typical of retail /commercial land uses. This
would dispense with repeated, redundant land use reviews presently needed as new
commercial tenants become interested in renting space in the building. The change in
allowable uses would reflect the historical use of the site and maintain compatibility with
existing adjacent land uses east and west of the subject parcel. Wide Hollow Creek
provides a buffer between existing land uses north of the subject property which are
residential in nature Airport- related and light manufacturing land uses exist to the south
across West Washington Avenue
Lance Blair 3
Rezone from M -1 to GC
2807 W Washington Ave.
RZ #005 -10; SEPA #012 -10
' r
(4) The intent of this application is to change the underlying Comprehensive
Plan's land use designation from Industrial to General Commercial and the zoning from
Light Industrial (M -1) to General Commercial (GC) This proposal would change the
current industrial zoning designation to a commercial designation that would reflect the
actual land use of the subject parcel, would maintain the compatibility of existing land
uses north and south of the parcel, and would bring the zoning designation into
conformance with the uses on adjacent properties east and west of the site
(5) All required public utilities such as sewer, water, irrigation, street lighting and
fire hydrants are presently available to the property Public facilities which are provided
to the area include City of Yakima police protection, fire protection and public transit, as
well as Yakima School District K -12 public schools
IV. Notices. Notices of the open record public hearing of August 26, 2010, were
provided by the following methods
Posting of hearing notice on the property. June 1, 2010
Mailing of hearing notice to owners within 500 feet. July 26, 2010
Publishing of hearing notice in the Yakima Herald - Republic July 26, 2010
V. State Environmental Policy Act. A final Determination of Nonsignificance
(DNS) was issued by the City of Yakima for this application on June 18, 2010, after a 20-
day comment period. The DNS became final without any appeals being filed during the
appeal period.
VI. Current Zoning, Comprehensive Plan Designations and Land Uses. The
subject parcel is currently zoned Light Industrial (M -1) and the Future Land Use Map
designates the property as Industrial. The property subject to this application is currently
developed with a 100 -foot by 125 -foot steel structure which is rented for commercial
uses The characteristics of adjacent properties are
Lance Blair 4
Rezone from M -1 to GC
2807 W Washington Ave.
RZ #005 -10; SEPA #012 -10
% t
Location Zoning Comprehensive Plan Land Use
North Single - Family Residential (R -1) Low Density Residential Residential
South Airport Support (AS) General Commercial Aircraft- related
East Light Industrial (M -1) Industrial Mini -mart
West Light Industrial (M -1) Industnal Truck repair
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 Lance Blair testified in favor of the requested rezone There was no
testimony offered at the hearing in opposition to the requested rezone All the testimony
at the hearing supported a positive recommendation regarding this rezone and no written
comments were submitted in opposition to it.
(2) The suitability of the parcels for uses permitted under the proposed
zoning: The fact that the subject property is suitable for uses permitted within the
General Commercial zoning district is shown by the following factors
(a) The subject parcel is already utilized for commercial uses in an existing
building. It is served with all necessary public utilities It has excellent accessibility
from West Washington Avenue
(b) The building on the subject parcel is of sufficient size to accommodate
many uses listed within the table of permitted land uses for the General Commercial
zoning district. The Class (1) uses which are permitted outright and which could
potentially be established on the subject parcel without Type (2) or Type (3) review in the
GC zoning district include agricultural markets, wineries and breweries
resort/destination, retail, bowling alleys, exercise facilities, miniature golf courses, movie
theatres, auditoriums, exhibition halls, sports facilities (indoor), funeral homes not
Lance Blair 5
Rezone from M -1 to GC
2807 W Washington Ave
RZ #005 -10; SEPA #012 -10
associated with cemetenes/ crematonums, churches, synagogues and temples,
community center meeting halls, fraternal organizations, daycare facilities (not home
occupation) family in -home; daycare centers, police, fire stations, ambulance services,
libraries, museums, art galleries, schools elementary and middle, business schools,
vocational schools, group homes (six or fewer), adult family homes, boarding houses,
confectionery and related products (wholesale), pnnting trade (service industries), sign
manufacturing and product assembly, stockpiling of earthen materials, existing or new
detached single - family dwellings on existing lots of 8,000 square feet or less, mixed use
buildings, retirement homes, addressing, mailing and stenographic services, animal
clinics/ hospitals /vetermanans, antique stores, artist's supplies, automotive automobile
dealer new and used sales, weekend automobile and recreational vehicle (RV) sales, car
wash/detailing, parking lots and garages, maintenance and repair shops, paint and body
repair shops, parts and accessories (tires, battenes, etc ), bail bonds, bakeries, beauty and
barber shops, boats and marine accessories, books, stationery, office supplies, butcher
shops, camera stores, candy stores, clothing and accessories, coin and stamp shops,
commercial services, computer and electronic stores, convenience stores closed 10
p.m. to 6.00 a.m., convenience stores open 10 00 p.m. to 6 00 a.m., delicatessens,
department, discount, vanety stores (25,000 sq ft or less), department, discount, variety
stores (25,001 sq ft or more), pet daycare /animal training; drug stores (optical goods,
orthopedic supplies), espresso /coffee stands, fabric stores, farm supplies, financial
institutions, florists, food stores, specialty, furniture, home furnishings, appliances,
general hardware, garden equipment, and supplies (25,000 sq ft or less), general
hardware, garden equipment and supplies (25,001 sq ft or more), gift shops, grocery
stores (larger than 6,000 sq ft), heating and plumbing and electncal equipment stores,
jewelry, watches, silverware sales and repair; laundries, laundromats and dry cleaning
plants, liquor stores, lumber yards, massage therapy /spas, motels and hotels, motorcycles
sales /repair (including maintenance), music stores, nurseries, offices call centers,
contractor building and trade (plumbing, heating, electrical, painting), government,
professional (architects, attorneys, engineers, surveyors), medical and dental laboratones,
offices and clinics, service agencies (advertising, employment, insurance, real estate, etc),
paint, glass and wallpaper stores, pawn brokers, pet stores (pet supplies and dog
grooming), printing, photocopy services, radio/TV studios, rental heavy equipment
(except automotive) without storage, repairs small appliances, TVs, business machines,
watches, etc , repairs locksmiths and gunsmiths, repairs reupholstery and furniture,
repairs small engine and garden equipment; restaurants, cafes and dnve -in eating
facilities, seamstresses, tailors, service stations closed between 10 p.m. and 6 00 a.m.,
Lance Blair 6
Rezone from M -1 to GC
2807 W Washington Ave
RZ #005 -10; SEPA #012 -10
service stations open between 10 00 p.m. and 6.00 a.m., shoe repair and shoe shine
shops, signs, printed, painted or carved, sporting goods, bicycle shops, taverns, bars,
dance establishments, technical equipment sales, toy and hobby stores, truck (large),
manufactured home and travel trailer sales, video sales /rental, bus terminals, contract
truck hauling, rental of trucks with drivers, and wholesale trade
(c) The pnmary existing and future General Commercial uses within the
existing business are now and will in the future be the type of office uses permitted in the
GC zoning distnct. Those existing and future uses are and will be suitable for the parcel.
(3) Recommendations from interested agencies and departments: No agencies
or departments submitted recommendations or comments in opposition to this rezone
application.
(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: The fact that the
proposed rezone complies with the goals and policies of the Comprehensive Plan and the
intent of the zoning ordinance is shown by the following factors
(a) The Comprehensive Plan. This rezone request is accompanied by a request
to change the Future Land Use Map for the subject parcels from Industrial to General
Commercial in order to accommodate the requested rezone of the parcel from Light
Industrial (M -1) to General Commercial (GC) 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 General Commercial
(GC) zoning classification. If the Comprehensive Plan designation of the parcel is
changed to General Commercial, that designation would support the requested rezone of
the parcel to General Commercial (GC) The General Commercial Future Land Use
designation is intended to provide a wide variety of commercial retail and service uses
that are heavily dependent on convenient vehicle access along major travel routes The
subject property has frontage on the major travel route of West Washington Avenue. The
size and location of the building on the parcel allows for development of a wide variety
of commercial and retail uses that are heavily dependent on convenient vehicular access
Lance Blair 7
Rezone from M -1 to GC
2807 W Washington Ave.
RZ #005 -10; SEPA #012 -10
1
along major travel routes consistent with the General Commercial Comprehensive Plan
designation.
(b) The Zoning Ordinance. Subsection 15 03 020(K) of the City's Urban Area
Zoning Ordinance states that the purpose of the General Commercial (GC) zoning district
is to accommodate wholesale and retail activities with some high - density residential
development. This district is primarily located near and along major arterials. A variety
of land uses are permitted, but the intensity of development is intended to be less than the
CBD district. The proposed rezone of this property consisting of about 1 08 of an acre
with access from West Washington Avenue complies with the purpose of the GC zoning
district. Any new development on the subject parcel would have to comply with the
development standards in the GC zoning district. Those include structure setback
standards in Table 5 -1 of Chapter 15 05, off - street parking standards in Table 6 -1 of
Chapter 15 06, sitescreening standards in Chapter 15 07, signage standards in Chapter
15 08 and other applicable development standards in the Urban Area Zoning Ordinance
and other ordinances.
(5) The adequacy of public facilities such as roads, sewer, water and other
required public services: The subject parcel is served by all necessary public facilities
to support General Commercial land uses detailed as follows
(a) Frontage improvements are already established on West Washington
Avenue, though any broken concrete or tripping hazards on walking surfaces or curbs
would be required to be repaired at the time of development.
(b) Public domestic and sanitary sewer service is provided to the parcel by the
City of Yakima.
(c) There is an existing looped 12 -inch waterline in West Washington Avenue.
The site has an existing 3 /4 -inch water service and 3 /4 -inch meter The subject parcel is
located in the Low Pressure Zone and static pressure is estimated at 69 to 79 psi. The
nearest fire hydrant is on the south side of West Washington Avenue approximately 175
feet east of the site. All new fire hydrant or fire sprinkler service requirements would be
determined by City Codes and Fire Department. Fire flow is available at 4,500 gpm from
the looped 12-inch waterline. The site is not within a City irrigation service area.
Lance Blair 8
Rezone from M -1 to GC
2807 W Washington Ave
RZ #005 -10; SEPA #012 -10
f
(d) The proposed rezone is an exempt activity under the Transportation
Capacity Management Ordinance, but any additional future development of the site will
require concurrency review if deemed necessary by the City Traffic Engineer
(6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: The requested rezone and associated uses would be compatible
with neighboring land uses such as a mini -mart and truck repair business The requested
rezone would recognize the actual use of the parcel, which is commercial in nature. Uses
permitted within the General Commercial (GC) zoning district would bring the actual
uses of the building on the parcel for commercial activities into compliance with its
zoning classification and would make the zoning classification of the parcel consistent
with neighboring land uses. The subject parcel is separated from existing residential uses
to the north by Wide Hollow Creek and from existing light manufacturing, airport- related
uses to the south by West Washington Avenue, an arterial roadway
(7) The public need for the proposed change: The public need for the change
arises from the fact that there is a need for consistency between zoning classifications and
existing land uses in order to avoid the delay and expense of permitting processes where
outright permitted uses of a zoning classification are compatible with the area. The
requested rezone recognizes the actual uses of the parcel and of the building on the
parcel, which are commercial in nature. It also allows commercial uses which are
compatible with neighboring commercial land uses to the east and west. It also allows
commercial uses which are compatible with neighboring residential land uses to the north
because of the separation provided by Wide Hollow Creek and which are compatible
with neighboring light- manufactunng, airport- related land uses to the south because of
the separation provided by West Washington Avenue, an arterial roadway
Lance Blair 9
Rezone from M -1 to GC
2807 W Washington Ave.
RZ #005 -10; SEPA #012 -10
t
VIII. Consistency of the Rezone with Development Regulations and with the
Comprehensive Plan under the Criteria Required by Subsection 16.06.020(B)
of the YMC is to be determined by consideration of the following factors
(1) The types of land uses permitted at the site listed for the City's General
Commercial (GC) zoning district are not consistent with the Comprehensive Plan's
current Industrial designation for the subject parcel. Those uses would be consistent with
the requested Comprehensive Plan designation amendment to General Commercial if that
amendment is ultimately approved.
(2) The density of residential development or the level of development such
as units per acre or other measures of density is not a factor weighing against this
rezone request. The 100% maximum lot coverage is the same for both the Light
Industrial and the General Commercial zoning distncts Any future development would
have to comply with applicable GC zoning ordinance setback, sitescreening and other
standards which would promote compatibility of the development with neighboring uses
(3) The availability and adequacy of infrastructure and public facilities are
not an issue Adequate infrastructure and public facilities for General Commercial uses
are available to the existing parcel and building.
(4) The characteristics of the development to be undertaken in the future on the
subject parcel would have to be consistent with the development standards applicable to
the General Commercial zoning district if the requested rezone is approved.
CONCLUSIONS
Based on the foregoing Findings, the Examiner reaches the following Conclusions
(1) The Hearing Examiner has jurisdiction under Subsections 15.23 030(C) and
15.23 030(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.
Lance Blair 10
Rezone from M -1 to GC
2807 W Washington Ave.
RZ #005 -10; SEPA #012 -10
(3) SEPA review resulted in issuance of a final Determination of Nonsignificance
on June 18, 2010, which became final without any appeals being filed.
(4) If the requested Comprehensive Plan amendment from Industrial to General
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 should be approved. If
the requested Comprehensive Plan amendment is not granted, the requested rezone would
not satisfy those criteria because the General Commercial (GC) 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 Light Industnal (M -1) zoning
district to the General Commercial (GC) zoning district as described in the
documentation submitted for RZ #005 -10 and SEPA #012 -10 be APPROVED if, and
only if, the accompanying Comprehensive Plan amendment requested for the property
from Industrial to General Commercial is granted.
DATED this 9 day of September, 2010
�,..., . C
Gary M. Cuillier, Hearing Examiner
Lance Blair 11
Rezone from M -1 to GC
2807 W Washington Ave.
RZ #005 -10; SEPA #012 -10
i
City of Yakima, Washington
Hearing Examiner's Recommendation
August 27, 2010
In the Matter of a Rezone Application )
Submitted by: )
) RZ #006 -10
Darl L. Taylor )
) SEPA #013 -10
To Rezone a Parcel South of W. Nob Hill )
Boulevard on S. 1St Avenue from the Two- )
Family Residential (R -2) to the Small )
Convenience Center (SCC) Zoning District )
A. Introduction. The introductory findings relative to the open record public hearing
process for this application are as follows
(1) The Hearing Examiner conducted an open record public hearing for this
application on August 13, 2010
(2) The staff report which was presented by Supervising Planner Bruce Benson
recommended approval of this request to rezone a parcel from the Two - Family
Residential (R -2) to the Small Convenience Center (SCC) zoning district on the condition
that access to the rezoned parcel is limited to use of one or both of two existing road
approaches on the applicant's two adjacent parcels north of the subject parcel (one on
West Nob Hill Boulevard and one on South 1st Avenue) The requested zone change can
only be approved if the related application for a Comprehensive Plan designation
amendment of the parcel from the Medium Density Residential to the Neighborhood
Commercial designation is approved.
(3) The City's Planning Commission will make a recommendation to the City
Council relative to approval of the requested Comprehensive Plan amendment. The
Darl L. Taylor 1
Rezone from R -2 to SCC
W Nob Hill Blvd. & l Ave.
RZ #006 -10 and SEPA #013 -10
1 !
Hearing Examiner makes this recommendation to the City Council relative to approval of
the requested rezone. Mr Benson recommends approval of both.
(4) The applicant's representative, Bill Hordan of Hordan Planning Services,
testified in favor of the requested rezone, and indicated that the requested rezone would
allow the opportunity for this small parcel to be developed with Small Convenience
Center uses in conjunction with the applicant's two adjacent SCC -zoned parcels.
(5) No one submitted written comments or testified in opposition to the rezone.
(6) This recommendation has been issued within ten business days of the hearing.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this rezone from the Two - Family Residential (R -2) to the
Small Convenience Center (SCC) zoning district if the Comprehensive Plan designation
is changed from the Medium Density Residential to the Neighborhood Commercial
designation.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on August 9, 2010, the information contained in the staff report, exhibits,
testimony and other evidence presented at an open record public hearing on August 13,
2010, and a review of the Yakima Urban Area Comprehensive Plan and the Yakima
Urban Area Zoning Ordinance, the Examiner makes the following:
FINDINGS
I. Property Owner /Applicant. This application was submitted on behalf of property
Darl L. Taylor 2
Rezone from R -2 to SCC
W Nob Hill Blvd. & l Ave
RZ #006 -10 and SEPA 4013 -
owner /applicant Darl L Taylor by Bill Hordan of Hordan Planning Services, 410 North
2 Street, Yakima, Washington.
II. Location. The location of the requested rezone is on the east side of South 1st
Avenue south of Nob Hill Boulevard. It is Assessor's tax parcel number 191330 -32480
III. Application. The main aspects of this application may be summarized as follows
(1) The intent of this application is to change the underlying Comprehensive
Plan's land use designation from Medium Density Residential to Neighborhood
Commercial and the zoning from Two - Family Residential (R -2) to Small Convenience
Center (SCC)
(2) The subject property is situated within an area that continues to transition from
residential to commercial uses. It is located south of West Nob Hill Boulevard on South
1st Avenue where available aenal photography indicates that the property has been vacant
since the late sixties, and perhaps even as far back as the late forties The adjoining two
lots to the north are currently owned by the applicant and are used for an espresso stand.
(3) The parcel involved in this application is quite small and has the advantage of
being contiguous to two other Small Convenience Center zoned parcels owned by the
applicant to the north which front on West Nob Hill Boulevard. Since a new commercial
access to this site from South 1 Avenue would conflict with Comprehensive Plan Policy
3 12 6 which restricts the directing of commercial traffic onto residential streets, a
recommended condition of the rezone would require that access to this property be
limited to either or both of the applicant's two existing road approaches (one onto Nob
Hill Boulevard and one onto South 1 Avenue) which are utilized by the applicant's two
parcels to the north of this property
IV. Notices. Notices of the open record public hearing of August 13, 2010, were
provided by the following methods
Darl L. Taylor 3
Rezone from R -2 to SCC
W Nob Hill Blvd. & 1st Ave
RZ #006 -10 and SEPA #013 -10
Mailing of hearing notice to owners within 500 feet: June 18, 2010
Publishing of hearing notice in the Yakima Herald - Republic June 18, 2010
Posting of hearing notice on the property July 12, 2010
V. State Environmental Policy Act. A final Determination of Nonsignificance
(DNS) was issued by the City of Yakima for this application on July 16, 2010, after a 20-
day comment period. The appeal period expired on July 30, 2010, without any appeals.
Future project specific development proposals will in all likelihood be subject to
additional environmental review in accordance with the provisions of the Yakima
Municipal Code and Washington State Environmental Policy Act.
VI. Current Zoning, Comprehensive Plan Designations and Land Uses. The
subject parcel is currently zoned Two - Family Residential (R -2) and the Future Land Use
Map designates the property as Medium Density Residential The property subject to this
application is currently vacant. The characteristics of adjacent properties are
Location Zoning Comprehensive Plan Land Use
North SCC Neighborhood Commercial Commercial
South R -2 Medium Density Residential Residential
East R -2 Medium Density Residential Residential
West R -2 Medium Density Residential Residential
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)
Darl L. Taylor 4
Rezone from R -2 to SCC
W Nob Hill Blvd. & l Ave.
RZ #006 -10 and SEPA #013 -10
� 1 0
(1) The testimony at the public hearing: Supervising Planner Bruce Benson
and the applicant's representative Bill Hordan of Hordan Planning Services testified in
favor of the requested rezone. There was no testimony offered at the hearing in
opposition to the requested rezone All the testimony at the hearing supported a positive
recommendation regarding this rezone and no wntten comments were submitted in
opposition to it.
(2) The suitability of the parcel for uses permitted under the proposed zoning:
The fact that the subject property is suitable for uses permitted within the Small
Convenience Center zoning district is shown by the following factors
(a) The subject parcel is flat and is served with all necessary public utilities
(b) The subject parcel will likely be used in conjunction with the applicant's
two adjacent parcels to the north which are zoned SCC That would provide sufficient
area for the establishment of SCC uses which would provide goods and/or services to the
surrounding neighborhood.
(c) The subject parcel would be of sufficient size, particularly in conjunction
with the applicant's two adjacent parcels, to accommodate many of the uses listed in the
table of permitted land uses for the Small Convenience Center zoning district. The Class
(1) uses which are permitted outright without Type (2) or Type (3) review in the SCC
zoning district include agricultural markets, wineries and breweries retail, exercise
facilities, daycare centers, libraries, museums, art galleries, stockpiling of earthen
materials, mixed use buildings, addressing, mailing, and stenographic services, artist's
supplies, automotive parking lots and garages, maintenance and repair shops, bakeries,
beauty and barber shops, books, stationary, office supplies, butcher shops, camera stores,
candy stores, clothing and accessories, coin and stamp shops, commercial services,
computer and electronic stores, convenience stores closed at 10 p.m. to 6.00 a.m.,
delicatessens, pet daycare /animal training; drug stores (optical goods, orthopedic
supplies), espresso /coffee stands, fabric stores, financial institutions, florists, food stores,
specialty; furniture, home furnishings, appliances, gift shops, jewelry, watches,
silverware sales and repair; laundries, laundromats and dry cleaning plants, massage
Darl L. Taylor 5
Rezone from R -2 to SCC
W Nob Hill Blvd. & l Ave
RZ #006 -10 and SEPA #013 -10
i f
therapy /spas, motorcycles sales /repair (including maintenance), nursenes, offices
professional (architects, attorneys, engineers, surveyors), medical and dental laboratones,
offices and clinics, service agencies (advertising, employment, insurance, real estate, etc),
pawn brokers, pet stores (pet supplies and dog grooming), printing, photocopy services,
radio /TV studios, repairs small appliances, TVs, business machines, watches, etc ,
repairs locksmiths and gunsmiths, restaurants, cafes and drive -in eating facilities,
seamstresses, tailors, service stations closed between 10 00 p.m. and 6 00 a.m., shoe
repair and shoe shine shops, sporting goods, bicycle shops, technical equipment sales, toy
and hobby stores, and video sales /rental
(d) The size and location of the subject parcel make it suitable for the SCC
zoning of applicant's adjacent parcels so that it may be used for the same SCC uses. SCC
uses will be compatible with existing commercial uses along West Nob Hill Boulevard.
(3) Recommendations from interested agencies and departments: No agencies
or departments submitted comments in opposition to this rezone application.
(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: The fact that the
proposed rezone complies with the goals and policies of the Comprehensive Plan and the
intent of the zoning ordinance is shown by the following factors
(a) The Comprehensive Plan. This rezone request is in compliance with the
Yakima Urban Area Comprehensive Plan because it provides a convenient location
which is consistent with the development pattern of the community (Goal 3 12 and
supporting Policies 3 12 1 through 3 12 8) This request will also bring additional land
into the Small Convenience Center (SCC) zoning district which lies to the north so as to
provide the opportunity for a slightly larger commercial node for commercial
development along West Nob Hill Boulevard.
(b) The Zoning Ordinance. Subsection 15 03 020(H) of the City's Urban Area
Zoning Ordinance states that the purpose of the Small Convenience Center (SCC) zoning
district is in part to provide areas for commercial activities outside the downtown
Darl L. Taylor 6
Rezone from R -2 to SCC
W Nob Hill Blvd. & 1 Ave
RZ #006 -10 and SEPA #013 -10
1
commercial district that meet community retail shopping and service needs and
accommodate small commercial centers Small Convenience Centers serve the day -to-
day convenience shopping and service needs of the surrounding neighborhood and should
be designed to minimize undesirable impacts of the center on the neighborhood it serves
and to deal directly with the consumer There is already commercial zoning and
development near the subject parcel along Nob Hill Boulevard. Any new development
on the subject parcel will have to comply with the development standards in the SCC
zoning district. Those include structure setback standards in Table 5 -1 of Chapter 15 05,
off - street parking standards in Table 6 -1 of Chapter 15 06, sitescreening standards in
Chapter 15 07, signage standards in Chapter 15 08 and other applicable development
standards in the Urban Area Zoning Ordinance and other ordinances
(5) The adequacy of public facilities such as roads, sewer, water and other
required public services: The property, once melded with the abutting property to the
north, will have direct frontage and access to West Nob Hill Boulevard. The property is,
or can be, served with all other infrastructure including domestic water, sanitary sewer,
natural gas, electricity, telephone and any other needed utilities Additionally, the site is
protected by the City's Police and Fire Departments.
(6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: The requested rezone and associated uses would be compatible
with neighboring land uses for the following reasons
(a) The requested zone change is compatible with the use of the applicant's
contiguous property to the north which is zoned Small Convenience Center and contains
an existing small -scale business.
(b) There are viable residential properties on the other three sides of the
subject parcel. The incursion of commercial uses south from Nob Hill Boulevard could
not be supported should commercial traffic be allowed to access this property directly
from South 1st Avenue rather than from the existing commercial curb cuts located on the
applicant's properties to the north. The Comprehensive Plan contains specific policies
directing that commercial properties not be accessed through residential areas.
Darl L. Taylor 7
Rezone from R -2 to SCC
W Nob Hill Blvd. & 1 Ave.
RZ #006 -10 and SEPA #013 -10
(c) The adjacent commercial use to the north would not readily support the
development of additional housing on this vacant lot. Any potential incompatibility with
neighboring residential uses will be addressed by the zoning code through normal site
plan approval. Adjoining property owners have already constructed solid board fences
on their properties adjacent to this parcel. Additional mitigation will likely be required
whenever a specific project is proposed. The property owner has indicated that any
proposed new structure constructed on the property would back up against the residential
district so as to keep incompatible noises from deliveries and traffic away from the
neighbonng homes. Additionally, should any Class (2) or Class (3) uses be proposed
here, the public comment and heanng process for those uses would facilitate additional
mitigation should it be necessary
(7) The public need for the proposed change: The public need for the proposed
rezone arises from the following facts
(a) This small neighborhood commercial node is in need of expansion due to
the increase in commercial traffic along West Nob Hill Boulevard. This is a good
location for the travelling public to acquire goods and services conveniently
(b) The rezone permits a slightly larger area within the SCC zoning district to
accommodate new uses, as most of the lots along West Nob Hill Boulevard are small in
size, which limits the land uses which can locate in this area. The proposal also would
promote economic development, provide jobs and help maintain a strong business core
VIII. Consistency of the Rezone with Development Regulations and with the
Comprehensive Plan under the Criteria Required by Subsection 16.06.020(B)
of the YMC is to be determined by consideration of the following factors
(1) The types of land uses permitted at the site listed for the City's Small
Convenience Center (SCC) zoning district are not consistent with the Comprehensive
Plan's current Medium Density Residential designation for the subject parcel Those
uses would be consistent with the requested Comprehensive Plan designation amendment
to Neighborhood Commercial if that amendment is ultimately approved.
Darl L. Taylor 8
Rezone from R -2 to SCC
W Nob Hill Blvd & 1 Ave.
RZ #006 -10 and SEPA #013 -10
I
(2) The density of residential development or the level of development such
as units per acre or other measures of density is not a factor weighing against this
rezone request. Even though 85% maximum lot coverage is allowed in the SCC zoning
district, while only 50% maximum lot coverage is allowed in the R -2 zoning district, any
future development would have to comply with applicable SCC zoning ordinance
setback, sitescreening and other standards which would promote the compatibility of the
development with neighboring uses
(3) The availability and adequacy of infrastructure and public facilities are
not an issue The subject property is located in an area where all urban services and
facilities are present. No extension of utilities is required and adequate public facilities
exist to accommodate future expansion. All infrastructure including domestic water,
sanitary sewer, natural gas, electricity, telephone and any other needed utilities are
available and adequate. The site is also protected by the City's Police and Fire
Departments. Previous projects in the area were reviewed for adequacy of public
facilities to support proposed development of small -scale commercial land uses All
indications are that all public facilities and infrastructure necessary to support
commercial land uses are in place If any shortfall exists in the delivery of services,
necessary mitigation will take place to ensure the availability of adequate public facilities
which will be provided at the developer's expense.
(4) The characteristics of the development to be undertaken on the subject
parcel will have to be consistent with the development standards applicable to the Small
Convenience Center zoning district if the requested rezone is approved.
CONCLUSIONS
Based on the foregoing Findings, the Examiner reaches the following Conclusions
(1) The Hearing Examiner has jurisdiction under Subsections 15.23 030(C) and
15.23 030(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.
Darl L. Taylor 9
Rezone from R -2 to SCC
W Nob Hill Blvd. & lst Ave
RZ #006 -10 and SEPA #013 -10
(3) SEPA review resulted in issuance of a final Determination of Nonsigmficance
on July 16, 2010, which became final without any appeals being filed by July 30, 2010
(4) If the applicant's requested Comprehensive Plan amendment from Medium
Density Residential to Neighborhood 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 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 Medium
Density Residential 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 applicant's parcel from the Two - Family Residential (R -2)
zoning district to the Small Convenience Center (SCC) zoning district as described in the
documentation submitted for UAZO RZ #006 -10 and SEPA #013 -10 be APPROVED
subject to the condition that access to this parcel is limited to use of either or both of the
two existing road approaches (one on Nob Hill Boulevard and one on South 1 Avenue)
which currently serve as access to the applicant's two parcels north of the rezoned parcel
DATED this 27 day of August, 2010
Gary M. Cu llier, Hearing Examiner
Darl L. Taylor 10
Rezone from R -2 to SCC
W Nob Hill Blvd. & 1 Ave.
RZ #006 -10 and SEPA #013 -10
1 j
City of Yakima, Washington
Hearing Examiner's Recommendation
August 26, 2010
In the Matter of a Rezone Application )
Submitted by: )
) RZ #008 -10
Adli Eid )
) SEPA #015 -10
To Rezone a Parcel at 811 West Mead )
Avenue from the Two - Family Residential )
(R -2) Zoning District to the Local )
Business (B -2) Zoning District )
A. Introduction. The introductory findings relative to the open record public hearing
process for this application are as follows
(1) The Hearing Examiner conducted an open record public hearing on August
12, 2010
(2) The staff report presented by Associate Planner Jeff Peters recommended
approval of this application to rezone a parcel from the Two - Family Residential (R -2) to
the Local Business (B -2) zoning district. Then the current local business use of the parcel
as a convenience store /market which was originally established in 1939 would be the
type of use that would no longer require Type (3) nonconforming use review for its future
expansion or modification on the rezoned parcel. The zone change can only be approved
if the related application for a Comprehensive Plan designation amendment of the parcel
from the Medium Density Residential to the Neighborhood Commercial designation is
approved.
Adli Eid 1
Rezone from R -2 to B -2
811 West Mead Avenue
RZ #008 -10 and SEPA #015 -10
t j
(3) The City's Planning Commission will make a recommendation to the City
Council relative to approval of the requested Comprehensive Plan amendment. The
Hearing Examiner makes this recommendation to the City Council relative to approval of
the requested rezone Mr Peters recommends approval of both.
(4) The property owner's representative, Bill Hordan of Hordan Planning Services,
testified in favor of the requested rezone and indicated that the requested rezone would
dispense with the need to apply for Type (3) nonconforming use review in order to
expand or modify the existing use in the future
(5) No one submitted written comments or testified in opposition to the rezone
(6) This recommendation has been issued within ten business days of the hearing.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this rezone from the Two - Family Residential (R -2) to the
Local Business (B -2) zoning district if the Comprehensive Plan designation is changed
from the Medium Density Residential to the Neighborhood Commercial designation.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on August 9, 2010, the information contained in the staff report, exhibits,
testimony and other evidence presented at an open record public heanng on August 12,
2010, and a review of the Yakima Urban Area Comprehensive Plan and the Yakima
Urban Area Zoning Ordinance, the Examiner makes the following
FINDINGS
I. Property Owner /Applicant. This application was submitted on behalf of property
Adli Eid 2
Rezone from R -2 to B -2
811 West Mead Avenue
RZ #008 -10 and SEPA #015 -10
owner Adli Eid by Bill Hordan of Hordan Planning Services, 410 North 2 Street,
Yakima, Washington.
II. Location. The location of the requested rezone is 811 West Mead Avenue, Yakima,
Washington. The Assessor's tax parcel number for the property is 181325 -43428
III. Application. The main aspects of this application may be summarized as follows
(1) The subject property and convenience store /market known as Many's Market
is located immediately north of the intersection of South 9 Avenue and West Mead
Avenue The area is residentially zoned and is occupied by existing residential homes
except to the south where property is zoned Local Business and is used for commercial
uses
(2) The City of Yakima's records indicate that the convenience store /market has
existed at its current location since approximately 1939, thereby predating adoption of the
City's 1986 zoning ordinance and associated zoning map The City's zoning maps from
1986 to 2010 indicate that the subject property has always been zoned Two -Family
Residential
(3) On March 24, 2005, the applicant submitted a Class (3) use application to
expand the nonconforming convenience store /market use onto an adjoining lot for the
purpose of providing additional off - street parking. That application was approved on July
15, 2005 Following approval of the requested expansion of the nonconforming use, the
property owner completed a Short Plat Exemption - Merger which combined the parcel
containing the convenience store /market and the parcel containing it's associated off
street parking lot into one single parcel.
(4) The convenience store /market is served by all necessary public utilities.
IV. Notices. Notices of the open record public hearing held on August 12, 2010, were
provided by the following methods
Adli Eid 3
Rezone from R -2 to B -2
811 West Mead Avenue
RZ #008 -10 and SEPA #015 -10
Mailing of notice to property owners within 500 feet: June 18, 2010
Publishing of notice in the Yakima Herald - Republic June 18, 2010
Posting of notice on the property June 23, 2010
V. State Environmental Policy Act. A final Determination of Nonsignificance
(DNS) was issued by the City of Yakima for this application on July 14, 2010, after a 20-
day comment period. The appeal period expired on July 28, 2010, without any appeals.
VI. Current Zoning, Comprehensive Plan Designations and Land Uses. The
subject parcel is currently zoned Two - Family Residential (R -2) and the Future Land Use
Map designates the property as Medium Density Residential The property currently is
utilized for a convenience store /market known as Many's Market. The characteristics of
adjacent properties are
Location Zoning Comprehensive Plan Land Use
North R -2 Medium Density Residential Residential
South B -2 Neighborhood Commercial Commercial
East R -2 Medium Density Residential Residential
West R -2 Medium Density Residential Residential
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 Jeff Peters and the
property owner's representative Bill Hordan of Hordan Planning Services testified in
Adh Etd 4
Rezone from R -2 to B -2
811 West Mead Avenue
RZ #008 -10 and SEPA #015 -10
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
(2) The suitability of the parcel for uses permitted under the proposed zoning:
The fact that the subject property is suitable for uses permitted within the Local Business
zoning district is shown by the following factors
(a) The fact that the convenience store /market has already existed on the
property since 1939 is strong evidence that the parcel is suitable for the existing local
business use
(b) The uses allowed within the B -2 zoning district as a Class (1) permitted use
which do not require Type (2) or Type (3) review are primarily small -scale retail uses or
services that would be compatible with surrounding residential uses Class (1) Local
Business uses include exercise facilities, daycare centers, small group homes or adult
family homes, stockpiling of earthen materials, mixed -use buildings, addressing, mailing,
and stenographic services, artist's supplies, parking lots and garages, bakeries, beauty
and barber shops, books, stationery, office supplies, butcher shops, camera stores, candy
stores, clothing and accessories, coin and stamp shops, commercial services, computer
and electronic stores, delicatessens, pet daycare /animal training; drug stores (optical
goods, orthopedic supplies), espresso /coffee stands, fabric stores, financial institutions,
florists, food stores, specialty; furniture, home furnishmgs, appliances, gift shops,
jewelry, watches, silverware sales and repair; message therapy /spas, nurseries, offices
professional (architects, attorneys, engineers, surveyors), medical and dental laboratories,
offices and clinics, service agencies (advertising, employment, insurance, real estate, etc),
printing, photocopy services, repairs small appliances, TVs, business machines, watches,
etc , repairs locksmiths and gunsmiths, restaurants, cafes and dnve -in eating facilities,
seamstresses, tailors, shoe repair and shoe shine shops, sporting goods, bicycle shops,
technical equipment sales, toy and hobby stores, and video sales /rental.
(c) The rezoning of the subject parcel to B -2 will make the existing
convenience store /market use the type of use that will no longer require Type (3) review
Adli Eid 5
Rezone from R -2 to B -2
811 West Mead Avenue
RZ #008 -10 and SEPA #015 -10
1 i
for its future expansion or modification as a nonconforming use on the parcel. It would
also allow outright the existing use of the parcel to be replaced by enumerated Class (1)
small -scale Local Business retail uses or services which would be suitable for the parcel
or by other Local Business uses approved through Type (2) or Type (3) review
(3) Recommendations from interested agencies and departments: No agencies
or departments submitted comments in opposition to this rezone application.
(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: The fact that the
proposed rezone complies with the goals and policies of the Comprehensive Plan and the
intent of the zoning ordinance is shown by the following factors
(a) The Comprehensive Plan. This rezone request is accompanied by a request
to change the Future Land Use Map for the subject parcel from Medium Density
Residential to Neighborhood Commercial in order to accommodate the requested rezone
of the parcel from Two - Family Residential (R -2) to Local Business (B -2) The requested
rezone cannot be approved without that change in the Comprehensive Plan designation
because the existing Medium Density Residential Comprehensive Plan designation does
not support the Local Business (B -2) zoning classification. If the Comprehensive Plan
designation of the parcel is changed to Neighborhood Commercial, that designation
would support the requested rezone of the parcel to Local Business (B -2) The
Neighborhood Commercial Future Land Use designation is intended to provide small
scale neighborhood convenience commercial uses and services primarily for residents of
adjacent neighborhoods. These types of businesses are typically located along a mmor
arterial, or at the intersection of a minor arterial and a collector arterial street. The
subject business is located at the intersection of a minor artenal and local access street,
and is a neighborhood convenience store /market which has served the surrounding
neighborhood for many years. Comprehensive Plan goals and policies which further
support this request are as follows
Adli Eid 6
Rezone from R -2 to B -2
811 West Mead Avenue
RZ #008 -10 and SEPA #015 -10
(i) Goal 312 Provide small scale, neighborhood convenience
commercial uses and services, primarily serving residents of adjacent
neighborhoods
(ii) Policy 3 12 1 A Neighborhood Commercial center will provide
land uses for businesses such as grocery stores, convenience stores, drug stores,
restaurants and small retail stores.
(111) Policy 3 12.3 Neighborhood Commercial uses shall be located at
the intersection of principal arterial, minor arterial or collector arterials
(iv) Policy 3 12 4 Neighborhood Commercial may be allowed when
water and sewer service, street improvements, traffic control devices, municipal
services and other development - related improvements are in place
(v) Policy 3 12 5 Adequate buffering shall be provided between
adjacent residential land uses.
(vi) Policy 3 12 6 No motor vehicle access to the commercial site shall
be through residential areas
(vii) Policy 3 12 7 Neighborhood Commercial uses shall be located in
areas that will enhance, rather than hinder the stability of residential areas.
(viii) Policy 3 12 8 The predominant uses of Neighborhood Commercial
shall be small -scale businesses that will not have significant adverse impacts on
adjacent neighborhoods
(b) The Zoning Ordinance. Subsection 15 03 020(F) of the Urban Area
Zoning Ordinance states that the purpose of the Local Business (B -2) zoning district is in
part to provide areas for commercial activities that meet the small retail shopping and
service needs of the community, and that uses characteristic of this district include small
retail sales and service establishments. Any new development on the subject parcel will
have to comply with the development standards in the B -2 zoning district. Those include
structure setback standards in Table 5 -1 of Chapter 15 05, off - street parking standards in
Table 6 -1 of Chapter 15 06, sitescreening standards in Chapter 15 07, signage standards
in Chapter 15 08 and other applicable development standards in the Urban Area Zoning
Ordinance and other ordinances
(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 to support Local Business uses The proposed rezone is an exempt activity
Adlh Eid 7
Rezone from R -2 to B -2
811 West Mead Avenue
RZ #008 -10 and SEPA #015 -10
under the Transportation Capacity Management Ordinance, but any additional future
development of the site may require concurrency review if deemed necessary by the City
Traffic Engineer
(6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: The requested rezone will make the zoning designation of the
applicant's parcel consistent with the use existing on the parcel since 1939 The parcel
has not been zoned consistently with that use since adoption of the zoning ordinance in
1986 The fact that the existing convenience store /market has coexisted with neighboring
uses since 1939 without known compatibility issues indicates that any additional future
Local Business (B -2) uses that would be allowed on the parcel by the requested rezone
would also be compatible with the neighboring local business uses to the south and with
the neighboring residential uses No adverse written or verbal comments were submitted
which would suggest that B -2 uses would be incompatible with neighboring land uses.
Development standards such as setback, off - street parking, sitescreening and other
requirements would promote compatibility of any new development with neighboring
land uses.
(7) The public need for the proposed change: There is a public need for
property to be zoned in a manner that is consistent with the legally established existing
uses which are compatible with uses on surrounding property There is also a public need
to simplify and expedite land use approval processes where possible and appropriate
Rezone of the subject parcel will alleviate the burden and expense of Type (3)
nonconforming use review that currently would be required in order to expand or modify
the long - established use on the parcel
Adli Eid 8
Rezone from R -2 to B -2
811 West Mead Avenue
RZ #008 -10 and SEPA #015 -10
1 j
VIII. Consistency of the Rezone with Development Regulations and with the
Comprehensive Plan under the Criteria Required by Subsection 16.06.020(B)
of the YMC is to be determined by consideration of the following factors,
(1) The types of land uses permitted at the site listed for the City's Local
Business (B -2) zoning district are not consistent with the Comprehensive Plan's current
Medium Density Residential designation for the subject parcel Those uses would be
consistent with the requested Comprehensive Plan designation amendment to
Neighborhood Commercial if that amendment is ultimately approved.
(2) The density of residential development or the level of development such
as units per acre or other measures of density do not require denial of this rezone
request. Any future proposed use would have to comply with applicable B -2 zoning
ordinance maximum lot coverage provisions relating to the density of development and
setback, sitescreening and other standards that promote compatibility with neighboring
properties.
(3) The availability and adequacy of infrastructure and public facilities are
present for B -2 uses and support the applicant's request for approval of the rezone
(4) The characteristics of the development on the parcel as currently developed
are consistent with B -2 development standards Any new development on the subject
parcel will also have to be consistent with the applicable B -2 development standards
CONCLUSIONS
Based on the foregoing Findings, the Examiner reaches the following
Conclusions
(1) The Hearing Examiner has junsdiction under Subsections 15.23 030(C) and
15.23 030(E) of the UAZO to make a recommendation to the Yakima City Council
regarding this rezone application.
Adli Eid 9
Rezone from R -2 to B -2
811 West Mead Avenue
RZ #008 -10 and SEPA #015 -10
1
(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 final Determination of Nonsignificance
on July 14, 2010, which became final without any appeals being filed.
(4) If the requested Comprehensive Plan amendment from Medium Density
Residential to Neighborhood 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 should be approved. If the requested Comprehensive Plan amendment
is not granted, the requested rezone would not satisfy those criteria because the Local
Business (B -2) zoning classification is not supported by the current Medium Density
Residential 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 Two - Family Residential (R -2)
zoning district to the Local Business (B -2) zoning district as described in the
documentation submitted for RZ #008 -10 and SEPA #015 -10 be APPROVED if, and
only if, the accompanying Comprehensive Plan amendment requested for the property
from Medium Density Residential to Neighborhood Commercial is granted.
DATED this 26 day of August, 2010
,b iv,- . C_€.1.14:___
Gary M. Cuillier, Hearing Examiner
Adli Eid 10
Rezone from R -2 to B -2
811 West Mead Avenue
RZ #008 -10 and SEPA #015 -10
City of Yakima, Washington
Hearing Examiner's Recommendation
August 27, 2010
In the Matter of a Rezone Application )
Submitted by: )
)
Printing Press Properties, LLC ) RZ #09 -10
and William B. Douglas )
) SEPA #016 -10
To Rezone 3 Parcels at 2407 Longfibre )
Avenue from the Light Industrial )
(M -1) Zoning District to the General )
Commercial (GC) Zoning District )
A. Introduction. The introductory findings relative to the open record public hearing
process for this application are as follows
(1) The Hearing Examiner conducted an open record public hearing for this
application on August 13, 2010
(2) The staff report presented by Supervising Planner Bruce Benson recommended
approval of this application to rezone three parcels from the Light Industrial (M -1) to the
General Commercial (GC) zoning district. The rezoning of the property to GC would
allow General Commercial uses on the property which would be similar to nearby
commercial uses The zone change can only be approved if the related application for a
Comprehensive Plan designation amendment of the parcels from the Industrial to the
General Commercial designation is approved. (A proposed change in the name of the
present Arterial Commercial designation to the General Commercial designation will be
recommended for adoption by the City Council in the near future.)
Printing Press Properties, LLC 1
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
? I
(3) The City's Planning Commission will make a recommendation to the City
Council relative to approval of the requested Comprehensive Plan amendment. The
Hearing Examiner makes this recommendation to the City Council relative to approval of
the requested rezone Mr Benson recommends approval of both.
(4) The property owners' representative, Bill Hordan of Hordan Planning Services,
testified in favor of the requested rezone and mdicated that the requested rezone would
allow the property to be developed with General Commercial uses similar to uses on
nearby properties.
(5) No one submitted written comments or testified in opposition to the rezone
(6) This recommendation has been issued within ten business days of the hearmg.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this rezone from the Light Industrial (M -1) to the General
Commercial (GC) zoning district if the Comprehensive Plan designation is changed from
the Industrial to the General Commercial designation.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on August 9, 2010, the information contained in the staff report, exhibits,
testimony and other evidence presented at an open record public hearing on August 13,
2010, and a review of the Yakima Urban Area Comprehensive Plan and the Yakima
Urban Area Zoning Ordinance, the Examiner makes the following
FINDINGS
I. Property Owners /Applicant. The application was submitted on behalf of the two
Printing Press Properties, LLC 2
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
property owners (Printing Press Properties, LLC and William B Douglas) by Bill Hordan
of Hordan Planning Services, 410 North 2 Street, Yakima, Washington.
II. Location. The location of the requested rezone is at 2407 Longfibre Avenue on the
northeast corner of the intersection of Longfibre Avenue and Valley Mall Boulevard,
Yakima, Washington. Only the west part of Assessor's tax parcel number 191331 -43004
owned by Printing Press Properties, LLC (which will be Lot 2 of the proposed
Preliminary Short Plat of Jay Sentz) is included in this rezone application. The east part
of that parcel will retain its current Industrial Comprehensive Plan designation and Light
Industrial zoning classification Adjacent Assessor's tax parcel numbers 191331 -43005
and 43006 to the north included in this rezone request are owned by William B Douglas.
III. Application. The main aspects of this application may be summarized as follows
(1) The property included in this application is about 21 acres situated northeast of
the intersection of Valley Mall Boulevard and Longfibre Avenue. The property is
adjacent to an area that is experiencing significant new commercial growth. Contributing
to this growth is the westward extension of Valley Mall Boulevard to connect with South
16 Avenue at Washington Avenue and the interconnection of Longfibre Avenue north
from Valley Mall Boulevard to Washington Avenue Costco Wholesale Warehouse and
Toyota of Yakima are located near the subject property to the southwest and to the west
respectively
(2) The most southerly lot in this application is in the process of being short
platted into two lots The easterly lot in the short plat contains a large industrial printing
plant and this portion of the property is not being proposed for any changes to its current
future land use and zoning designations
Printing Press Properties, LLC 3
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
, i
(3) The subject property is capable of being served by all necessary public
utilities, but these services have not yet been extended onto the property Public services
which are provided to the property include City of Yakima police protection, fire
protection and public transit.
(4) The intent of this application is to change the underlying Comprehensive
Plan's land use designation from Industrial to General Commercial and the zoning from
Light Industrial (M -1) to General Commercial (GC)
IV. Notices. Notices of the open record public hearing of August 13, 2010, were
provided by the following methods
Mailing of hearing notice to owners within 500 feet. June 18, 2010
Publishing of hearing notice in the Yakima Herald - Republic June 18, 2010
Posting of hearing notice on the property July 12, 2010
V. State Environmental Policy Act. A final Determination of Nonsignificance
(DNS) was issued by the City of Yakima for this application on July 16, 2010, after a 20-
day comment period. The appeal period expired without any appeals. Future project
specific development proposals will in all likelihood be subject to additional
environmental review in accordance with the provisions of the Yakima Municipal Code
and Washington State Environmental Policy Act.
VI. Current Zoning, Comprehensive Plan Designations and Land Uses. The
subject parcel is currently zoned Light Industrial (M -1) and the Future Land Use Map
designates the property as Industrial The property subject to this application is currently
vacant. The characteristics of adjacent properties are
Printing Press Properties, LLC 4
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
Location Zoning Comprehensive Plan Land Use
North Light Industrial (M -1) Industrial Industrial
South Regional Commercial (C -2) Non - Residential Commercial/
(Union Gap) (Union Gap) Vacant
East Light Industrial (M -1) Industrial Industnal/
Vacant
West Regional Commercial (C -2) Non - Residential Commercial/
(Union Gap) (Union Gap) Vacant
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: Supervising Planner Bruce Benson
and the property owners' representative Bill Hordan of Hordan Planning Services
testified in favor of the requested rezone. There was no testimony offered at the hearing
in opposition to the requested rezone All the testimony at the hearing supported a
positive recommendation regarding this rezone and no written comments were submitted
in opposition to it.
(2) The suitability of the parcels for uses permitted under the proposed
zoning: The fact that the subject property is suitable for uses permitted within the
General Commercial zoning district is shown by the following factors
(a) The subject property is flat and can be served with all necessary public
utilities. The property has excellent accessibility from Longfibre Avenue, by way of
either Valley Mall Boulevard or Washington Avenue
Printing Press Properties, LLC 5
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
(b) Even though the Comprehensive Plan's Critical Areas Maps indicate that
certain portions of this property contain potential wetlands, water in those areas is the
result of runoff from manmade irrigation drainage ditches. The State's Growth
Management Act provides that " Wetlands do not include those artificial wetlands
intentionally created from non - wetland sites, including, but not limited to, irrigation and
drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds and landscape amenities " When manmade drainage in this area is
properly maintained and /or eliminated, the wetlands dry up so as to no longer pose a
critical areas concern.
(c) The subject property is of sufficient size to accommodate nearly any use
listed within the table of permitted land uses for the General Commercial zoning district.
The Class (1) uses which are permitted outright without Type (2) or Type (3) review in
the GC zoning district include agricultural markets, wineries and breweries
resort/destination, retail, bowling alleys, exercise facilities, miniature golf courses, movie
theatres, auditoriums, exhibition halls, sports facilities (indoor), funeral homes not
associated with cemeteries /crematoriums, churches, synagogues and temples, community
center meeting halls, fraternal organizations, daycare facilities (not home occupation)
family in -home; daycare centers, police, fire stations, ambulance services, libraries,
museums, art galleries, schools elementary and middle, business schools, vocational
schools, group homes (six or fewer), adult family homes, boarding houses, confectionery
and related products (wholesale), printing trade (service industries), sign manufacturing
and product assembly, stockpiling of earthen materials, existing or new detached single -
family dwellings on existing lots of 8,000 square feet or less, mixed use buildings,
retirement homes, addressing, mailing and stenographic services, animal clinics/
hospitals /veterinarians, antique stores, artist's supplies, automotive automobile dealer
new and used sales, weekend automobile and recreational vehicle (RV) sales, car
wash/detailmg, parking lots and garages, maintenance and repair shops, paint and body
repair shops, parts and accessories (tires, batteries, etc ), bail bonds, bakeries, beauty and
barber shops, boats and marine accessories, books, stationery, office supplies, butcher
shops, camera stores, candy stores, clothing and accessories, coin and stamp shops,
commercial services, computer and electronic stores, convenience stores closed 1000
p.m. to 6 a.m., convenience stores open 10 p.m. to 6 00 a.m , delicatessens,
department, discount, variety stores (25,000 sq ft or less), department, discount, variety
stores (25,001 sq ft or more), pet daycare /animal training; drug stores (optical goods,
Printing Press Properties, LLC 6
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
orthopedic supplies), espresso /coffee stands, fabric stores, farm supplies, financial
institutions, florists, food stores, specialty, furniture, home furnishings, appliances,
general hardware, garden equipment, and supplies (25,000 sq ft or less), general
hardware, garden equipment and supplies (25,001 sq ft or more), gift shops, grocery
stores (larger than 6,000 sq ft), heating and plumbing and electrical equipment stores,
jewelry, watches, silverware sales and repair; laundries, Laundromats and dry cleaning
plants, liquor stores, lumber yards, massage therapy /spas, motels and hotels, motorcycles
sales /repair (including maintenance), music stores, nurseries, offices call centers,
contractor building and trade (plumbing, heating, electrical, painting), government,
professional (architects, attorneys, engineers, surveyors), medical and dental laboratories,
offices and clinics, service agencies (advertising, employment, insurance, real estate, etc),
paint, glass and wallpaper stores, pawn brokers, pet stores (pet supplies and dog
grooming), printing, photocopy services, radio /TV studios, rental heavy equipment
(except automotive) without storage, repairs small appliances, TVs, business machines,
watches, etc , repairs locksmiths and gunsmiths, repairs reupholstery and furniture,
repairs small engine and garden equipment, restaurants, cafes and drive -in eating
facilities, seamstresses, tailors, service stations closed between 10 p.m. and 6 a.m.,
service stations open between 10 00 p.m. and 6 a.m., shoe repair and shoe shine
shops, signs, printed, painted or carved, sporting goods, bicycle shops, taverns, bars,
dance establishments, technical equipment sales, toy and hobby stores, truck (large),
manufactured home and travel trailer sales, video sales /rental, bus terminals, contract
truck hauling, rental of trucks with drivers, and wholesale trade.
(d) The size and the location of the subject three parcels make them suitable
for a wide variety of General Commercial uses which will be compatible with existing
commercial uses in the area.
(3) Recommendations from interested agencies and departments: No agencies
or departments submitted recommendations or comments in opposition to this rezone
application.
(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
Printing Press Properties, LLC 7
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
Comprehensive Plan and the intent of the Zoning Ordinance: The fact that the
proposed rezone complies with the goals and policies of the Comprehensive Plan and the
intent of the zoning ordinance is shown by the following factors
(a) The Comprehensive Plan. This rezone request is accompanied by a request
to change the Future Land Use Map for the subject parcels from Industnal to General
Commercial in order to accommodate the requested rezone of the parcel from Light
Industrial (M -1) to General Commercial (GC) 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 General Commercial
(GC) zoning classification. If the Comprehensive Plan designation of the parcel is
changed to General Commercial, that designation would support the requested rezone of
the parcel to General Commercial (GC) The General Commercial Future Land Use
designation is intended to provide a wide variety of commercial retail and service uses
that are heavily dependent on convenient vehicle access along major travel routes The
subject property has frontage on the major travel routes of Valley Mall Boulevard and
Longfibre Avenue The size and location of the property allows for development of a
wide variety of commercial and retail uses that are heavily dependent on convenient
vehicular access along major travel routes consistent with the General Commercial
Comprehensive Plan designation.
(b) The Zoning Ordinance. Subsection 15 03 020(K) of the City's Urban Area
Zoning Ordinance states that the purpose of the General Commercial (GC) zoning district
is to accommodate wholesale and retail activities with some high- density residential
development. This district is primarily located near and along major arterials A variety
of land uses are permitted, but the intensity of development is intended to be less than the
CBD district. The proposed rezone of this property consisting of about 21 acres with
access from Longfibre Avenue complies with the purpose of the GC zoning district. Any
new development on the subject parcels will have to comply with the development
standards in the GC zoning district. Those include structure setback standards in Table 5-
1 of Chapter 15 05, off - street parking standards in Table 6 -1 of Chapter 15 06,
sitescreenmg standards in Chapter 15 07, signage standards in Chapter 15 08 and other
applicable development standards in the Urban Area Zoning Ordinance and other
ordinances
Printing Press Properties, LLC 8
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
(5) The adequacy of public facilities such as roads, sewer, water and other
required public services: The subject property can be served by all necessary public
facilities to support General Commercial land uses The proposed rezone is an exempt
activity under the Transportation Capacity Management Ordinance, but any additional
future development of the site will require concurrency review if deemed necessary by
the City Traffic Engineer
(6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: The requested rezone and associated uses would be compatible
with neighboring land uses for the following reasons
(a) The proposed zone change is compatible with existing nearby industrial
uses because the current manufacturing that occurs in the neighborhood is light
manufacturing, and it occurs indoors with little outward appearance of activity It does
not emit any noise or odors that would have a negative impact on potential commercial
uses
(b) Neighboring commercial uses are now and will in the future be similar in
nature to the General Commercial uses allowed by General Commercial zoning due to
the similar types of land uses permitted by the City of Yakima and the City of Union Gap
zoning in the area.
(c) Even though traffic could very likely be more intense with commercial uses
than with industrial uses on the property, the street network in the area is well developed
and has substantial capacity for traffic increases to serve both industnal and commercial
uses in that area.
(7) The public need for the proposed change: The public need for the change
arises from the fact that large parcels of property zoned General Commercial with arterial
access do not exist in this part of the City of Yakima. This has resulted in some
businesses developing and /or relocating outside the city limits of Yakima. Additionally,
Printing Press Properties, LLC 9
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
r i
the City of Union Gap has already rezoned the property within this area Regional
Commercial. The Regional Commercial uses are similar to the City of Yakima's General
Commercial uses. To promote compatibility between the jurisdictions, approval of the
proposed rezone could benefit the public by contributing to the eventual establishment of
a regional shopping area that would provide the convenience of serving many of the
needs of the public at a single location.
VIII. Consistency of the Rezone with Development Regulations and with the
Comprehensive Plan under the Criteria Required by Subsection 16.06.020(B)
of the YMC is to be determined by consideration of the following factors
(1) The types of land uses permitted at the site listed for the City's General
Commercial (GC) zoning district are not consistent with the Comprehensive Plan's
current Industrial designation for the subject parcels. Those uses would be consistent
with the requested Comprehensive Plan designation amendment to General Commercial
if that amendment is ultimately approved.
(2) The density of residential development or the level of development such
as units per acre or other measures of density is not a factor weighing against this
rezone request. The 100% maximum lot coverage is the same for both the Light
Industrial and the General Commercial zoning districts Any future development would
have to comply with applicable GC zoning ordinance setback, sitescreening and other
standards which would promote compatibility of the development with neighboring uses
(3) The availability and adequacy of infrastructure and public facilities are
not an issue Public utilities can be extended onto the property by the developer Streets,
police protection, fire protection and transit services are already available and adequate
for General Commercial uses
(4) The characteristics of the development to be undertaken on the subject three
parcels would have to be consistent with the development standards applicable to the
General Commercial zoning district if the requested rezone is approved.
Printing Press Properties, LLC 10
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
CONCLUSIONS
Based on the foregoing Findings, the Examiner reaches the following Conclusions
(1) The Heanng Examiner has jurisdiction under Subsections 15.23 030(C) and
15.23 030(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 final Determination of Nonsigmficance
on July 16, 2010, which became final without any appeals being filed by July 30, 2010
(4) If the requested Comprehensive Plan amendment from Industrial to General
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 should be approved. If
the requested Comprehensive Plan amendment is not granted, the requested rezone would
not satisfy those criteria because the General Commercial (GC) 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 three parcels from the Light Industrial (M -1)
zoning district to the General Commercial (GC) zoning district as described in the
Printing Press Properties, LLC 11
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
i
documentation submitted for UAZO RZ #009 -10 and SEPA #016 -10 be APPROVED if,
and only if, the accompanying Comprehensive Plan amendment requested for the
property from Industrial to General Commercial is granted.
DATED this 27 day of August, 2010
Gary M he.__,,,..... llier, Hearing Examiner
Printing Press Properties, LLC 12
& William B Douglas
Rezone from M -1 to GC
2407 Longfibre Avenue
RZ #009 -10 and SEPA #016 -10
i 1
City of Yakima, Washington
Hearing Examiner's Recommendation
August 26, 2010
In the Matter of a Rezone Application )
Submitted by: )
)
Wide Hollow Development, LLC; ) RZ #010 -10
TM Rentals; UCIP, LLC; and )
Rainier Management, Inc. ) SEPA #017 -10
)
To Rezone 23 Parcels at the Northeast )
Corner of South 40 Avenue & West )
Washington Avenue from the Light )
Industrial (M -1) to the General )
Commercial (GC) Zoning District )
A. Introduction. The introductory findings relative to the open record public hearing
process for this application are as follows
(1) The Hearing Examiner conducted an open record public hearing on August
12, 2010
(2) The staff report presented by Associate Planner Jeff Peters recommended
approval of this application to rezone 23 parcels from the Light Industrial (M -1) to the
General Commercial (GC) zoning district. The rezoning of the property to GC would
make General Commercial uses such as the existing professional office complex use
located on most of the parcels a Class (1) use which is permitted outright on the property
Wide Hollow Development, LLC, TM Rentals, 1
UCIP, LLC, and Rainier Management, Inc.
Rezone from M -1 to GC
S 40 & W Washington Aves.
RZ #010 -10 and SEPA #017 -10
The zone change can only be approved if the related application for a Comprehensive
Plan designation amendment of the parcels from the Industrial to the General
Commercial designation is approved. (A proposed change in the name of the present
Comprehensive Plan Arterial Commercial designation to the General Commercial
designation will be recommended for adoption by the City Council in the near future )
(3) The City's Planning Commission will make a recommendation to the City
Council relative to approval of the requested Comprehensive Plan amendment. The
Hearing Examiner makes this recommendation to the City Council relative to approval of
the requested rezone Mr Peters recommends approval of both.
(4) The property owners' representative, Bill Hordan of Hordan Planning Services,
testified in favor of the requested rezone and indicated that the requested rezone would
allow the five remaining vacant parcels and the existing manufacturing uses on two of the
parcels to be developed with General Commercial uses without the need for Type (2) or
Type (3) review
(5) No one submitted written comments or testified in opposition to the rezone.
(6) This recommendation has been issued within ten business days of the hearing.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this rezone from the Light Industnal (M -1) to the General
Commercial (GC) zoning district if the Comprehensive Plan designation is changed from
the Industrial to the General Commercial designation.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on August 9, 2010, the information contained in the staff report, exhibits,
testimony and other evidence presented at an open record public hearing on August 12,
2010, and a review of the Yakima Urban Area Comprehensive Plan and the Yakima
Urban Area Zoning Ordinance, the Examiner makes the following
Wide Hollow Development, LLC, TM Rentals; 2
UCIP, LLC, and Rainier Management, Inc
Rezone from M -1 to GC
S. 40"' & W Washington Aves.
RZ #010 -10 and SEPA #017 -10
FINDINGS
I. Property Owners /Applicant. The application was submitted on behalf of the four
property owners (Wide Hollow Development, LLC, TM Rentals, UCIP, LLC, and
Rainier Management, Inc) by Bill Hordan of Hordan Planning Services, 410 North 2nd
Street, Yakima, Washington.
II. Location. The location of the requested rezone is on the northeast corner of the
intersection of South 40 Avenue and West Washington Avenue, Yakima, Washington.
The Assessor's tax parcel numbers for the properties are 181327 - 43003, 43004, 43005,
43006, 43007 and 43453, and 181334- 12006, 12011, 12014, 12015, 12016, 12019,
12020, 12022, 12024, 12025, 12026, 12027, 12028, 12029, 12030, 12031 and 12421
III. Application. The main aspects of this application may be summarized as follows.
(1) The subject 23 parcels comprising about 30 acres are located in the general
vicinity of the northeast corner of South 40 Avenue and West Washington Avenue The
area is zoned for industrial uses, but is occupied primarily by professional office uses
(2) City records indicate that the subject parcels have had a Comprehensive Plan
Map designation of Industnal, and a zoning classification of M -1 since 1986 On
December 29, 1998, Yakima County processed a Class (2) review application (CUP 98-
94 and SEP 98 -47) to allow a professional office building to be constructed at the
intersection of 40 and Washington Avenues It was approved on March 19, 1999
Following annexation of the subject parcels into the City of Yakima on June 6, 1999, the
Wide Hollow Development, LLC, TM Rentals; 3
UCIP, LLC, and Rainier Management, Inc
Rezone from M -1 to GC
S 40 & W Washington Ayes.
RZ #010 -10 and SEPA #017 -10
City received an application from Wide Hollow Development, LLC for a blanket Class
(2) review to permit professional offices on the subject parcels The approval of CL(2)
#21 -01 and the build -out of the subject parcels as professional offices effectively changed
the character of the area to that of a professional office complex.
(3) Six of the northern parcels abut Wide Hollow Creek which is designated as a
Critical Area Type II stream, with associated floodplam. The existing development upon
the subject parcels underwent a Critical Area Review which was approved on August 21,
2001, under file no CL(2) #21 -01 Due to the fact that the subject parcels have already
undergone appropriate environmental review, that the site is almost fully developed, and
that the submitted rezone and Comprehensive Plan map amendment applications do not
propose any new development, Critical Area review of the submitted applications is not
required at this time
(4) The subject parcels are served by all public utilities necessary for General
Commercial uses
IV. Notices. Notices of the open record public hearing of August 12, 2010, were
provided by the following methods
Mailing of notice to property owners within 500 feet. June 18, 2010
Publishing of notice in the Yakima Herald - Republic June 18, 2010
Posting of notice on the property June 24, 2010
V. State Environmental Policy Act. A final Determination of Nonsignificance
(DNS) was issued by the City of Yakima for this application on July 14, 2010, after a 20-
day comment period. The appeal period expired on July 28, 2010, without any appeals
VL Current Zoning, Comprehensive Plan Designations and Land Uses. The
subject parcels are currently zoned Light Industrial (M -1) and the Future Land Use Map
Wide Hollow Development, LLC, TM Rentals, 4
UCIP, LLC, and Rainier Management, Inc
Rezone from M -1 to GC
S. 40 W Washington Ayes.
RZ #010 -10 and SEPA #017 -10
designates the property as Industrial The property currently is primarily utilized for a
professional office complex. The characteristics of adjacent properties are
Location Zoning Comprehensive Plan Land Use
North R -1 Low Density Residential Residential
South AS General Commercial Airport
East M -1 Industrial Industrial
West AS Industrial Professional
Office /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 Jeff Peters and the
property owners' representative Bill Hordan of Hordan Planning Services 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
(2) The suitability of the parcels for uses permitted under the proposed
zoning: The fact that the subject parcels are suitable for uses permitted within the
General Commercial zoning district is shown by the following factors
(a) The fact that the professional office complex which is a Class (1) General
Commercial use has already been established on the property without any known
Wide Hollow Development, LLC, TM Rentals, 5
UCIP, LLC, and Rainier Management, Inc.
Rezone from M -1 to GC
S 40 & W Washington Ayes.
RZ #010 -10 and SEPA #017 -10
compatibility issues is strong evidence that the parcels are suitable for existing and future
General Commercial uses
(b) The wide variety of commercial uses allowed within the GC zoning district
as a Class (1) permitted use which do not require Type (2) or Type (3) review would be
compatible with nearby commercial and industrial uses and they would be separated from
residential uses to the north by the Wide Hollow Creek and dense vegetation and trees
along the creek. The Class (1) General Commercial uses include agricultural markets,
wineries and breweries resort/destination, retail, bowling alleys, exercise facilities,
miniature golf courses, movie theatres, auditoriums, exhibition halls, sports facilities
(indoor), funeral homes not associated with cemeteries /crematoriums, churches,
synagogues and temples, community center meeting halls, fraternal organizations,
daycare facilities (not home occupation) family in -home, daycare centers, police, fire
stations, ambulance services, libraries, museums, art galleries, schools elementary and
middle, business schools, vocational schools, group homes (six or fewer), adult family
homes, boarding houses, confectionery and related products (wholesale), printing trade
(service industries), sign manufacturing and product assembly; stockpiling of earthen
materials, existing or new detached single -family dwellings on existing lots of 8,000
square feet or less, mixed use buildings, retirement homes, addressing, mailing and
stenographic services, animal chnics/hospitals /veterinarians, antique stores, artist's
supplies, automotive automobile dealer new and used sales, weekend automobile and
recreational vehicle (RV) sales, car wash/detailing, parking lots and garages, maintenance
and repair shops, paint and body repair shops, parts and accessories (tires, batteries, etc ),
bail bonds, bakeries, beauty and barber shops, boats and marine accessories, books,
stationery, office supplies, butcher shops, camera stores, candy stores, clothing and
accessories, coin and stamp shops, commercial services, computer and electronic stores,
convenience stores closed 10.00 p.m. to 6 a.m., convenience stores open 10 p.m. to
6.00 a.m., delicatessens, department, discount, variety stores (25,000 sq ft or less),
department, discount, variety stores (25,001 sq ft or more), pet daycare /animal training;
drug stores (optical goods, orthopedic supplies), espresso /coffee stands, fabnc stores,
farm supplies, financial institutions, florists, food stores, specialty; furniture, home
furnishings, appliances, general hardware, garden equipment, and supplies (25,000 sq ft
or less), general hardware, garden equipment and supplies (25,001 sq ft or more), gift
shops, grocery stores (larger than 6,000 sq ft), heating and plumbing and electrical
equipment stores, jewelry, watches, silverware sales and repair; laundries, laundromats
Wide Hollow Development, LLC, TM Rentals; 6
UCIP, LLC; and Rainier Management, Inc
Rezone from M -1 to GC
S 40 & W Washington Aves.
RZ #010 -10 and SEPA #017 -10
and dry cleaning plants, liquor stores, lumber yards, massage therapy /spas, motels and
hotels, motorcycles sales /repair (including maintenance), music stores, nurseries, offices
call centers, contractor building and trade (plumbing, heating, electrical, painting),
government, professional (architects, attorneys, engineers, surveyors), medical and dental
laboratories, offices and clinics, service agencies (advertising, employment, insurance,
real estate, etc), paint, glass and wallpaper stores, pawn brokers, pet stores (pet supplies
and dog grooming), printing, photocopy services, radio /TV studios, rental heavy
equipment (except automotive) without storage; repairs small appliances, TVs, business
machines, watches, etc , repairs locksmiths and gunsmiths, repairs reupholstery and
furniture, repairs small engine and garden equipment; restaurants, cafes and drive -in
eating facilities, seamstresses, tailors, service stations closed between 10 p.m. and
6 00 a.m., service stations open between 10 p.m and 6 a.m., shoe repair and shoe
shine shops, signs, printed, painted or carved, sporting goods, bicycle shops, taverns,
bars, dance establishments, technical equipment sales, toy and hobby stores, truck
(large), manufactured home and travel trailer sales, video sales /rental, bus terminals,
contract truck hauling, rental of trucks with drivers, and wholesale trade
(c) The parcels are flat and are served with all urban utilities and facilities At
present the parcels are 75% built -out with professional office space which has proven to
be a suitable use for the parcels.
(d) Even though two of the parcels are used for manufacturing activities which
would become nonconforming uses as a result of the requested rezone, the property
owner intends to convert those uses into additional office space that will be permitted
outright by General Commercial zoning.
(e) The rezoning of the property to GC will make the zoning consistent with
the existing Class (1) General Commercial professional office complex use located on
most of the parcels It will also allow new General Commercial uses on the five vacant
parcels, replacement of existing manufacturing uses on two of the parcels and possible
future replacement of existing commercial uses on the developed parcels The new or
replacement uses could be enumerated Class (1) General Commercial uses permitted
outright or other General Commercial uses approved by Type (2) or Type (3) review
(3) Recommendations from interested agencies and departments: No agencies
or departments submitted comments in opposition to this rezone application.
Wide Hollow Development, LLC, TM Rentals; 7
UCIP, LLC, and Rainier Management, Inc.
Rezone from M -1 to GC
S 40`h & W Washington Aves.
RZ #010 -10 and SEPA #017 -10
(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: The fact that the
proposed rezone complies with the goals and policies of the Comprehensive Plan and the
intent of the zoning ordinance is shown by the following factors
(a) The Comprehensive Plan This rezone request is accompanied by a request
to change the Future Land Use Map for the subject parcels from Industrial to General
Commercial in order to accommodate the requested rezone of the parcels from Light
Industrial (M -1) to General Commercial (GC) 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 General Commercial
(GC) zoning classification. If the Comprehensive Plan designation of the parcels is
changed to General Commercial, that designation would support the requested rezone of
the parcels to General Commercial (GC) The General Commercial Future Land Use
designation is intended to provide a wide variety of commercial retail and service uses
that are heavily dependent on convenient vehicle access along major travel routes. The
subject parcels have access off of South 40 Avenue and are near West Washington
Avenue, both principal arterial streets Supporting Goals and Policies of the Yakima
Urban Area Comprehensive Plan 2025 include
(i) Goal 3 10 Provide wide variety of commercial retail and services
that are heavily dependent on convenient vehicle access and serve sections of the
urban area along major travel routes.
(ii) Policy 3 10 1 General Commercial uses and services that are
heavily dependent on convenient vehicle access shall be located along major travel
routes.
(in) Policy 3 10.2 Discourage new strip commercial development.
Strip commercial land uses shall only be allowed as infill of existing strip
commercial areas, and will not extend the existing strip commercial areas
(iv) Policy 3 10 3 Encourage the "infill" /new development within
existing commercial districts to share access and parking with adjacent
commercial development to minimize multiple curb cuts
Wide Hollow Development, LLC, TM Rentals, 8
UCIP, LLC, and Rainier Management, Inc
Rezone from M -1 to GC
S 40 & W Washington Aves.
RZ #010 -10 and SEPA #017 -10
(b) The Zoning Ordinance. Subsection 15 03 020(K) of the Urban Area
Zoning Ordinance states that the purpose of the General Commercial (GC) zoning district
is to accommodate wholesale and retail activities with some high - density residential
development. This district is primarily located near and along major arterials. A variety
of land uses is permitted, but the intensity of development is intended to be less than the
CBD district. Existing development consists of retail activities near the principal arterials
of South 40 Avenue and West Washington Avenue Any new development on the
subject parcels will have to comply with the development standards in the GC zoning
district. Those include structure setback standards in Table 5 -1 of Chapter 15 05, off -
street parking standards in Table 6 -1 of Chapter 15 06, sitescreening standards in Chapter
15 07, signage standards in Chapter 15 08 and other applicable development standards in
the Urban Area Zoning Ordinance and other ordinances.
(5) The adequacy of public facilities such as roads, sewer, water and other
required public services: The subject parcels are currently served by all necessary
public facilities to support General Commercial land uses The proposed rezone is an
exempt activity under the Transportation Capacity Management Ordinance, but any
additional future development of the site may require concurrency review if deemed
necessary by the City Traffic Engineer
(6) The compatibility of the proposed zone change and associated uses with
neighboring land uses: The requested rezone and associated uses would be compatible
with neighboring land uses for the following reasons
(a) The subject parcels are well buffered from adjoining uses, since the
property to the north lies across Wide Hollow Creek.
(b) The sides of the Creek are lined with heavy tree cover which provides
adequate sitescreening for residential uses on the north side of the creek.
(c) The required structural setbacks from the creek itself and the required
Critical Area setbacks define the limits of the development towards the creek.
Wide Hollow Development, LLC, TM Rentals; 9
UCIP, LLC, and Rainier Management, Inc
Rezone from M -1 to GC
S 40` & W Washington Aves.
RZ #010 -10 and SEPA #017 -10
(d) Other commercial development is located to the west across 40 Avenue, a
principal arterial street.
(e) The Yakima Air Terminal is located to the south across West Washington
Avenue, also a principal arterial street;
(f) Traffic and airport operations do not have a negative impact on this type of
development; and
(g) A small industrial development is located to the east of the subject
properties which generally is not negatively affected by commercial development/office
development.
(7) The public need for the proposed change: The requested change to the City
of Yakima's zoning map would make the existing uses on the property Class (1)
permitted uses rather than Class (2) uses previously approved by CL(2) #21 -01 It would
also dispense with the need for Type (2) or Type (3) review to locate similar commercial
uses on the five vacant parcels, to replace the manufacturing uses on two of the parcels
with similar commercial uses and to expand or replace the existing commercial uses with
similar commercial uses In view of the fact that the subject parecels have developed into
a business park rather than an industrial park, approval of the requested rezone would
provide the public and the property owners with the assurance that the property is
recognized as commercial property, is being used in accordance with its appropriate
General Commercial zoning classification and is governed by the review requirements of
that zoning district for the establishment of new or replacement uses.
VIII. Consistency of the Rezone with Development Regulations and with the
Comprehensive Plan under the Criteria Required by Subsection 16.06.020 (B)
Wide Hollow Development, LLC, TM Rentals; 10
UCIP, LLC, and Rainier Management, Inc.
Rezone from M -1 to GC
S 40''' & W Washington Aves.
RZ #010 -10 and SEPA #017 -10
of the YMC is to be determined by consideration of the following factors
(1) The types of land uses permitted at the site listed for the City's General
Commercial (GC) zoning district are not consistent with the Comprehensive Plan's
current Industrial designation for the subject parcels. Those uses would be consistent
with the requested Comprehensive Plan designation amendment to General Commercial
if that amendment 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. The 100% maximum lot coverage is the same for both the Light
Industrial and the General Commercial zoning districts. Any future development would
have to comply with applicable GC zoning ordinance setback, sitescreening and other
standards which promote the compatibility of the development with neighboring uses.
(3) The availability and adequacy of infrastructure and public facilities are
not an issue Infrastructure and public facilities are available and adequate to serve
General Commercial uses
(4) The characteristics of the development on the parcels that are currently
developed are consistent with GC development standards except for two parcels devoted
to manufacturing uses which will at some point likely be converted to commercial uses
Any new development on the subject parcels will have to be consistent with the
applicable GC development standards and regulations
CONCLUSIONS
Based on the foregoing Findings, the Examiner reaches the following
Conclusions
(1) The Hearing Examiner has jurisdiction under Subsections 15.23 030(C) and
15.23 030(E) of the UAZO to make a recommendation to the Yakima City Council
regarding this rezone application.
Wide Hollow Development, LLC, TM Rentals, 11
UCIP, LLC, and Rainier Management, Inc.
Rezone from M -1 to GC
S 40` & W Washington Aves.
RZ #010 -10 and SEPA #017 -10
(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 final Determination of Nonsignificance
on July 14, 2010, which became final without any appeals being filed
(4) If the requested Comprehensive Plan amendment from Industrial to General
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 should be approved If
the requested Comprehensive Plan amendment is not granted, the requested rezone would
not satisfy those criteria because the General Commercial (GC) zoning classification is
not supported by the current Industrial Comprehensive Plan designation for the subject
parcels.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that this
application for a rezone of the subject parcels from the Light Industrial (M -1) zoning
district to the General Commercial (GC) zoning district as described in the
documentation submitted for RZ #010 -10 and SEPA #017 -10 be APPROVED if, and
only if, the accompanying Comprehensive Plan amendment requested for the property
from Industrial to General Commercial is granted.
DATED this 26 day of August, 2010
/1 l.... L
Gary M. C uillier, Hearing Examiner
Wide Hollow Development, LLC, TM Rentals, 12
UCIP, LLC, and Rainier Management, Inc.
Rezone from M -1 to GC
S 40`'' & W Washington Aves.
RZ #010 -10 and SEPA #017 -10
EXHIBIT C
SHIELDS CPA #1 -10
THAT PORTION OF LOTS 13,14, AND 15, BLOCK 8, BROADWAY PARK ADDITION NO 2 TO
YAKIMA, AS RECORDED IN VOLUME "I" OF PLATS, PAGE 10, RECORDS OF YAKIMA
COUNTY WASHINGTON,
AND THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION
30, T 13N , RANGE 19 E. W M LYING EASTERLY OF BROADWAY PARK ADDITION NO 2
AND LYING WESTERLY OF THE RIGHT -OF -WAY LINE OF VACATED ROCK AVENUE, BY
ORDINANCE 99 -51, RECORDED UNDER AUDITOR'S FILE NO 7151493, EXCEPT RIGHT -
OF -WAY FOR NOB HILL BLVD , ALL LYING SOUTHERLY OF THE FOLLOWING DESCRIBED
LINE. BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
SECTION 30, T 13N , R. 19 E.W M , THENCE S 89° 28'40" E, ALONG THE SOUTH LINE OF
SAID SUBDIVISION 990 80 FEET, THENCE N 0° 08' 49" E 187 97 FEET, THENCE S 89° 43'
06" 30 00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE,
THENCE CONTINUING S 89° 43' 00" E 119 40 FEET, THENCE SOUTH 0° 54' 00" W 22.50
FEET, THENCE N 89V 47' 00" E 38 70 FEET, THENCE N 0° 01' 00" E 16 00 FEET, THENCE N O
89V 13' 00" E 157 52 FEET TO THE WESTERLY RIGHT -OF -WAY LINE OF THE VACATED
ROCK AVENUE.
EXHIBIT D
NULPH CPA #2 -10
LOT 1 OF SHORT PLAT, RECORDED IN BOOK "P" OF SHORT PLATS, PAGE 95, UNDER
AUDITOR'S FILE NO 2522032, RECORDS OF YAKIMA COUNTY, WASHINGTON, EXCEPT
THE WEST 5 FEET FOR ROAD AS CONVEYED UNDER AUDITOR'S FILE NO 2904938
EXHIBIT E
BLAIR CPA #3 -10
LOT 1 OF SHORT PLAT 82 -28 EXCEPT THE SOUTH 10 FEET FOR ROAD RIGHT -OF -WAY
EXHIBIT F
TAYLOR CPA #4 -10
THE WEST HALF OF LOT 3 OF THE PLAT OF BROADWAY -LENOX ADDITION NO 2, AS
RECORDED IN BOOK "K" OF PLATS, PAGE 25, RECORDS OF YAKIMA COUNTY,
WASHINGTON
EXHIBIT G
EID CPA #6 -10
LOTS 5 AND 6 OF THE PLAT OF VALLEY ADDITION NUMBER 1, AS RECORDED IN BOOK
"H" OF PLATS, PAGE 36, RECORDS OF YAKIMA COUNTY, WASHINGTON, EXCEPT THE
NORTH 200 FEET OF SAID LOTS
EXHIBIT H
PRINTING PRESS CPA #7 -10
THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL A LYING WITHIN THE WEST 70
FEET OF THE NORTHEAST % OF THE SOUTHWEST % OF THE SOUTHEAST % OF
SECTION 31, TOWNSHIP 13 NORTH, RANGE 19 EAST, W M'
PARCEL A
THAT PART OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST 1 /4 OF
SECTION 31, TOWNSHIP 13 NORTH, RANGE 19 EAST, W M , DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST Y4 OF THE SOUTHWEST
1/4 OF THE SOUTHEAST 1 /4 OF SAID SECTION, THENCE SOUTH 20° 20' EAST PARALLEL
WITH THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF THE UNION PACIFIC RAILWAY CO ,
690 96 FEET, THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4 SOUTHEAST 1/4 OF SAID SECTION, 998 44 FEET
TO THE SAID RIGHT -OF -WAY LINE OF SAID RAILROAD; THENCE NORTH 20° 20' WEST
ALONG SAID RIGHT -OF -WAY LINE 690 96 FEET TO THE NORTH LINE OF SAID
SUBDIVISION, THENCE WESTERLY ALONG SAID NORTH LINE 998 44 FEET TO THE POINT
OF BEGINNING
SITUATE IN YAKIMA COUNTY, WASHINGTON
EXHIBIT 1
WIDE HOLLOW DEVELOPMENT CPA #8 -10
181327 -43003
SECTION 27 TOWNSHIP 13 RANGE 18 QUARTER SE. BEGINNING S 00° 14' 10" W 104 63 FT
THENCE S 89° 45' 50" E 267 09 FT, THENCE ON CURVE TO R WITH DELTA ANGLELE OF
44° 00' 00" AND A RADIUS OF 100 FT, THENCE S 44° 45' 50" E 131 86 FT, THENCE ON A
CURVE TO L WITH DELTA ANGLE OF 30° 04' 47" AND A RADIUS OF 100 FT A DISTANCE
OF 52 50 FT, THENCE N 421 FT M/L TO CEN OF WIDE HOLLOW CREEK AND TRUE
POB,CURVE TO L WITH A DELTA ANGLE OF 14° 19' 41" AND A RADIUS OF 100 FT A
DISTANCE OF 25 01 FT, THENCE S 89° 45' 50" E 193.25 FT, THENCE N 00° 14' 10" E 222.32
FT, THENCE ON CURVE TO R WITH DELTA ANGLE OF 21 °OF 75 FT A DISTANCE OF 28 69
THENCE , THENCE N 29° 57' 54" W 213 FT M/L TO CEN WIDE HOLLW CREEK, THENCE
S'LY, E'LY AND N'LY AL SD CREEK CENTER LINE TO TRUE POB
181327 -43004
SECTION 27 TOWNSHIP 13 RANGE 18 QUARTER SE. BEGINNING S 00° 14' 10" W 104 63 FT
THENCE S 89° 45' 50" E 267 09 FT, THENCE ON CURVE TO R WITH DELTA ANGLELE OF
45° 00' 00" AND A RADIUS OF 100 FTTHENCE S 44° 45' 50" E 131 86 FT, THENCE ON A
CURVE TO L WITH DELTA ANGLE OF 44° 24' 28" AND A RADIUS OF 100 FT A DISTANCE
OF 77 51 FT, THENCE S 89° 45' 50" E 193 25 FT, THENCE N 00° 14' 10" E 222.32 FT, TDELTA
ANGLE OF 21° 54' 52" AND A RADIUS OF 75 FT A DISTANCE OF 28 69 FT, THENCE N 29°
57' 54" W 213 FT M/L TO CEN WIDE HOLLW CREEK AND TRUE POB THENCE S 29° 57' 54"
E 213 FT, THENCE ON CURVE TO R WI15' 54" AND RADIUS OF 75 FT AD DISTANCE OF
88 05 FT, THENCE N 89° 24' 55" E 38 66 FT, THENCE N 00° 35' 05" W 301 FT, THENCE S 89°
25' 21" E 117 65 FT TO CEN WIDE HOLLOW CREEK, THENCE SE'LY AL SD CENTER LINE
TO LOT 4
181327 -43005
SECTION 27 TOWNSHIP 13 RANGE 18 QUARTER SE. BEGINNING S 00° 14' 10" W 104 63 FT
THENCE S 89° 45' 50" E 267 09 FT, THENCE ON CURVE TO R WITH DELTA ANGLELE OF
45° 00' 00" AND A RADIUS OF 100 FTTHENCE S 44° 45' 50" E 131 86 FT, THENCE ON A
CURVE TO L WITH DELTA ANGLE OF 44° 24' 28" AND A RADIUS OF 100 FT A DISTANCE
OF 77 51 FT, THENCE S 89° 45' 50" E 193.25 FT, THENCE N 00° 14' 10" E 222.32 FTWITH
DELTA ANGLE OF 89° 10' 46" AND A RADIUS OF 75 FT, THENCE N 89° 24' 55" E 38 66 FT
TO TRUE POB THENCE N 00° 35' 05" W 301 FT, THENCE N 89° 25' 21" E 116 74 FT,
THENCE S 61° 38' 40" E 39.25 F312.43 FT, THENCE S 89° 24' 55" W 124 30 FT, THENCE N
00° 05' 40" E 30 FT, THENCE S 89° 24' 55" W 81 05 FT TO TRUE POB
181327 -43006
SECTION 27 TOWNSHIP 13 RANGE 18 QUARTER SE. BEGINNING S 00° 14' 10" W 104 63 FT
THENCE S 89° 45' 50" E 267 09 FT, THENCE ON CURVE TO R WITH DELTA ANGLELE OF
45° 00' 00" AND A RADIUS OF 100 FTTHENCE S 44° 45' 50" E 131 86 FT, THENCE ON A
CURVE TO L WITH DELTA ANGLE OF 44° 24' 28" AND A RADIUS OF 100 FT A DISTANCE
OF 77 51 FT, THENCE S 89° 45' 50" E 193.25 FT, THENCE N 00° 14' 10" E 222 32 FT, TDELTA
ANGLE OF 89° 10' 46" AND A RADIUS OF 75 FT A DISTANCE OF 116 74 FT, THENCE N 89°
24' 55" E 119 71 FT, THENCE S 00° 05' 40" W 30 FT, THENCE N 89° 24' 55" E 124 30 FT TO
TRUE POB THENCE N 89° 200° 35' 05" W 244 69 FT, THENCE N 61° 38' 40" W 91 42 FT,
THENCE S 00° 35' 05" E 312.43 FT TO TRUE POB
181327 -43007
SECTION 27 TOWNSHIP 13 RANGE 18 QUARTER SE. BEGINNING S1/4 CORNER, THENCE
S 0 °14'10 "W 104 63 FT, THENCE S 89 °45'50 "E 50 FT, THENCE N 0 °08'06 "E 304 FT M/L TO
CENTER LINE OF WIDE HOLLOW CREEK & TRUE POB,FT, THENCE S 89 °45'50 "E 207 09
FT, THENCE CURVEE TO TR RADIUS100 FT DELTA 45 °00'00" LENGH 78 54 FT, THENCE S
44 °45'50 "E 131 86 FT, THENCE CURVEE TO LT RADIUS100 FT DELTA 30 °04'47" LENGH
52.5 FT, THENCE N 0° 04CENTER LINE OF WIDE HOLLOW CREEK, THENCE NW'LY AL SD
CREEK CENTER LINE TO TRUE POB
181327 -43453
WILLOW PARK. BEGINNING SE CORNER TRACT "B ", THENCE S 89 °59 "W 348 33
FT,THENCE N 271 17 FT,THENCE S 62 °12'45 "E 61.25 FT,THENCE S 63 °42'E 97 52
FT,THENCE S 79 °48'15 "E 108 92 FT,THENCE S 86 °08'45 "E 113 FT,THENCE S 04 °21'45" W
POB
181334 -12006
SECTION 34 TOWNSHIP 13 RANGE 18 THENCE PT NE1 /4 LY N OF WASH AVE. EX E
17475 FT EXW675FT &EXN815FTEXS10FT CITY RDR/W
181334 -12011
BEGINNING 139 63 FT S 14'10 "W & 50 FT S 89 °45'50 "E OF NW CORNER OF NE1 /4, THENCE
S 89 °45'50 "E 214 16 FT, THENCE CURVE TO RT RADIUS65 FT CENT ANGLEL 14 °51'32"
LNG 16 86 FT, THENCE S 14'10 "W 289 83 FT, THENCE N 89 °THENCE N 14'10 "E 292 FT TO
POB
181334 -12014
BEGINNING NE CORNER NE1 /4, THENCE W AL N LN OF NE1 /4 1,747 75 FT, THENCE S
0 °05'40 "W 289 82 FT TO TRUE POB, THENCE S 89 °24'55 "W 164 44 FT, THENCE S 0 °14'19 "W
136 55 FT, THENCE N 89 °24'55 "E 164 78 FT, THENCE N 0 °57' TRUE POB
181334 -12015
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING NE CORNER, THENCE
W AL N LN OF NE 1/4 1747 45 FT, THENCE S 0 °05'40 "W 146 01 FT TO TRUE POB, THENCE
S 0 °05'40 "W 146 01 FT, THENCE S 89 °24'55 "W 164 44146 02 FT, THENCE N 89 °24'55 "E
164 07 FT TO TRUE POB
181334 -12016
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING 1747 45 FT OF NE
CORNER, THENCE S 0 °05'40 "W 146 01 FT, S 89 °24'55 "W 164 07 FT, THENCE N 0 °14'10 "E
101 66 FT, THENCE CURVEE TO RT RADIUS 45 FT CEN A70 04 FT TO N LN NE1 /4, THENCE
N 89 °24'55 "E 119 35 FT TO POB
181334 -12019
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING NW CORNER NE1 /4,
THENCE N 89 °24'55 "E 433 04 FT, THENCE S 0 °14'10 "W 437 84 FT TO TRUE POB, THENCE
S 89 °45'50 "E 252 FT, THENCE S 0 °14'10 "W 92 72 FT,FT CENTL ANGLELE 90° LENGTHENCE
117 81 FT, THENCE N 89 °45'50 "W 64 32 FT, THENCE CURVE LT RADIUS100 FT CENTL
ANGLE 90° LENGTHENCE 78 54 FT, THENCE S 45 °14'10 "W 59 35 FT, THENCE N 0 °14'10 "E
238 98 FT TO TRUE P 0 B
181334 -12020
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING NE CORNER NE1 /4,
THENCE S 89 °24'55 "W 1941 59 FT, THENCE S 0 °14'10 "W 266.26 FT TO TRUE POB, THENCE
N 89 °45'50 "W 193.25 FT, THENCE CURVEE TO RT RADIUSIODELTA34 °58'40"
LENGTHENCE62 79 FT, THENCE S 0 °14'10 "W 194.26 FT, THENCE S 89 °45'50 "E 252 FT,
THENCE N 0 °14'10 "E 175 19 FT TO TRUE POB
181334 -12022
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING NW CORNER NE1 /4,
THENCE S 0 °14'10 "W 104 63 FT, THENCE S 89 °45 50 "E 257 09 FT, THENCE CURVE TO RT
RADIUS 100 FT DELTAI3 °43'59 ", THENCE 23 91 FT TO TRU POB 0 °14'10 "W 341 14 FT,
THENCE S 89 °45'50 "E 152.17 FT, THENCE N 0 °14'10 "E 211.26 FT, THENCE CURVE TO RT
RADIUS100 FT DELTA09 °01'20" LENGTH, THENCE 15 73 FT, THENCE N 44 °45'50 "W 131 86
FT, THENCE CORNERVE TO LT RADIUS 100 LENGTH, THENCE 53 9 FT TO TRUE POB
181334 -12024
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING S 00° 14' 10" W 723 09
FT AND S 89° 45' 50" E 280 83 FT FROM N1/4 CORNER, THENCE S 89° 45' 50" E 58 26 FT,
THENCE ON A CURVEE TO THENCE E L WI00' 00" AND RADIUS OF 100 FT A DISTANCE OF
78 54 FT, THENCE N 45° 14' 10" E 32.81 FT, THENCE N 00° 14' 10" E 221 98 FT, THENCE N
89° 45' 50" W 152.17 FT, THENCE S 00° 14' 10" 274 46 FT TO POB
181334 -12025
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING S 00° 14' 10" W 527 86
FT AND S 89° 45' 50" E 50 FT FROM N1/4 CORNER, THENCE S 89° 45' 50" E 230 83 FT,
THENCE N 00° 14' 10" E 96.23 FW 230 83 FT, THENCE S 00° 14' 10" W 96.23 FT TO POB
181334 -12026
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING S 00° 14' 10" W 527 86
FT AND S 89° 45' 50" E 50 FT FROM N1/4 CORNER, THENCE S 89° 45' 50" E 230 83 FT,
THENCE S 00° 14' 10" E 96.23 FT230 83 FT, THENCE S 00° 14' 10" W 96.23 FT TO POB
181334 -12028
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING S 00° 14' 10" W 917 89
FT AND S 89° 45' 50" E 50 FT FROM N1/4 CORNER, THENCE S 89° 45' 50" E 227 80 FT,
THENCE S 00° 14' 10" E 199 05" W 226 80 FT, THENCE N 61° 27' 50" W 16 41 FT, THENCE N
00° 08' 06" E TO POB
181334 -12029
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING S 00° 14' 10" W 104 63
FT THENCE S 89° 45' 50" E 257 09 FT, THENCE ON A CURVE TO R WITH DELTA ANGLE OF
13° 43' 59" AND A RADIUS OF 100TO PT "A" AND TRUE POB, THENCE ON A CURVEE TO L
WITH DELTA ANGLE OF 13° 43' 59" AND A RADIUS OF 100 FT A DISTANCE OF 23 97 FT,
THENCE N 89° 45' 50" E 257 09 FT , THENCE S 00° 08' 06" W 44 FT, THENCE S100 45 FT,
THENCE N 85° 29' 13" E 73 03 FT, THENCE S 89° 45' 50" E 33 86 FT, THENCE ON CURVE
TO R WITH DELTA ANGLE 22° 30' 48" AND RADIUS OF 100 FT A DISTANCE OF 52.50 FT,
THENCE N00° 14' 10" E TO TRUE POB
181334 -12030
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING N1/4 CORNER, THENCE
S 00° 14' 10" W 723 09 FT, THENCE S 89° 45' 50" E 339 09 FT, THENCE ON A CURVE TO L
WITH A DELTA ANGLE OF 45° 00' 00" ANDOF 78 54 FT, THENCE S 89° 45' 50" E 92 16 FT,
THENCE ON A CURVE TO R WITH A DELTA ANGLE OF 45° 00' 00" AND RADIUS OF 100 FT
A DISTANCE OF 78 54 FT, THENCE S 89° 45' 50" E 64 32 FT TO TRUE POB, THENCE S 00 °S
89° 45' 50" E 270.28 FT, THENCE N 00° 05' 40" E 211 91 FT, THENCE S 89° 24' 55" W 194 78
FT, THENCE S 00° 14' 10" W 92.72 FT, THENCE ON A CURVE TO R WITH A DELTA ANGLE
OF 90° 00' 00" AND RADIUS OF 7117 81 FT TO TRUE POB
181334 -12031
SECTION 34 TOWNSHIP 13 RANGE 18 QUARTER NE. BEGINNING S 00° 14' 10" W 723 09
FT AND S 89° 45' 50" E 280 83 FT FROM N1/4 CORNER, THENCE N 89° 45' 50" W 58.26 FT,
THENCE ON A CURVE TO L WIT 00' 00" AND RADIUS OF 100 FT A DISTANCE OF 78 54 FT,
THENCE S 89° 45' 50" E 92.16 FT, THENCE ON A CURVE TO R WITH A DELTA ANGLE OF
45° 00' 00" AND RADIUS OF 100 FT A DISTANCE OF 78 54 FT, THENCE S 89° 45' 50" E00°
14' 10" W 30 FT, THENCE N 89° 45' 50" W 64 32 FT, THENCE ON A CURVE TO L WITH A
DELTA ANGLE OF 45° 00' 00" AND RADIUS OF 70 FT A DISTANCE OF 54 98 FT, THENCE S
45° 14' 10" W 92.16 FT, THENCE ON A CURVE TOF 45° 00' 00" AND RADIUS OF 130 FT A
DISTANCE OF 102.10 FT, THENCE N 89° 45' 50" W 61.26 FT, THENCE N 00° 14'10" E 30 FT
TO POB
181334 -12421
SECTION 34 TOWNSHIP 13 RANGE 18 BEGINNING SE CORNER OF LOT 1 OF SP 88105,
THENCE N 08'30 "E 403 86, THENCE N 89 °19'13 "E 205 73 FT, THENCE N 05'40 "E 173 11 FT,
THENCE N 89 °45'50 "W 334 6 FT, THENCE CURVE LANGLE 45 °00' LNG 54 98 FT, THENCE S
45 °14'10 "W 92.16 FT, THENCE CURVE RT RADIUS 130 FT CEN ANGLE 45 °00' LNG 102 1 FT,
THENCE N 89 °45'50 "W 61.29 FT, THENCE S 14'10 "W 364 53 FT, THENCE E'LY AL S LN OF
SD LOT 1 TO R/W
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
• AGENDA STATEMENT
Item No g
For Meeting of November 2, 2010
ITEM TITLE Closed Record Public Hearing and consideration of an Ordinance on the 2010
Comprehensive Plan Map and Zoning Amendment Applications
SUBMITTED BY Michael A. Morales, Director of Community and Economic Development
CONTACT PERSON /TELEPHONE Bruce Benson, Supervising Planner, 575 -6042
SUMMARY EXPLANATION The procedures set forth within state law and local ordinance
concerning the annual review of Comprehensive Plan and rezone applications have been
completed You have received the written recommendations of both the Planning Commission
and Hearing Examiner which you are now requested to review in the context of this closed
record public hearing Should your concerns have been adequately addressed an ordinance
effecting these amendments is herein provided for your consideration of adoption
Resolution Ordinance X Other
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL. City Manager
STAFF RECOMMENDATION Accept the recommendations of both the Planning Commission
and the Hearing Examiner and adopt the accompanying ordinance
BOARD /COMMISSION RECOMMENDATION Both the Planning Commission and the
Hearing Examiner have recommended their approval of the seven 2010 Comprehensive Plan
and zoning amendment applications
COUNCIL ACTION
•