Loading...
HomeMy WebLinkAbout2008-009 2007 Comprehensive Plan Amendments Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title Ordinance No. 2008 -09 2007 Comprehensive Plan amendments and Ordinance amending the Future Land Use Map of the Yakima Urban Area Comprehensive Plan Grantor City of Yakima Grantee The public LEGAL DESCRIPTION: EXHIBIT B: Parcel No. 181333 -32403 Section 33 Township 13 Range 18. Lot 1 SP 80 173 EX N 15 FT CO RD RMI Parcel No. 181333 -32404 Section 33 Township 13 Range 18 SP 80 173 Lot 2 Parcel No. 181333 -32405 Section 33 Township 13 Range 18 SP 80 173 Lot 3 See pages 40, 41, 42, 43 & 44 for remaining legal descriptions for EXHIBITS C through J PARCEL NUMBERS: 181333- 32403, 181333- 32404, 181333- 32405, 181325- 14410; 181325 - 14405, 191330- 13004, 181321 - 41001, 191319 - 43508, 191319- 43509; 191319 - 43510; 181321- 34003, 181322 -32023 181314- 42411, 181314- 42413, 181314- 42440; 181336- 24017, 181336 - 24031, 181336- 24032, 181336- 24033, 181336 -24034 7606034 Page 1 of 44 1111 t 0ak0 11 19A I CITY OF YAKIMA PLANNING v , i �OR' - 85 GG Yakima 11 i t ORDINANCE NO. 2008 -09 AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the Yakima Urban Area Comprehensive Plan as follows. changing the classification of the property located at the SE Corner of 64 Avenue & Washington Avenue (parcel no 181333 - 32403, 32404, and 32405) from Low Density Residential to Arterial Commercial changing the classification of the properties located at 1015 S 5 Avenue & vicinity of S 5 Avenue & W Nob Hill Boulevard (parcel no 181325 - 14405, 14410) from Low Density Residential to Neighborhood Commercial; and changing the classification of the property located at 1214 -1230 S First Street (parcel no 191330 - 13004) from Industrial to Arterial Commercial; and changing the classification of the property located at 4906 Summitview Avenue (parcel no 181321 - 41001) from Low Density Residential on the southern portion of the parcel to High Density Residential, and from Low Density Residential on the northern portion of the parcel to Neighborhood Commercial, and changing the classification of the property located at 716, 718 S 6th Street and 507 E. Adams Street (parcel no 191319 - 43508, 43509, 43510) from Low Density Residential to Neighborhood Commercial, and changing the classification of the property located at 5609 Tieton Drive (pa•cel no 181321 - 34003) from Low Density Residential on the northern portion of the parcel to Neighborhood Commercial; and changing the classification of the property located at 4600 Summitview Avenue (parcel no 181322 - 32023) from Low Density Residential to Neighborhood Commercial; and changing the classification of the property located at 2013, 2015 Willow Street and 2018 Fruitvale Boulevard (parcel no 181314- 42411, 42413, 42440) from Medium Density Residential to Arterial Commercial, and changing the classification of property located at 1007, 1009, 1101, 1103 and 1105 W Washington Avenue (parcel no 181336- 24017, 24031, 24032, 24033, and 24034) from Medium Density Residential to Neighborhood 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 rT, -- - - I "flbr -- -- I - 7606034 Page P of 44 04/3/2008 11 19A CITY OF YAKIMA PLANNING FORD $85 00 Yakima Co, WA - — — — — — 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, Walter & Virginia Mick has submitted an application requesting that the classification of the property located at the SE Comer of 64 Avenue & Washington Avenue (parcel no 181333 - 32403, 32404, and 32405) from Low Density Residential to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #1 -07 "), and WHEREAS, The Noel Corporation, has submitted an application requesting that the classification of the properties located at 1015 S 5th Avenue & vicinity of S 5th Avenue & W Nob Hill Boulevard (parcel no 181325 - 14405, 14410) from Low Density Residential to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #2 -07 "), and WHEREAS, Linc Properties /Brashen Yakima, LLC , has submitted an application requesting that the classification of the property located at 1214 -1230 S First Street (parcel no 191330 - 13004) from Industrial to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #3 -07 ") and WHEREAS, Roy Johnson, has submitted an application requesting that the classification of the property located at 4906 Summitview Avenue (parcel no 181321 - 41001) from Low Density Residential on the southern portion of the parcel to High Density Residential, and from Low Density Residential on the northern portion of the parcel to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #4 -07 ") and WHEREAS, A &N Investment & Rental Properties, LLC, has submitted an application requesting that the classification of the property located at 716, 718 S 6 Street and 507 E. Adams Street (parcel no 191319 - 43508, 43509, 43510) from Low Density Residential to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #5 -07 ") and WHEREAS, James L D Thomas, has submitted an application requesting that the classification of the property located at 5609 Tieton Drive (parcel no 181321 - 34003) from Low Density Residential on the northern portion of the parcel to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #6 -07 ") and WHEREAS, Summit Crest Construction, has submitted an application requesting that the classification of the property located at 4600 Summitview Avenue (parcel no 181322- 32023) from Low Density Residential to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #7 -07 ") and WHEREAS, Des Mathis, has submitted an application requesting that the classification of the property located at 2013, 2015 Willow Street and 2018 Fruitvale Boulevard (parcel no 181314- 42411, 42413, 42440) from Medium Density Residential to Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #8 -07") and 704 Page 606 3 of 04'0312008 3 1 1 44 19A CITY OF YAkIM liORD $85 00 Yakima Co, WA R PLANNING , ,; _r � __, WHEREAS, Bill Chichenoff et al, has submitted an application requesting that the classification of the property located at 1007, 1009, 1101, 1103 and 1105 W Washington Avenue (parcel no 181336- 24017, 24031, 24032, 24033, and 24034) from Medium Density Residential to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #9 -07 ") and WHEREAS, Yakima Temple Building Association /Michael Kim, has submitted an application requesting that the classification of the property located at 2412 & 2506 W Mead Avenue (parcel no 181335 - 21456, 21457) from Low Density Residential to High Density Residential on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #10 -07 ") and WHEREAS, in accordance with YMC Chapter 1610, the Regional 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 Regional Planning Commission made a recommendation to a joint meeting of the City Council and Yakima County Commissioners that the requested comprehensive plan amendments described above be approved with the exception of CPA #10 -07 which was denied, and WHEREAS, pursuant to YMC 16 10 090, on Month Day, Year, a public hearing regarding the requested comprehensive plan amendments described above was held before a joint meeting of the City Council and Yakima County Commissioners, and City Council directed City staff to prepare appropriate legislation to approve the requested comprehensive plan amendments, and WHEREAS, it is in the best interests of the City to enact the following to approve the requested comprehensive plan 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 January 9, 2008, findings, conclusions and recommendations of the Regional Planning Commission for CPA #1 -07, CPA #2 -07, CPA #3 -07, CPA #4 -07, CPA #5 -07, CPA #6 -07, CPA #7 -07, CPA #8 -07, CPA #9 -07 and CPA #10 -07 A copy of said recommendations is attached as Exhibit A and is incorporated herein by this reference Section 2. Regarding CPA #1 -07 and the subject property, the legal description of which is attached to this ordinance as Exhibit B, which is incorporated by reference in this ordinance, the City Council finds as follows. a The subject property is suitable to be classified as Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan, b The requested Comprehensive Plan Amendment would better implement relevant Comprehensive Plan policies pertaining to the establishment of retail and /or personal service establishments to serve the variety of new residential, commercial and industrial developments underway or planned in the surrounding neighborhood; I 11 II II III III II I I 11 7606034 Page 4 of 44 04/03/2008 11 19A CITY OF YAKIMA PLANNING IORD $85 00 Yakima Co, WA c. The requested Comprehensive Plan Amendment is consistent with and complies with • The requirements and considerations set forth in Yakima Municipal Code Chapter 16 10; • The goals and policies of the Yakima Urban Area Comprehensive Plan, • The Growth Management Act, RCW Chapter 37 7OA, and the Yakima County Wide Planning Policy (CWPP), d. The cumulative impacts of this request together with all previous Comprehensive Plan Amendments have been considered and support the requested amendment. Section 3. Regarding CPA #2 -07 and the subject property, the legal description of which is attached to this ordinance as Exhibit C, which is incorporated by reference in this ordinance, the City Council finds as follows a. The subject property is suitable to be classified as Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan, b The requested Comprehensive Plan Amendment would better implement relevant Comprehensive Plan policies pertaining to the provision of small scale, neighborhood convenience commercial uses and services primarily for residences of adjacent neighborhoods, c. The requested Comprehensive Plan Amendment is consistent with and complies with • The requirements and considerations set forth in Yakima Municipal Code Chapter 16 10; • The goals and policies of the Yakima Urban Area Comprehensive Plan, • The Growth Management Act, RCW Chapter 37 7OA, and the Yakima County Wide Planning Policy (CWPP), d The cumulative impacts of this request together with all previous Comprehensive Plan Amendments have been considered and support the requested amendment. Section 4. Regarding CPA #3 -07 and the subject property, the legal description of which is attached to this ordinance as Exhibit D, which is incorporated by reference in this ordinance, the City Council finds as follows a. The subject property is suitable to be classified as Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan, b Circumstances have changed since the property was classified as Industrial which now make the requested Comprehensive Plan Amendment appropriate, c. The requested Comprehensive Plan Amendment is consistent with and complies with • The requirements and considerations set forth in Yakima Municipal Code Chapter 16 10; • The goals and policies of the Yakima Urban Area Comprehensive Plan, • The Growth Management Act, RCW Chapter 37 7OA, and the Yakima County Wide Planning Policy .(CWPP), \\ Page 5 of 44 7606034 04/03/2008 11 19A CITY OF YRKIMA PLANNING 11111111111111111111111 Yakima Co, WR d The cumulative impacts of this request together with all previous Comprehensive Plan Amendments have been considered and support the requested amendment. Section 5. Regarding CPA #4 -07 and the subject property, the legal description of which is attached to this ordinance as Exhibit E, which is incorporated by reference in this ordinance, the City Council finds as follows. a. The subject property is suitable to be classified as High Density Residential on the southern portion of the property, and Neighborhood Commercial on the northern portion of the property on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan, b Circumstances have changed since the property was classified as Suburban Residential which now makes the requested Comprehensive Plan Amendment appropriate, c. The requested Comprehensive Plan Amendment is consistent with and complies with. • The requirements and considerations set forth in Yakima Municipal Code Chapter 16 10; • The goals and policies of the Yakima Urban Area Comprehensive Plan, • The Growth Management Act, RCW Chapter 37 70A, and the Yakima County Wide Planning Policy (CWPP), d The cumulative impacts of this request together with all previous Comprehensive Plan Amendments have been considered and support the requested amendment. Section 6. Regarding CPA #5 -07 and the subject property, the legal description of which is attached to this ordinance as Exhibit F, which is incorporated by reference in this ordinance, the City Council finds as follows a. The subject property is suitable to be classified as Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan, b Circumstances have changed since the property was classified as Low Density Residential which now makes the requested Comprehensive Plan Amendment appropriate, c. The requested Comprehensive Plan Amendment is consistent with and complies with. • The requirements and considerations set forth in Yakima Municipal Code Chapter 16 10; • The goals and policies of the Yakima Urban Area Comprehensive Plan, • The Growth Management Act, RCW Chapter 37 70A, and the Yakima County Wide Planning Policy (CWPP), e The cumulative impacts of this request together with all previous Comprehensive Plan Amendments have been considered and support the requested amendment. Section 7. Regarding CPA #6 -07 and the subject property, the legal description of which is attached to this ordinance as Exhibit G, which is incorporated by reference in this ordinance, the City Council finds as follows. 7606034 Page 6 of 44 04%3/2068 11 19A C ITY OF YRKIMR PLANNING i 1I1ORO $85 00 Yakima Co, WA a The subject property is suitable to be classified as Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan, b Circumstances have changed since the property was classified as Medium Density Residential which now makes the requested Comprehensive Plan Amendment appropriate, c. The requested Comprehensive Plan Amendment is consistent with and complies with • The requirements and considerations set forth in Yakima Municipal Code Chapter 16 10; • The goals and policies of the Yakima Urban Area Comprehensive Plan, • The Growth Management Act, RCW Chapter 37 70A, and the Yakima County Wide Planning Policy (CWPP), d The cumulative impacts of this request together with all previous Comprehensive Plan Amendments have been considered and support the requested amendment. Section 8 Regarding CPA #7 -07 and the subject property, the legal description of which is attached to this ordinance as Exhibit H, which is incorporated by reference in this ordinance, the City Council finds as follows a. The subject property is suitable to be classified as Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan, b. Circumstances have changed since the property was classified as Low Density Residential which now makes the requested Comprehensive Plan Amendment appropriate, c. The requested Comprehensive Plan Amendment is consistent with and complies with. • The requirements and considerations set forth in Yakima Municipal Code Chapter 16 10; • The goals and policies of the Yakima Urban Area Comprehensive Plan, • The Growth Management Act, RCW Chapter 37 70A, and the Yakima County Wide Planning Policy (CWPP), d The cumulative impacts of this request together with all previous Comprehensive Plan Amendments have been considered and support the requested amendment. Section 9 Regarding CPA #8 -07 and the subject property, the legal description of which is attached to this ordinance as Exhibit I, which is incorporated by reference in this ordinance, the City Council finds as follows a. The subject property is suitable to be classified as Arterial Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan, b Circumstances have changed since the property was classified as Medium Density Residential and Arterial Commercial which now makes the requested Comprehensive Plan Amendment appropriate, c. The requested Comprehensive Plan Amendment is consistent with and complies with 1 10111 11111 1111 13111 1111 111 113 111 7606034 Page 7 of 44 CITY OF YAKIMR PLANNING 04103/^2009 11 19A j� IORD i $85 0 Yakima Co, WA • The requirements and considerations set forth in Yakima Municipal Code Chapter 16 10; • The goals and policies of the Yakima Urban Area Comprehensive Plan, • The Growth Management Act, RCW Chapter 37 70A, and the Yakima County Wide Planning Policy (CWPP), d The cumulative impacts of this request together with all previous Comprehensive Plan Amendments have been considered and support the requested amendment. Section 10 Regarding CPA #9 -07 and the subject property, the legal description of which is attached to this ordinance as Exhibit J, which is incorporated by reference in this ordinance, the City Council finds as follows. a. The subject property is suitable to be classified as Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan, b Circumstances have changed since the property was classified as Medium Density Residential which now makes the requested Comprehensive Plan Amendment appropriate, c. The requested Comprehensive Plan Amendment is consistent with and complies with • The requirements and considerations set forth in Yakima Municipal Code Chapter 16 10; • The goals and policies of the Yakima Urban Area Comprehensive Plan, • The Growth Management Act, RCW Chapter 37 70A, and the Yakima County Wide Planning Policy (CWPP), d The cumulative impacts of this request together with all previous Comprehensive Plan Amendments have been considered and support the requested amendment. Section 11 Regarding CPA #10 -07 and the subject property, the legal description of which is attached to this ordinance as Exhibit K, which is incorporated by reference in this ordinance, the City Council finds as follows a. The subject property is not suitable to be classified as High Density Residential on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan, b Circumstances have not changed since the property was classified as Low Density Residential which now makes the requested Comprehensive Plan Amendment inappropriate, c. The requested Comprehensive Plan Amendment is not consistent with and does not comply with. • The requirements and considerations set forth in Yakima Municipal Code Chapter 16 10; • The goals and policies of the Yakima Urban Area Comprehensive Plan, • The Growth Management Act, RCW Chapter 37 70A, and the Yakima County Wide Planning Policy (CWPP), d The cumulative impacts of this request together with all previous Comprehensive Plan Amendments have been considered and such impacts do not support the requested amendment. 7606034 Page 8 of 44 04,'03/2008 11 19A ITY OF YAKIMA PLANNING 11 IORD $85 0 Yakima Co, WA Section 12. 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 13. 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 14. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor Section 15. 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 meetin• and signed and approved this 18 day of March, 2008 A / VIII David Edler, ayor ATTEST Q 0 City Clerk Publication Date. 3/21/08 Effective Date. 4/20/08 * • • SEAI, 7606034 Page 0 9 f 44 4/ 1 CITY OF YAKIMA PLANNING � $85 00 0 Yakima Co, o WR1 1 9R _ EXHIBIT "A" REGIONAL PLANNING COMMISSION FINDINGS OF FACT & RECOMMENDATION FOR 2007 COMPREHENSIVE PLAN AMENDMENTS January 9, 2008 WHEREAS The City and County adopted the Yakima Urban Area Comprehensive Plan m December 2006 The Washmgton Growth Management Act and local ordmances provide a process for the annual review of amendments to the Plan as requested by citizens, property owners and/or local government. i For the 2007 amendment review process, the Department of Community & Economic Development received ten requests for possible amendments to the Future Land Use Map for the 2007 amendment review process The Yakima Urban Area Regional Planning Commission is responsible for the review of each request and for recommending approval, modification or denial of each request. Pubhc Hearing and Commission discussions were conducted by the RPC on said requests on December 5, 2007, December 12, 2007 and January 2, 2008 The Regional Planning Commission concluded its consideration of these ten applications on January 9, 2008. Now therefore, the Yakima Urban Area Regional Planning Commission presents the following findings and recommendations to the Board of Yakima County Commissioners and Yakima City Council: 2007 -- TIT I i1T T - compreheasi 7606034 Page 10 of 44 DOC R ��� 04/03'2009 11 19A ' INDEX CITY OF YAKIMA PLANNING , hORD $85 00 Yakima Co, WA SUMMARY OF RECOMMENDATION FOR CPA # 1 -07 APPLICANT: Walter & Virginia Mick LOCATION: SE Corner of 64 & Washington Avenue PARCEL NO: APN #181333 - 32403, 32404, and 32405 SIJMNLARY OF REARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval by the Yakima City Council of this rezone from the SR zonmg distnct to the SCC zoning district. DESCRIPTION OF REQUEST The applicant requests a change m the Future Land Use Map from Low Density Residential to Artenal Commercial. Future zoning would be Small Convenience Center (SCC) if the amendment were approved. This is a request for a non - project rezone of three parcels totaling about 7 37 acres m size located on the southeast comer of South 64 Avenue and West Washington Avenue, located m the Suburban Residential (SR) zoning distract. The property is currently being used as a commercial pear orchard and there are no immediate plans to develop the property m any particular manner FINDINGS o This is a non - project rezone request. o The subject property is adjacent to fruit orchards, Washington State Department of Correction's Ahtanum View Correction Complex, and an alfalfa field and the requested land use change will not have any sigmficant affect on adjoining properties. o The subject property is well suited for uses permitted m the Small Convenience Center (SCC) zoning distract. Uses m this district should be retail or personal service establishments deal directly with the consumer, the pnmary occupants usually bemg a supermarket and drugstore The size and location of the subject property makes it more suitable for SCC uses m the foreseeable future ° The Comprehensive Plan Arterial Commercial designation would support the requested rezone of the three parcels to the Small Convenience Center (SCC) zoning distnct. r — — – — i , n, — 7 -- — -- 2007 Regional Plant' 7606034 Comprehensive Plan Page 11 of 44 DOC Recommendations 04/03/2008 11 19A INDEX CITY OF YAKIMA PLANNING , I ORO $80 00 Yakima Co, WA — — — AA -I The proposed rezone of the subject property would be compatible with the neighbonng land uses while the current Suburban Residential zomng is not. o The granting of this request would fulfill a major objective of the existmg Comprehensive Plan without conflicting with other goals and policies Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts A preliminary Determination of Non - significance (DNS) was issued by the City of Yakima on September 7, 2007 A final Determination of Nonsigmficance was issued on October 4, 2007 No appeal was filed during the SEPA appeal penod which expired on October 18, 2007 REGIONAL PLANNING COMMISSION CONCLUSIONS ° The amendment is minor m nature O No adverse impacts have been identified by this amendment request. o Small Convenience Center commercial uses would be more compatible than residential uses with the State Correctional Facihty to the south and the major transportation route and industrial zoned property to the north. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Suburban Residential to Artenal Commercial. The motion carved by a 3 to 1 vote, with one abstention. o8' ohn Hodkmson, Actmg Chair ate Regional Planning Commission 2007 Regional Plannv� i — — — l rr rte, - - — Comprehensive Plan i 7606034 P 12 of 44 Recommendations 04r03'2009 11 19R o- DOC CITY OF YAKIMA PLANNING I ORO X85 00 Yakima Co, WA INDEX # A A _ i SUMMARY OF RECOMMENDATION FOR CPA # 2 -07 APPLICANT: The Noel Corporation LOCATION: 1015 S. 5 Avenue & Vicinity of S. 5 Avenue & Nob Hill Boulevard PARCEL NO: APN #181325 -14405 and 14410 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Exammer affirms the SEPA Determmation of Nonsigmficance and recommends that conditions be imposed on the requested rezone from the R -1 to the SCC zone DESCRIPTION OF REQUEST This is an application to rezone two parcels immediately west of the shopping center which are located north of Nob Hill Boulevard between South 4 and South 5 Avenues The parcels are vacant and are zoned Single - Family Residential (R -1) One of the parcels abuts South 5 Avenue and the other is to the northeast of that parcel next to the existing shoppmg center building. The parcels were purchased by the owner of the shoppmg center m 2005 with the goal of expanding the shopping center uses onto those parcels m a way that is unknown at this point because this is a non - project rezone request. The two parcels included m the rezone request are located north of Nob Hill Boulevard between South 4 Avenue and South 5 Avenue west of the Southgate Shopping Center The parcel numbers are 181325 -14405 and 14410 The parcels are currently zoned Smgle - Family Residential consistent with their Low Density Residential Comprehensive Plan designation. FINDINGS ° The subject properties are currently zoned for single- family residential use The future land use designation of the properties as Low Density Residential does not support the rezoning of the properties to SCC, Small Convenience Center which is intended to accommodate day -to -day convemence shoppmg and service needs of the surrounding neighborhood. Uses m this distract include retail or personal service estabhshments dealing directly with the customer, the primary occupants usually being a supermarket and drug store Z Reco mm end oos Regtooal ations Plannm 7606034 Comprehe Plan A Page 13 of 44 D 0 C 04/03/2008 11 19R CITY OF YAKIMR PLANNING ' j ++ORD $85 0 $ Yakima Co, NA INDEX # AA -1 The proposed change m future land use designation readily accommodates the mtent of the SCC zoning distnct. o There are no attributes per se that render the proposed rezone unsuitable for the permitted uses allowed m the SCC zoning district. This is a non - project rezone request. o The proximity of a local access street and residential uses requires the recommended conditions for this rezone be imposed, together with any additional conditions that may be imposed as a result of future environmental and/or traffic review processes at the time a specific development is proposed. o With the imposition of the recommended conditions, the two subject parcels would be suitable for any SCC uses of a type that would be exempt from additional environmental and/or traffic review m the future O SCC uses of the type that would require additional environmental and/or traffic review m the future would also be subject to any additional conditions imposed as a result of those reviews o The Comprehensive Plan designation of Neighborhood/ Community Commercial would support the requested rezone of the parcels to SCC o The proposed rezone of the subject parcels is only consistent with the Comprehensive Plan if the proposed Comprehensive Plan amendment of Neighborhood/Community Commercial is approved. o The requested rezone with the recommended conditions will strike a balance between the public need to accommodate the possible future expansion of a successful busmess providing needed goods and services along a busy street and the need to minimize adverse impacts of SCC uses on the neighborhood they serve o The existing infrastructure m the vicuity is adequate and appropriate to support uses allowed as a result of the proposed rezone • The proposed rezone meets public need for zonmg that affectively implements the Neighborhood Commercial future land use designation. O As conditioned, the proposed rezones meet the Consistency Review requirements as set forth m Chapter 16 06, Yakima Municipal Code 2007 Regin dations onal Plannin G �� � J � . � _ 1111#11 heive Plan ei 7 6064 Recomme G4r 1 9A INDEX ' CITY OF YRKIMA PLANNING ,IORD , �S5 GG Yakim Go, WA — — # AA -1 ENVIRONMENTAL ANALYSIS (SEPA) A preliminary Determination of Non - significance (DNS) was issued by the City of Yakima on August 22, 2007 A final Determination of Nonsignifrcance was issued on September 21, 2007 A SEPA appeal was filed on October 4, 2007 before the SEPA appeal penod expired on October 8, 2007 Notice of the appeal hearing was given by mailing notice to property owners, pubhshmg notice and posting the property on October 18, 2007 The heanng was held regarding the SEPA appeal on November 8, 2007 where sworn testimony was presented by Mr McBnde, Mr Hatfield and Mr Myre The Examiner concluded that any probable significant adverse environmental effects from any type of development on the two parcels resultmg from the requested rezone would be unlikely or would have not more than a moderate adverse environmental effect under WAC 197 -11- 794(1) if the Examiner's five recommended conditions are imposed on the requested rezone. The Examiner's alternatives are to (i) recommend those conditions be imposed on the rezone to effectively address the appellant's stated grounds for appealing the DNS, or (ii) remand this matter to the SEPA responsible official to consider conditioning the rezone by means of a Mitigated Determination of Nonsignficance (MDNS) and continue the open record pubhc hearing. The result of either alternative would be the same Smce the latter alternative seems to involve an unnecessary step and needless delay, since Mr McBnde favored the alternative of condrtionmg the rezone and smce the imposition of conditions on the rezone are acceptable to the applicant, the Examiner will recommend that the City Council approve this requested rezone subject to five conditions if the requested Comprehensive Plan amendment is approved. Since no probable significant adverse environmental effects will result from the requested rezone if it is conditioned to address the appellant's environmental concerns m the manner recommended, the DNS will be affirmed. The Heanng Examiner recommends the rezone request be APPROVED with the following conditions 1) Ingress to and egress from either of the two subject parcels by way of South 5 Avenue shall be prohibited, 2) Lighted signage along South 5 Avenue or along any common property lines between the two subject parcels and any adjommg properties improved with residences to the north or south shall be prohibited, 3) Violations of the City's public disturbance noise provisions of Section 6 04 180 of the Yakima Municipal Code which make it "unlawful for any person m possession of property to knowmgly cause, permit or allow to emanate there from any sound which by its intensity, volume, frequency, duration or character unreasonably disturbs or interferes 2007 Regional Planning Coin j — — Comprehensive Plan Amendi 7606034 D p C R ecommendations Page 15 o 44 N D EX 1 04/03/ c009 11 19A CITY OF YAKIMR PLANNING Il iORD *5 op Yakima Co, WA # with the peace, comfort and repose of others" shall be prohibited on the two subject parcels even though commercial uses would otherwise be exempt from said ordinance, 4) Only cut -off light fixtures shall be used on the two subject parcels which shall be shielded and installed m a manner that prevents fugitive fight or fight spillage from the parcels onto South 5 Avenue or onto any adjoming properties improved with residences to the north or south of the parcels, and 5) Buildmgs fronting on South 5 Avenue or on any common property lines between the two subject parcels and any adjoining properties improved with residences to the north or south of the parcels shall be prohibited. REGIONAL PLANNING COMMISSION CONCLUSIONS o The requested amendment is minor in nature o No adverse impact has been identified by this amendment request that cannot be reasonably mitigated. ° Small Convemence Center uses would be a natural extension of existing retail/commercial land uses o Small Convenience Center commercial uses would be compatible with adjacent residential uses with appropnate conditions imposed on the rezone approval as recommended by the Hearmg Examiner MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Medium Density Residential to Neighborhood Commercial. The motion carved unanimously ohn Hodkmson, Actmg Chair /Date Regional Planning Commission __ �ii� 2007 Regional Planni Coa te 7606034 Comprehensive Plan Am Page f 44 DOC i °°S 033,'P00616 o11 199 CITY OF YAKIMA PLANNING i �IORO 5 00 Yakima Co WA INDEX - - AA -1 SUMMARY OF RECOMMENDATION FOR CPA # 3 -07 APPLICANT: Linc Properties/Brashen Yakima, LLC LOCATION: 1214 -1230 South 1st Street PARCEL NO: APN #191330 -13004 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval by the Yakuna City Council of this request for a rezone from the M -2 to the CBDS zoning district. DESCRIPTION OF REQUEST The applicant requests a change m the Future Land Use Map from Industrial to Arterial Commercial. Future zoning would be Central Business Distnct Support (CBDS) if the amendment were approved. This is an application to rezone a triangular 1 62 -acre parcel from Heavy Industrial (M -2) to Central Business District Support (CBDS) in order to conform the zoning of the parcel to its existing and histoncal retail/commercial usage. The parcel is developed with buildings and parkmg areas currently used by Rent -A- Center, Schuck's Auto Supply and ) Sherwin - Wilhams Paints One of the buildmgs is currently vacant. FINDINGS The location of the requested rezone is 1214 -1230 South 1 Street, Yakima, Washmgton. The parcel is on the west side of South 1 Street north of its intersection with Nob Hill Boulevard. • The Comprehensive Plan Artenal Commercial designation would support the requested rezone of the property to the Central Business Distract Support (CBDS) zoning district. • This property is not suited for mdustnal uses because it is not of sufficient size and configuration to accommodate construction, manufacturing, transportation or warehousing type activities charactenstic of its current Heavy Industrial zoning designation. o The demand for industrial uses at this location is virtually nonexistent m the current marketplace, whereas there is a high demand for retail/commercial uses m this area. 2007 Regional PLlnning Coma -- �_ _� - -- -- - -- — Ch Stan a,menam' 11111 0 60603 4 £ 44 INDEX CITY OF YAKIMA PLANNING 008 1 19A ,___ � I � ilORO �5 @0 Yakima Co, WR # �}A -t This property is able to fulfill a public need for retail /commercial services at a readily accessible and convenient location. o All public utilities are available to the subject property ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental Impacts. On September 7, 2007 a preliminary Determination of Nonsigmficance (DNS) was issued for this proposal The final DNS was issued on October 4, 2007 and the 15 -day appeal penod lapsed on October 19, 2007 No appeals were filed within the 15 -day appeal penod. REGIONAL PLANNING COMMISSION CONCLUSIONS o The amendment is minor m nature o No adverse Impacts have been identified by this amendment request. ° The proposed rezone of the subject property and the uses allowed by the proposed zoning would be compatible with longstanding neighboring land uses of a commercial nature MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changmg the Future Land Use Map designation for this location from Industrial to Artenal Commercial. The motion carved unanimously D ohn Hodkmson, Actmg Chair D ate Regional Planning Commission 2007 Regional Planning T -, ;- , -- - - - - -- — \ 1111 mprehensive Plan At 76060 D O C RCoecommendations Page 18 of 44 r INDEX 04 '53�'P008 l 4� 1 19A CITY OF, YRKIMR P ' � O $35 00. Yakima C o! A # AA SUMMARY OF RECOMMENDATION FOR CPA # 4-07 APPLICANT: Roy Johnson LOCATION: 4906 Summitview Avenue PARCEL NO: APN #181321 -41001 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval of this rezone application subject to conditions set forth below In particular, this approval recommendation is conditioned upon the amendment of the comprehensive plan future land use designation to Neighborhood Commercial for the portion of the property to be rezoned to Local Business (B -2) and to High Density Residential for the portion to be rezoned to Multifamily Residential (R -3). DESCRIPTION OF REQUEST The apphcant requests a change m the Future Land Use Map from Low Density Residential to a combination of Neighborhood Commercial and High Density Residential zoning. Future zoning would be B -2, Local Business on the northern portion of the subject property and R -3, Multi - Family Residential on the southern portion of the property, if the amendment were approved. FINDINGS o The location of the requested rezone is 4906 Summitview Avenue o The subject property compnses 9 5 acres and contains a single - family residence, miscellaneous outbuildings, and a fruit warehouse The balance of the property is a fruit orchard and retail fruit sale facility Barge Street stubs up to the approximate center of the eastern property boundary o This is a non - project rezone apphcation request. o There are no attributes of the property per se that render it unsuitable for the permitted uses m either the B -2 or R -3 zoning districts • All pubhc utihties are available to the property 2007 Regional Planning C' 111 — f r , r ; r 1 r., - - -- - Comprehensive Plan Ame 7606034 Recommendations Page 19 of 44 DOC 04/03/2009 11 19A INDEX CITY OF YAKIMA PLRNNING F O 99 RD X85 Yakima Co, WA - -- -- _ _AA- The Comprehensive Plan Low Density Residential designation would not support the requested rezone of the property to either the B -2 or R -3 zonmg distracts • The change m zoning for the northern portion of the property to B -2 would be consistent with the proposed Comprehensive Plan designation. • The change m zonmg for the southern portion of the property to R -3 would be consistent with the proposed Comprehensive Plan designation. • The boundary between the portions of the property to be zoned B -2 and the portion zoned R -3 shall be clearly delineated by the westward extension of the centerlme of the Barge Street nght -of -way from the eastern boundary line to the western boundary of the subject property o No written comments or testimony were submitted m opposition to the requested rezone ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct sigmficant adverse environmental impacts On September 7, 2007 a preliminary Deter mmation of Nonsigmficance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal penod lapsed on October 19, 2007 No appeals were filed within the 15 -day appeal penod. REGIONAL PLANNING COMMISSION CONCLUSIONS o The amendment is minor m nature o No adverse impacts have been identified by this amendment request. o This proposal permits the expansion of the existing commercial block located to the east of the subject property, and also permits the expansion of this commercial block to continue westward until it ties into the existing B -1, Professional Business zoning district. o The change m zoning for both the southern portion and northern portion of the subject property would be consistent with the proposed Comprehensive Plan Future Land Use Map designation. 2007 Regional Planning Comm . 1 - ( iii 11 i ;1 1 — — — Comprehve my 7606034 Recommendensiations Plan A 7606034 p 44 DOC 04/'G3/2008 11 19A , INDEX CITY OF YRKIMA PLANNING ' ! I 1ORD , $85' _ Yakima Go WA A _I MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Low Density Residential to High Density Residential on the south, and from Low Density Residential to Neighborhood Commercial on the north. The motion earned unannnously f'• ' John Hodkinson, Acting Chao ate Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Co 1 — r , �� .r - Comprehensive Plan Arne, 7606034 Recommendations 04C 3/2000 11 19A IN DEX ,CITY OF YAKIMA PLANNING i\OR0 $85 00 44-I SUMMARY OF RECOMMENDATION FOR CPA # 5-07 APPLICANT: A &N Investment & Rental Properties, LLC LOCATION: 716, 718 South 6th Street and 507 East Adams Street PARCEL NO: APN #191319- 43508, 43509, 43510 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval by the Yakima City Council of this rezone from the R -1 and the HB zoning distracts to the B -2 zoning district. DESCRIPTION OF REQUEST The apphcant requests a change m the Future Land Use Map from Low Density Residential to Neighborhood Commercial designation. Future zoning would be B -2, Local Business, if the amendment were approved. The subject properties are currently zoned for R -1, Single- Family Residential and HB, Histoncal Business land uses Current land uses include a mini-market, laundromat, and single- family residence The purpose of this request is to allow for the expansion of the existing market. However, the Histoncal Busmess zoning designation does not allow for an expansion of uses Adding a 10 -space off-street parking lot on the parcel where the smgle - fanuly residence is located following the relocation of said residence would expand the market. The market currently has several on- street parking spaces. The off -street parkmg lot is needed because the market and laundromat have flourished due to a change m area demographics and to eliminate some of the on -street parking spaces that are located m the public nght -of -way FINDINGS ° The location of the requested rezone is on the northwest corner of South 6 Street where it intersects with E Adams Street. This is a project- specific rezone request. ° The market faces east and fronts on South 6 Street, and has several on -street parking spaces ° The laundromat faces south and fronts on East Adams Street, and also has several on -street parking spaces 2007 Regional Planning Comm �° - /- — - i Gi tl ' r — - — - Comprehensive Plan Amendi 7606034 DO Re commendat ions page 04r'03r 22 11 a£ 44 19A INDEX CITY OF YYRKIMA PLANNING ,;ORO $$5 60 Yakima Co, WA o The purpose of this request is to allow for the expansion of the mint- market to accommodate the provision of an off- street parking lot to serve existing commercial activities o The current HB, Histoncal Business zoning designation does not allow for an expansion of uses. There are no attributes of the property per se that render it unsuitable for the permitted uses m the B -2 zoning district with appropnate sitescreening between residential and commercial uses. • All public utihties are available to the property o The Comprehensive Plan Low Density Residential designation would not support the requested rezone of the property to B -2, Local Business o No wntten comments or testimony were submitted m opposition to the requested rezone ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checkhst submitted by the Apphcant reveals no direct significant adverse environmental impacts. On September 7, 2007 a preliminary Determination of Nonsignificance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal penod lapsed on October 19, 2007 No appeals were filed within the 15 -day appeal penod. REGIONAL PLANNING COMMISSION CONCLUSIONS • The amendment is minor m nature • No adverse impacts have been identified by this amendment request. o This proposal permits the expansion of the existing commercial block located to the east of the subject property, and also permits the expansion of this commercial block to contmue westward until it ties into the existing B -1, Professional Busmess zoning district. 2007 Regional Planning Commie T - -- — — 1111117 i 71 Comprehensive Plan Amendmei II II III I II II II II II I I 7606034 DOC Page 23 of 44 INDEX 04/312008 11 19A CITY OF YAKIMA PLANNING I CORD $85 00 Yakima Co, NA _ ° The change m zoning for both the southern portion and northern portion of the subject property would be consistent with the proposed Comprehensive Plan Future Land Use Map designation. MOTION Based upon the analysis, findings and conclusions outhned above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Low Density Residential to Neighborhood Commercial. The motion earned unanimously /ohn Hodkmson, Actmg Chair Date Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Coma — r Comprehensive Plan Amendmi 7606034 Recammendattons D 0 C Page 24 o£ 44 [ INDEX CITY OF YflKIMA PLANNING 04,'03'2008 11 18A LI ORD $85.00: Yakima Co, WA # �� SUMMARY OF RECOMMENDATION FOR CPA # 6-07 APPLICANT: James L D Thomas LOCATION: 5609 Tieton Drive PARCEL NO: APN #181321-34003 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Exammer recommends approval by the Yakima City Council of this rezone from the R -2 to the B -2 zoning distract. DESCRIPTION OF REQUEST: This is an apphcation to rezone the northern portion of a 0 66 -acre parcel so that it is no longer split- zoned. The parcel is used for an existing sign business and parking. Part of the property is vacant. The southern portion of the parcel, about one -fifth of the parcel, already has a Comprehensive Plan Neighborhood Commercial designation and a Local Busmess (B -2) zoning classification. This apphcation seeks that same result for the remainder of the parcel to the north. The property is about 150 feet north of Tieton Dnve and about 200 feet east of South 58 Avenue. Properties to the south and southeast were changed to a Neighborhood Commercial Comprehensive Plan designation and a Local Business (B -2) zomng classification m 2003 to accommodate an antique business to the south and several small businesses m one structure to the southeast. FINDINGS o The location of the requested rezone is 5609 Tieton Dnve, Yakima, Washington. The parcel number is 181321 -34003 o The southern portion of the parcel already has a Comprehensive Plan Neighborhood Commercial designation and a Local Business (B -2) zoning classification. o Properties to the south and southeast were changed to a Neighborhood Commercial Comprehensive Plan designation and a Local Business (B -2) zonmg classification m 2003 to accommodate an antique business to the south and several small businesses m one structure to the southeast. 2007 Regional Planning Comm - -- 1 - - -- — — — 7� a ' c — — - - -- — Comprehensive Plan Aendm 7606034 DOC Recom mendat i ons m Page 25 of 44 INDEX 04/031200$ 11 19A CI OF YAKIMR PLANNING i LORD i $$5 00 _ Yakima Co, WA 1 AA o The Comprehensive Plan Neighborhood Commercial designation for the northern portion of the subject property would provide a unified Comprehensive Plan designation for the entire property The Comprehensive Plan Neighborhood Commercial designation would support the requested rezone of the property to the B -2, Local Busmess zoning distract. The property is well suited for the range of uses permitted within the B -2 zoning distract. • The subject parcel is currently served by all necessary public services. • The proposed rezone of the subject parcel would be compatible with the Local Busmess (B -2) antique store use to the south and the small busmess uses m the relatively new building to the southeast. • The expeditious development of the nearby property zoned for Local Busmess (B- 2) uses m 2003 attests to the public need for additional property of that nature m this area. ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts A prelumnary Determination of Non - significance (DNS) was issued by the City of Yakima on August 22, 2007 A final Determmation of Nonsignificance was issued on September 21, 2007 No appeal was filed dung the SEPA appeal penod which expired on October 8, 2007 REGIONAL PLANNING COMMISSION CONCLUSIONS • The requested amendment is minor m nature o No adverse impacts have been identified by this amendment request. o Neighborhood Commercial uses would be more compatible with existing commercial uses than for residential. 2007 Regional . . . . . . . . - - - - - - - - - - . - I I ' -i S3e: 4 R m eh siv Plan Amendment 0£ 44 D O C 11 19A INDEX CITY OF YAKIMA PLANNING ! 11�ORD $85 8�8 Yakima Co, WA # AA -t MOTION Based upon the analysis, findmgs and conclusions outlmed above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changmg the Future Land Use Map designation for this location from Medium Density Residential to Neighborhood Commercial. The motion carned unanimously 4 ohn Hodkinson, Actmg Chair Date Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Commission 1 8 Comprehensive Plan Amendment Recommendations , ,� . rn; , . , D O C mil 111111 7606034 Page 27 of 44 INDEX 04103'2008 11 19R CITY OF YAKIMA PLANNING 11ORD , $85 G0 Yakima Co, WA _ . / SUMMARY OF RECOMMENDATION FOR CPA # 7 -07 APPLICANT: Summit Crest Construction LOCATION: 4600 Summitview Avenue PARCEL NO: APN #181322 -32023 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval by the Yakima City Council of this rezone from the R -1 to the B -2 zoning district. DESCRIPTION OF REQUEST This is an apphcation to rezone a 1.26 -acre parcel on the southeast corner of Summitview Avenue and North 48 Avenue from the Single- Family Residential (R -1) to the Local Business (B -2) zoning district m conjunction with a Comprehensive Plan designation amendment from Low Density Residential to Neighborhood Commercial. The location of the requested rezone is 4600 Summitview Avenue, Yakima, Washington. The parcel number is 181322 -32023 The property located west of the subject parcel is zoned Local Busmess (B -2) and contains a mina- market, a carwash, a minute lube shop and a mina- storage facility The parcel is higher m elevation than condominuims to the south and east. The view- obscuring fence on the south side of the parcel is about the height of the eaves at the bottom of the roofs of the adjounmg condominium structures There is a single - family residence on the parcel, but most of the parcel is vacant and undeveloped. FINDINGS o The location of the requested rezone is 4600 Summitview Avenue, Yakima, Washington. The parcel number is 181322 -32023 o The parcel is currently zoned Single - Family Residential consistent with its Low Density Residential Comprehensive Plan designation. o The requested rezone cannot be approved without that change m the Comprehensive Plan designation because the existing Low Density Residential Comprehensive Plan designation does not support the Local Business (B -2) zoning classification. 2007 Re Plannin Comi ' 1 n - — -- Co mpre h ens i v e Plan .amenaa 7606034 D p C Recommendations Pa 2 8 0£ 44 84?03r20 11 19A INDEX CITY OF YAKIMA PLANNING I! ORD , $35' 00; Yakima Co, WA o The proposed rezone of the property and uses allowed by the proposed zoning would be compatible with existing commercial uses to the west. o The wntten comments m opposition to the requested rezone submitted for consideration consisted of three letters that addressed the concerns of retaining the residential character and harmonious uses of the neighborhood, issues of lighting, noise, secunty and garbage that could negatively affect the residents' quality of hfe and property values, and increased traffic exiting Summitview Avenue at North 48 Avenue o The property is well suited for the range of uses permitted wrthm the B -2 zoning distnct. o Any access from Suimmitview Avenue may require extension of the existing left turn lane North 48 Avenue will likely require nght -of -way dedication and frontage improvements Access to the proposed commercial area should be limited. o The purpose of the Local Business (B -2) zoning district is to provide areas for commercial activities outside the central busmess district that meet the retail shoppmg and service needs of the community and accommodate small retail sales and service estabhshments Such uses already exist on parcels to the west and southwest. Most of the Class (1) uses permitted m the B -2 zoning distract by Table 4 -1 are typically small retail sales or service estabhshments Other uses m that zoning distract typically require Class (2) or Class (3) review m order to be authorized m that zoning district. • The subject parcel is currently served by all necessary public facihties o The proposed rezone of the subject parcel would be compatible with the Local Business (B -2) small busmess uses to the west and southwest. o The nearby property to the west that is zoned to allow Local Business (B -2) uses is already developed and occupied so that there is no other property available for those types of uses m the immediate vicinity ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct sigmficant adverse environmental impacts. 2007 Regional Planning Commission 20 Comprehensive Plan Amendm° ^'-r -- — — — - - D O C 111 11 111 I 1111 11111 11 7606034 INDEX Page 29 of 44 04/ @3/2008 11 19A CITY OF YAKIMA PLANNING jl FORD , 5 00 Yakima Co, WA " A preliminary Determmation of Non- sigmficance (DNS) was issued by the City of Yakima on August 22, 2007 A final Determmation of Nonsignificance was issued on September 21, 2007 No appeal was filed during the SEPA appeal penod which expired on October 8, 2007 REGIONAL PLANNING COMMISSION CONCLUSIONS The requested amendment is tumor m nature ° No adverse impacts have been identified by this amendment request. ° The proposed rezone of the subject parcel would be compatible with the Local Business (B -2) small business uses to the west and southwest. MOTION Based upon the analysis, findings and conclusions outhned above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Low Density Residential to Neighborhood Commercial. The motion carved unanimously / ohn Hodkmson, Acting Chair Date Regional Planning Commission The Regional Planning Commission ) 2007 Regional Planning Commission 21 Comprehensive Plan Amendment_ -- _ - --- _ -- -- — -- -- _ _ -- _ Recommendations —! D O C , 11 P 7 a g e 3G 64 of 44 ; INDEX 09 04/G3/2908 11 19A CI OF YAKIMA PLANNING H ORD $85_0b Yakima Co, WA -- AA 4 SUMMARY OF RECOMMENDATION FOR CPA # 8-07 APPLICANT: Des Mathis LOCATION: 2013, 2015 Willow Street and 2018 Fruitvale Boulevard PARCEL NO: APN #181314 - 42411, 181314- 42413, 181314 -42440 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval of this rezone apphcation subject to conditions set forth below In particular, this approval recommendation is conditioned upon the amendment of the comprehensive plan future land use designation to Artenal Commercial for the portion of the property currently designated as Medium Density Residential. Other conditions pertain to assunng the authonty of the apphcant to apply on behalf of the landowner of record, and the protection of neighborhood charactenstics by limiting non - residential access to Willow Street. DESCRIPTION OF REQUEST: The applicant requests a change m the Future Land Use Map of the subject properties from what is currently a combination of Medium Density Residential and Artenal Commercial to all Artenal Commercial designation. Future zoning would be CBDS, Central Business District Support, if the amendment were approved. The subject properties are currently zoned for R -2, Two - Family Residential and Central Busmess District Support land uses. Current land uses include a mini-storage facility, and two single- family residences. The three subject parcels are contiguous along their side and back property lines. The Comprehensive Plan designates 2018 Fruitvale Boulevard as Artenal Commercial. The Willow Street parcels are designated as Medium Density Residential. The current zonmg of the south half of 2018 Fruitvale Boulevard and the Willow Street lots is R -2 The current zonmg of the north half of 2018 Fruitvale Boulevard is CBDS The Fruitvale property has been developed into a mini-storage facility The other parcels each contain one 1920 - vintage single - family residence The properties are bounded on the north by Fruitvale Boulevard, an artenal street, and on the south by Willow Street a local access street that is not designed for day -to -day customer access, and is used for emergency access All public utilities are available to the property 2007 Regional Planning Commission 22 Comprehensive Plan Amendmer'T_. �- -_- - - — DOCi Recommendations 760603 Page 3 1 of 44 INDEX 04/O31200811 19A # I ITY OF YAKIMA PLANNING 1 i ORD $85 GA Yakima Co, WA AA- -l' FINDINGS o The proposed rezoning of R -2 property to CBDS is not consistent with the current future land use designation of the subject parcels that are currently m residential use Therefore, approval of the rezoning proposal for those properties should be conditioned upon approval of requested change m future land use designation. o The proposed rezone of the parcel currently designated as Artenal Commercial to CBDS reflects an appropnate implementation of the Comprehensive Plan, and should be approved irrespective of the request for a change m the future land use designation for the R -2 zoned properties • The proposed rezone would not provide for the establishment of uses on the property that are incompatible with existing neighbonng land uses o The existing infrastructure m the vicinity is adequate and appropnate to support uses allowed as a result of the proposed rezone No permanent access other than emergency access and residential use access is necessary off of Willow Street. ° This is a non - project rezone request. o The subject property is suitable for the uses permitted m the CBDS zone o The proposed rezone meets pubhc need for zoning that effectively implements the Artenal Commercial future land use designation recognized as an important land use objective in the Comprehensive Plan. ° This property is able to fulfill a pubhc need for commercial services at a readily accessible and convement location. o As conditioned, the proposed rezones meet the Consistency Review requirements as set forth m Chapter 16 06, Yakima Municipal Code ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts 2007 Regional Planning Commission 23 - - -- - -- Comprehensive Plan Amendm� – — -- __r -- TTP.. 1 - — - -- DOC Recommendations 1111 11 Ell I I II II P 60603 of 44 INDEX 04,'O31P00A 11 19A ' CITY OF YAKIMA PLANNING FORD $8 09 Yakima Co WA # om_ On September 7, 2007 a preliminary Determination of Nonsigmficance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal penod lapsed on October 19, 2007 No appeals were filed within the 15 -day appeal penod. REGIONAL PLANNING COMMISSION CONCLUSIONS: o The amendment is minor m nature o No adverse impacts have been identified by this amendment request. This proposal pemnuts the expansion of the existing commercial land uses on the north onto the two adjacent properties currently zoned for residential uses o The change m zoning, as proposed for the adjacent properties currently zoned for residential land uses would be consistent with the proposed Comprehensive Plan Future Land Use Map designation. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changmg the Future Land Use Map designation for this location from Medium Density Residential to Artenal Commercial on the currently residential zoned properties The motion carved unanimously /John odkmson, Acting Chair Date Regional Planning Commission The Regional Plannmg Commission 2007 Regional Planning Commission 24 Comprehensive Plan Amendment -- _. - - - -- - - -- � r ; - - -- DOC Recommendations 1111 lit 111 lilt 1111 7606034 Page 33 of 44 ; 84% I NDEX 312068 11 19A CITY OF YAKIMA PLANNING j FIORD , $85' 00 ; Yakima Co, WA J /9' ,4-/ SUMMARY OF RECOMMENDATION FOR CPA # 9 -07 APPLICANT: Bill Chichenoff et al LOCATION: 1007, 1009, 1101, 1103, 1105 W. Washington Avenue PARCEL NO: APN #181336 - 24017, 24031, 24032, 24033, and 24034 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Exanuner recommends approval of this rezone application subject to conditions set forth below In particular, this approval recommendation is conditioned upon the amendment of the underlymg comprehensive plan future land use designation to Neighborhood Commercial. DESCRIPTION OF REQUEST The applicant requests a change m the Future Land Use Map for all of the subject properties from Medium Density Residential to Neighborhood Commercial. Future zoning would be B -2, Local Business, if the amendment were approved. The five subject parcels are contiguous alon their side property lines and front on West Washington Avenue between South loth Avenue and Pleasant Avenue The Comprehensive Plan designates the properties as Medium Density Residential. The current zoning for all parcels is R -2, Two - Family Residential, and there are currently smgle -family residences on each parcel. All necessary public utilities are available to the properties. The land uses associated with the proposed zoning change are compatible with existing neighborhood uses. The subject property abuts Local Business (B -2) zoning to the east and southeast. Smce the total sum of the property is large m size (1 73 acres) the proposed uses can be mitigated through implementation of the sitescreenmg standards for the separation of commercial and residential uses Access directly to W Washington Avenue will not be disruptive to surrounding neighboring uses because any direct impact will be focused away from residential uses and toward W Washington Avenue 2007 Regional Planning Commission 25 Comprehensive Plan Amendment__ - — — -- T,T:111 .T" m i T - — DOC Recommendations i 01r2$41 44 1 N D EX 11 19R I CITY OF YAV�IMR PLANNING i' ORD X85' 60 Yakima akima CoCo, , WA FINDINGS o The subject properties are currently zoned for single- family residential use o The future land use designation of the properties does not support the rezoning of the properties to B -2, Local Business which is mtended to accommodate small scale commercial uses requiring high visibility and easy access to major artenals • The proposed change m future land use designation as proposed readily accommodates the mtent of the B -2 zoning district. • There are no attributes per se that render the proposed rezone unsuitable for the permitted uses allowed m the B -2 zoning district. • This is a non - project rezone request. • There is no evidence of a compelling public need to retain the existing R -2 zoning designation. o The proposed rezone of the subject parcels is only consistent with the Comprehensive Plan if the proposed Comprehensive Plan amendment the rezone is associated with is approved. • The existmg infrastructure m the vicinity is adequate and appropriate to support uses allowed as a result of the proposed rezone o The subject property is suitable for the uses permitted m the B -2 zoning distnct. o If commercial use is granted for the subject properties, access to W Washington Avenue should be combined and lumted to two driveways • The proposed rezone meets public need for zoning that affectively implements the Neighborhood Commercial future land use designation. • As conditioned, the proposed rezones meet the Consistency Review requirements as set forth m Chapter 16 06, Yakima Municipal Code o No wntten comments were received regarding this proposal. 2007 Regional Planning Commission 26 Comprehensive Plan Amendment — -- Recommendations n ; r D O C 1111 lh 111111 II 11111 11 7606034 44 1NDEx P64103age /2008 11 19A CITY OF YRKIMR PLRNNING FIORD $85 00 Yakima Co' WA # A ._ i ENVIRONMENTAL ANALYSIS (SEPA) The Environmental Checklist submitted by the Apphcant reveals no direct significant adverse environmental impacts On September 7, 2007 a preliminary Determination of Nonsigmficance (DNS) was issued for this proposal. The final DNS was issued on October 4, 2007 and the 15 -day appeal penod lapsed on October 19, 2007 No appeals were filed within the 15 -day appeal penod. REGIONAL PLANNING COMMISSION CONCLUSIONS: • The amendment is minor m nature o No adverse impacts have been identified by this amendment request. • The proposed rezoning of R -2 property to B -2 is not consistent with the current future land use designation of the subject parcels Therefore, approval of the rezoning proposal for those properties should be conditioned upon approval of the accompanymg request for a change m future land use designation. o The change m zoning, as proposed for the subject properties, as proposed, would be consistent with the proposed Comprehensive Plan Future Land Use Map designation. MOTION Based upon the analysis, fmdmgs and conclusions outhned above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the amendment request, thereby changing the Future Land Use Map designation for this location from Medium Density Residential to Neighborhood Commercial. The motion camed unanimously ,/ Ate /q ohn Hodkinson, Actmg Chair D ate Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Commission Comprehensive Plan AmendmecK — — - 2� – a 7606034 DQC Recommendations Page 38 of 44 INDEx 04/03/2G08 11 19A # CITY OF YAKIMA PLANNING 11 100 $85 : Yakima Co, WA 11.4 ) SUMMARY OF RECOMMENDATION FOR CPA # 10-07 APPLICANT: Yakima Temple Building/Michael Kim LOCATION: 2412 & 2506 W. Mead Avenue PARCEL NO: APN #181335 -21456 and 181335 -21457 SUMMARY OF HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends that the Yakuna City Council deny this requested rezone from the R -1 to the R -3 zoning district. DESCRIPTION OF REQUEST This is an application to rezone two lots along the south side of West Mead Avenue immediately west of South 24 Avenue from Single- Family Residential (R -1) to Multi - Family Residential (R -3) The application was submitted m conjunction with an apphcation for a Comprehensive Plan amendment from the Low Density Residential to the High Density Residential designation. The parcels are currently vacant. A Jehovah's Witnesses Church was approved and constructed recently on Lot 3 of the short plat immediately to the west. A fraternal organization lodge /community center was approved for the Yakima Temple Building Association's site on Lot 1 of the short plat by a Class (3) decision of the Heanng Examiner on June 9, 2006 The facility has not been constructed. This rezone apphcation for Multi - Family Residential (R -3) zoning on Lot 1 which is owned by the Yakima Temple Buildmg Association is a non - project rezone request. By definition, that would not limit Lot 1 to any specific type of R -3 use The rezone application for Multi- Family Residential (R -3) zoning on Lot 2 is by contrast a project rezone request to allow a three -story luxury senior apartment complex. It would have 43 units. They would be 672 - square -foot one - bedroom units with one two - bedroom unit on each floor The facility would be rented to active seniors It would not be an assisted living facihty The complex would look like a luxury hotel. It would have 65 parking spaces unless the City reduced that number to less. FINDINGS ° The location of the requested rezone for the Yakima Temple Building Association property -- Lot 1 of the Short Plat recorded under Auditor's File No 7516235, Assessor's parcel no 181335 -21456 -- is on the southwest corner lot at the intersection of West Mead Avenue with South 24 Avenue, Yakima, Washington. 2007 Regional Planning Commission 28 Comprehensive Plan Amendment - — Recommendations 7606034 D O C Page 37 of 44 INDEX 04/0312008 11 19A CITY OF YAKIMA PLANNING 1 $85'00 Yakima Co, WA A „ ° The location of the requested rezone for the Michael Kim property -- Lot 2 of the Short Plat recorded under Auditor's File No 7516235, Assessor's parcel no 181335 -21457 -- is 2412 West Mead Avenue abuttmg the west boundary of the Yakima Temple Buildmg Association property o Lots 1 and 2 are currently zoned Single- Family Residential consistent with their Low Density Residential Comprehensive Plan designation. The lots are both vacant and undeveloped. o The requested rezone cannot be approved without that change m the Comprehensive Plan designation because the existing Low Density Residential Comprehensive Plan designation does not support the Multi - Family Residential (R -3) zoning classification. - o Most of the testimony received at the public hearing which is the first cntenon to be considered m making this recommendation was adamantly opposed to the requested rezone o The wntten pubhc comments from residents of the neighborhood were entirely m opposition to the requested rezone ° This is a project- specific rezone request. o The weight of the evidence presented at the hearing established the fact that Lots 1 and 2 of the short plat involved m this application are not well suited for the specific three -story multi- family structure described by Mr Kim or for the range of other uses permitted within the R -3 zoning district. o Mr Kim's proposed multi- family senior apartment complex would be m comphance with the mtent of the R -3 zoning distract insofar as it would be a high - density residential use, but it would not be m comphance with the intent of other zonmg ordinance provisions relative to the cntena and requirements for a rezone o Necessary pubhc facilities would be available for the proposal project. The evidence does, however, present issues as to the adequacy of the access for this type of R -3 use o The applicant stated pubhc need for the proposed change is not established by any study or concrete information m the record. 2007 Regional Planning Commission 29 r Comprehensive Plan Amendm• i , i i'ti , ' i i I - DOC Recommendations 7606034 INDEX Page 38 o£ 44 CITY OF YAKIMA PLANNING ORD $$5 00 Yak ma WA 1 , d —1 ENVIRONMENTAL ANALYSIS (SEPA) ) The Environmental Checklist submitted by the Applicant reveals no direct significant adverse environmental impacts A prehmmary Determination of Non - significance (DNS) was issued by the City of Yakima on August 22, 2007 A final Determination of Nonsigmficance was issued on September 21, 2007 No appeal was filed during the SEPA appeal penod which expired on October 8, 2007 REGIONAL PLANNING COMMISSION CONCLUSIONS o The application fails to meet the first cntenon for a change m land use at this location. • The lugh- density residential project is not compatible with the existmg low - density residential neighborhood. o Access to the subject property is not adequate to support high - density residential (R -3) land uses • Residents of adjacent properties have expressed unified opposition to the requested rezone and proposed multi - family residential development at the specified location. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Regional Plannmg Commission recommend DENIAL of the amendment request seeking to change the Future Land Use designation for this property from Low Density Residential to High Density Residential. The motion carved unanimously /4 /' /' / ohn Hodkunson, Acting Chair ate Regional Planning Commission The Regional Planning Commission 2007 Regional Planning Commission 30 Comprehensive Plan Amendment _ - - Recommendations D O C IIIII 1111 11111111111111111111111111111111110 7606034 INDEX Page 39 of 44 04/03a008 11 19A CITY OF YAKIMA PLANNING 1:1R0 $$5 00 Yakima Co, WA EXHIBIT "B" WALTER & VIRGINIA MICK CPA #1 -07, RZ #3 -07, EC #11 -07 SE CORNER OF S. 64 AVENUE & WASHINGTON AVENUE YAKIMA, WASHINGTON LEGAL DESCRIPTION Parcel No. 181333 -32403 Section 33 Township 13 Range 18 Lot 1 SP 80 173 EX N 15 FT CO RD R/W Parcel No. 181333 -32404 Section 33 Township 13 Range 18 SP 80 173 Lot 2 Parcel No. 181333 -32405 Section 33 Township 13 Range 18 SP 80 173 Lot 3 EXHIBIT "'C" THE NOEL CORPORATION CPA #2 -07, RZ #4 -07, EC #12 -07 1015 S 5 AVENUE /S 5 AVENUE & NOB HILL BOULEVARD YAKIMA, WASHINGTON LEGAL DESCRIPTION Parcel No. 181325 -14410 Matterson's Acre Tracts S 100 ft of N 150 of Lot 4 EX W 10 ft Parcel No. 181325 -14405 Matterson's Acre Tracts N 50 ft of W'A of Lot 3, N 50 ft of E 34 5 ft 7606034 11111 3 40 1 44 ' 1 0a},ma W 19A C IT Y OF YAKIMA PLANNING 1\ORD $85 0A — Y _ - EXHIBIT "D" BRASHEN YAKIMA, LLC CPA #3 -07, RZ #5 -07, EC #14-07 1230 S. FIRST STREET YAKIMA, WASHINGTON LEGAL DESCRIPTION Parcel No. 191330 -13004 That part of the Southwest quarter of the Northeast quarter of Section 30, Township 13 North, Range 19 East, W M , described as follows. COMMENCING at the Northwest corner of said subdivision, Thence South 0 °36'15" West along the West line of said subdivision 265 00 feet to the POINT OF BEGINNING, Thence South 0 °36'15" West 485 00 feet; Thence South 89 °23'45" East 259 55 feet; more or Tess, to the Westerly right of way line South First Street; thence North 24 °49'30" West along the Westerly right of way line of said South First Street 549 46 feet more or less, to a line bearing North 65 °10'30" East from the POINT OF BEGINNING, thence South 65 °10'30" West 26 15 feet, more or Tess to the POINT OF BEGINNING EXHIBIT "E" ROY JOHNSON CPA # 4 -07, RZ #6 -07, EC #15 -07 4906 SUMMITVIEW AVENUE YAKIMA, WASHINGTON LEGAL DESCRIPTION. Parcel No 181321 -41001 THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 13 NORTH, RANGE 18 EAST, W M EXCEPT THE EAST 330 FEET, AND EXCEPT RIGHT OF WAY FOR ROAD - i - - — 7606034 Page 41 04!03!2008 11 of 144 9A CITY OF YAKIMA PLANNING 10R13 185 Op_ Yakima Co, WR EXHIBIT "F" A&N INVESTMENT & RENTAL PROPERTIES, LLC CPA #5 -07, RZ #7 -07, EC #16 -07 716 & 718 South 6 Street & 507 East Adams Street YAKIMA, WASHINGTON LEGAL DESCRIPTION Parcel No. 191319 -43508 Lot 8, Block 118 of Rainier Addition to North Yakima, now Yakima, Washington, recorded in Volume "B" of Plats, Page 23, records of Yakima County, Washington Parcel No. 191319 -43509 The Westerly 68 feet of Lot 9, Block 118 of Rainier Addition to North Yakima, now Yakima, Washington, recorded in Volume "B" of Plats, Page 23, records of Yakima County, Washington Parcel No. 191319 -43510 The Easterly 70 feet of Lot 9, Block 118 of Rainier Addition to North Yakima, now Yakima, Washington, recorded in Volume "B" of Plats, Page 23, records of Yakima County, Washington EXHIBIT "G" JAMES L D THOMAS CPA #6 -07, RZ #8 -07, EC #17 -07 5609 TIETON DRIVE YAKIMA, WASHINGTON Parcel No. 181321 -34003 T The North 300 feet (measured from the curb line) of the following described parcel BEGINNING at a Point of Bearing North 89° 06° West 327 9 feet from the South quarter corner of Section 21, Township 13 North, Range 18 E. W M , Then North 89° 06' West 347 9 feet, Then North 0° 13' West 661 35 feet, Then South 89° 06' East 317 5 feet Then South 0° 14' East 661 35 feet TO THE POINT OF BEGINNING, EXCEPT the West 160 feet thereof, and EXCEPT the North 30 feet and the South 30 feet for County Roads 1 — no - i , 73 Pa 42 04?83r268 4 11 o£ 1 9A CITY OF YAKIMA PLANNING 1ORD $85 00 Yakima Co. WA EXHIBIT "H" SUMMIT CREST CONSTRUCTION CPA #7 -07, RZ #9 -07, EC #18 -07 4600 SUMMITVIEW AVENUE YAKIMA, WASHINGTON LEGAL DESCRIPTION Parcel No. 181322 -32023 The West 380 feet of the North 202.5 feet of the West half of the Northwest quarter of the Southwest quarter of Section 22, Township 13 North, Range 18, E. W M EXHIBIT "I" DES MATHIS CPA #8 -07, RZ #10 -07, EC #19 -07 2013, 2015 WILLOW STREET & 2018 FRUITVALE BOULEVARD LEGAL DESCRIPTION Parcel No. 181314 -42411 The West 64 feet of the East 384 35 feet of Lot 16 of the Lewis -Terry Garden Tracts, recorded in Book "F" of Plats, Page 15, records of Yakima County, Washington Parcel No. 181314-42413 The South half of the West 64 feet of the East 448.35 feet of Lot 16 of the Lewis -Terry Garden Tracts, recorded in Book "F" of Plats, Page 15, records of Yakima County, Washington, EXCEPT the South 20 for road right of way Parcel No. 181314 -42440 That portion of the North half of the South half of the Northwest quarter of the Southeast quarter of Section 14, Township 13 North, Range 18 East, W M. described as follows. BEGINNING at the intersection as it existed January 3, 1936, of the South line of Fruitvale Boulevard and of the West line of Wright Avenue, Then along said South line 384 35 feet to the TRUE POINT OF BEGINNING, Then continuing West 128 feet, then South parallel with the West line of Wright Avenu7e 301 feet, more or less, to the North line of Tract 16, the Lewis-Terry Garden Tracts, Then East along said North line 128 feet, then North 301 feet, more or less, TO THE POINT OF BEGINNING, LESS PORTION along the North line conveyed to State of Washington for State Road Number 5 by Deeds recorded under Auditor's File Numbers 1237711 and 1246759, records of Yakima County, Washington 734 Pa 43 o 0 11 f 44 19A CITY OF YAKIMA PLANNING i!rDRC i 185'0d' Yakima Co, WA_ EXHIBIT "J" BILL CHICHENOFF ET AL CPA #9 -07, RZ #11 -07, EC #20 -07 1007, 1009, 1101, 1103, 1105 W WASHINGTON AVENUE YAKIMA, WASHINGTON LEGAL DESCRIPTION Parcel No. 181336 -24017 The West 56 feet of the East 269 feet of the South 155 75 of Tract 28, Plat of Section 36, Township 13 North, Range 18 East, W M , as recorded in Volume "E" of Plats, Page 36, records of Yakima County, Washington, EXCEPT the South 10 feet for road Parcel No. 181336 -24031 The South half of Tract 28, Plat of Section 36, Township 13 North, Range 18 East, W M , as recorded in Volume "E" of Plats, Page 36, records of Yakima County, Washington, EXCEPT the West 155 feet, and EXCEPT the East 269 feet, and EXCEPT the South 121 feet, TOGETHER WITH the East 50 feet of the West 314 feet of the South 121 feet of said Tract, EXCEPT the South 10 feet for road Parcel No. 181336 -24032 The East 54 5 feet of the West 209 5 feet of the South 121 feet of the South half of Tract 28, Plat of Section 36, Township 13 North, Range 18 East, W M , as recorded in Volume "E" of Plats, Page 36, records of Yakima County, Washington, EXCEPT the South 10 feet for road Parcel No. 181336 -24033 The East 54 5 feet of the West 264 feet of the South 121 feet of the South half of Tract 28, Plat of Section 36, Township 13 North, Range 18 East, W M , as recorded in Volume "E" of Plats, Page 36, EXCEPT the South 10 feet for road Parcel No. 181336 -24034 The East 54 5 feet of the West 323 5 feet of the South 121 feet of the South half of Tract 28, Plat of Section 36, Township 13 North, Range 18 East, W M , as recorded in Yakima County, Washington, EXCEPT the South 10 feet for road _ — T 7606034 Page 44 of 8413/2008 111 CITY OF YAKIMA PLANNING ,111ORD X85 00 Yakima Co, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of March 18, 2008 ITEM TITLE: Joint Public Hearing on the 2007 Comprehensive Plan Amendments and Rezone Requests SUBMITTED BY: William R. Cook, Director of Community and Economic Development Department CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner (576 -6315) SUMMARY EXPLANATION: Ten applications were received from private property owners requesting amendments to the Urban Area Comprehensive Plan and the rezoning of their property. All 2007 applications concern properties located within the City of Yakima. As required, you have been provided with a binder that contains the complete record of the review and comments for each of the ten applications. Each tab contains the history of one request. Each tab includes a map of the property proposed for change. We will review these changes during our staff presentation at the hearing. On January 9, 2008, the Regional Planning Commission formally adopted their written findings and recommendations for the approval on nine (9) of the following ten (10) 2007 (continued on next page) Resolution Ordinance(s) one (1) for Comprehensive Plan and nine (9) for the individual rezones Other (Specify) Council Action Agenda approving Amendments (item #X), RPC Written Recommendations for Approval, Maps of Amendment sites, Ordinance approving Comprehensive Plan and Ordinances effecting the rezoning of nine of the properties available Monda March 17 20 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: (A) Accept the Regional Planning Commission's written findings and recommendations for the Comprehensive Plan changes and adopt the ordinance provided and (B) adopt the Hearing Examiner's recommendation for each of the nine rezones recommended and adopt the ordinances for each of the recommended nine BOARD /COMMITTEE/COMMISSION RECOMMENDATION: On January 9, 2008, the Regional Planning Commission recommended approval of nine of the ten requested Comprehensive Plan amendments. On November 1, 2 and 23` the Hearing Examiner issued his recommendations for the approval of the nine of the ten requested rezones. COUNCIL ACTION: Urban Area Comprehensive Pian amendment applications. The Commission recommended denial of one of the ten applications that requested an amendment to the Comprehensive Plan. In addition to their requested amendments of the Comprehensive Plan the applicants concurrently requested the rezoning of their property. The Hearing Examiner held the required public hearings for these rezones and has recommended the approval of nine of the ten which were submitted.. Following your actions on the Comprehensive Plan Amendments, which is approved by one vote and the passage of a single ordinance, you will be asked to consider each of the ten applications in their turn. Should you choose to accept the Hearing Examiner's recommendations for these rezones the implementing ordinances should also be adopted. • CPA # 1 -07 APPLICANT: Walter & Virginia Mick LOCATION: SE Comer of 64 Avenue & Washington Avenue REQUEST: Change the Future Land Use Map from Low Density Residential to Arterial Commercial. Future zoning would be Small Convenience Center (SCC), if the amendment is approved. RECOMMENDATION: Approval CPA # 2 -07 APPLICANT: The Noel Corporation LOCATION: 1015 S. 5 Avenue & Vicinity of S. 5 Avenue & W. Nob Hill Boulevard REQUEST: Change the Future Land Use Map from Low Density Residential to Neighborhood Commercial. Future zoning would be Small Convenience Center (SCC) if the . amendment is approved. RECOMIVIENDATION: Approval with conditions CPA # 3 -07 APPLICANT: Linc Properties /Brashen Yakima, LLC LOCATION: 1214 -1230 S. First Street REQUEST: Change the Future Land Use Map from Industrial to Arterial Commercial. Future zoning would be Central Business District (CBDS) if the amendment is approved. RECOMMENDATION: Approval CPA # 4 -07 APPLICANT: Roy Johnson LOCATION: 4906 Summitview Avenue REQUEST: Change the Future Land Use Map from Low Density Residential to High Density Residential on the southern portion of the property, and Neighborhood Commercial on the northern portion of the property. Future zoning would be Multi - Family Residential (R - 3) on the south, and Local # " Business (B -2) on the north if the amendment is approved. RECOMMENDATION: Approval CPA # 5 -07 APPLICANT: A &N Investment & Rental Properties, LLC LOCATION: 716, 718 S. 6 Street and 507 E. Adams Street REQUEST: Change the Future Land Use Map from Low Density Residential to Neighborhood Commercial. Future zoning would be Local Business (B -2) if the amendment is approved. RECOMMENDATION: Approval CPA #6 -07 APPLICANT: James L D Thomas LOCATION: 5609 Tieton Drive REQUEST: Change the Future Land Use Map from Medium Density Residential to Neighborhood Commercial to bring the northern portion of the parcel that has a split- zoning designation into conformance with the southern portion of the parcel. Future zoning would be Local Business (B -2) if the amendment is approved. RECOMMENDATION: Approval CPA # 7 -07 APPLICANT: Summit Crest Construction LOCATION: 4600 Summitview Avenue REQUEST: Change the Future Land Use Map from Low Density Residential to Neighborhood Commercial. Future zoning would be Local Business (B -2) if the amendment is approved. • RECOMMENDATION: Approval CPA #8-07 APPLICANT: Des Mathis LOCATION: 2013, 2015 Willow Street and 2018 Fruitvale Boulevard REQUEST: Change the Future Land Use Map from Medium Density Residential and Arterial Commercial to Arterial Commercial. Future zoning would be Central Business District Support (CBDS) if the amendment is approved. RECOMMENDATION: Approval i • CPA # 9 -07 APPLICANT: Bill Chichenoff et al LOCATION: 1007, 1009, 1101, 1103, 1105 W. Washington Avenue REQUEST: Change the Future Land Use Map from Medium Density Residential to Neighborhood Commercial. Future zoning would be Local Business (B -2) if the amendment is approved. RECOMMENDATION: Approval CPA # 10 -07 APPLICANT: Yakima Temple Building Association /Michael Kim LOCATION: 2412 & 2506 W. Mead Avenue REQUEST: Change the Future Land Use Map from Low Density Residential to High Density Residential. Future zoning would be Local Business (R -3) if the amendment is approved. RECOMMENDATION: Denial