HomeMy WebLinkAbout1999-021 REZONE TWO PARCELS, 1117 AND 1119 LEDWICH AVENUE. Return To:
Yakima City Clerk
Attn: Shields Bag and Printing Rezone
129 N. 2nd Street
Yakima, WA 98901
Document Title: Ordinance No. 99 -21
Grantor: City of Yakima
Grantee: Shields Bag and Printing [UAZO RZ #11 - 98]
Legal Description: Lots 9 and 10, Block 2, Terminal Addition, as recorded in
Volume "I" of Plats, Page 47, Reoords_of Yakima, County Washington.
Parcel Numbers: #191330 -31469 and #191330 -31470
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CITY OF YAKIMA ORD. 99 -21 ORD $22.00 Yakima Co, WA
' Y
ORDINANCE NO. 99- 21
AN ORDINANCE concerning land use and . zoning; and subject to conditions,
rezoning two parcels (approximately half an acre) in the
vicinity of 1117 and 1119 Ledwich Avenue from Two - Family
Residential (R -2) to Light Industrial (M -1), and amending the
Official Yakima Urban Area Zoning Map accordingly.
WHEREAS, Shields Bag and Printing Company ( "Applicant") has requested
amendment of the Official Yakima Urban Area Zoning Map to rezone two parcels in
the vicinity of 1117 and 1119 Ledwich Avenue (Yakima County Assessor's Parcel
#191330 -31469 and 191330 - 31470) (referred to below as "the Subject Property ") from
Two- Family Residential (R -2) to Light Industrial (M -1) to allow the Applicant to use
the Subject Property for truck trailer parking, staging and storage; and
WHEREAS, on February 25, 1999, the City of Yakima Hearing Examiner conducted
a duly convened, open - record public hearing regarding the requested rezone (UAZO
RZ #11 -98), and after considering the.contents of the file and evidence received at the
public hearing, issued his Examiner's Recommendation, Examiner No. 1U99 -2 -5,
dated March 12, 1999; and
WHEREAS, the Hearing Examiner recommended that, subject to certain conditions
stated on page 4 of the Hearing Examiner's Recommendation, the Subject Property
should be rezoned from Two- Family Residential (R -2) to Light Industrial (M -1); and
WHEREAS, at its regular public meeting on April 20, 1999, the City Council duly
considered the requested rezone and the Hearing Examiner's Recommendation; and
WHEREAS; after considering the Hearing Examiner's Recommendation, the
contents of the file, and the statements of interested persons, the City Council finds
with respect to the requested rezone, that, subject to the conditions stated on page 4 '
of the Hearing Examiner's Recommendation:
1. The Subject Property is suitable for truck trailer parking, staging and storage as
permitted in the Light Industrial (M -1) zoning district;
2. There exists a public need for the requested rezone;
3. Circumstances have changed since the existing zoning was established which
now make the requested rezone appropriate; and
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4. The requested rezone is consistent with and complies with:
a. The requirements and considerations set forth in chapter .15.23 of the Yakima
Municipal Code;
b. The goals and policies of the Yakima Urban Area Comprehensive Plan;
c. The intent of the Yakima Urban Area Zoning Ordinance;
d. Other applicable land use controls; and
WHEREAS, subject to the conditions stated on page 4 of the Hearing Examiner's
Recommendation, it is in the best interests of the City to adopt the Hearing
Examiner's findings and conclusions and recommendation to approve the ,requested
rezone to allow the Applicant to use the Subject Property for truck trailer parking,
staging and storage; now, therefore,
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BE IT ORDAINED ,BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts the findings, conclusions and
recommendations of the Hearing Examiner's Recommendation, Examiner No. IU99-
2-5, dated March 12, 1999, and incorporates that Hearing Examiner's
Recommendation by reference as part of this ordinance.
Section 2. Regarding the Subject Property, which is located in the vicinity of 1117
and 1119 Ledwich Avenue in Yakima, Washington, and legally described as:
Lots 9 and 10, Block 2, Terminal Addition, as recorded in Volume "I" of
Plats, Page 42, Records of Yakima County, Washington.
Yakima County Assessor's Parcel #191330 -31469 and 191330 -31470
the City Council finds formally that, for the uses described by the Applicant, and
subject to the conditions stated in this ordinance and subject to the owner's
satisfaction of all duties under the attached Development Agreement, which is
incorporated by reference:
1. Both parcels which comprise the Subject Property are suitable for truck trailer
parking, staging and storage as permitted in the Light Industrial (M -1) zoning
district;
2. There exists a public need for the requested rezone; .
3. Circumstances have changed since the existing zoning was established which
now make the requested rezone appropriate; and
4. The requested rezone is consistent with and complies with:
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CITY OF YAKIMA ORD. 99 -21 ORD $22.00 WMa1E9 WA`41A
a. The requirements and considerations set forth in Chapter 15.23 Yakima
Municipal Code;
b. The goals and policies of the Yakima Urban Area Comprehensive Plan;
c. The intent of the Yakima Urban Area Zoning Ordinance; and
d. Other applicable land use controls.
Section 3. The Official Yakima Urban Area Zoning Map shall be amended to
rezone the Subject Property from Two- Family Residential (R -2) to Light Industrial
(M -1) when and if the conditions precedent established by this ordinance are
satisfied. It shall be the responsibility of the owner to request in writing addressed to
the Manager of the City Planning Division that the City inspect the property to verify
satisfaction of the conditions precedent for each lot. The Official Yakima Urban Area
Zoning Map shall be amended only after the City verifies the owner's satisfaction of
the conditions precedent. It is anticipated that the conditions precedent may be
satisfied relatively soon for Lot 9, which is now vacant, and that Lot 9 may in those
circumstances be remapped relatively soon. Lot 10 is improved with a house and is
currently used for a residence. Lot 10 may be continued in residential use for some
. indefinite period, subject to the three -year limitation stated below. When the owner
converts Lot 10 from residential use to truck trailer parking, staging and storage as
approved by this ordinance, and satisfies the relevant conditions precedent as they
relate to Lot 10, then and only then shall Lot 10 be remapped from R -2 to M -1.
Section 4. General Conditions: The rezone approval granted by this ordinance is
expressly conditioned on the Applicant's satisfaction of each and every condition 1-4
stated on page 4 of the Hearing Examiner's Recommendation. M -1 uses other than
truck trailer parking, staging and storage may not be compatible with adjacent
residential uses, and separate rezone evaluation under applicable development
regulations shall be required for any M -1 uses of the subject property other than
truck trailer parking, staging and storage.
Section 5. Conditions Precedent As to each parcel, the rezone approval granted
by this ordinance is made expressly subject to the following conditions precedent
1. For each lot, a request for property merger to merge the lot with the adjacent
industrial zoned property to the east must be filed and approved by the
Yakima County Assessor and the City Planning Division. If the lots which -
comprise the Subject Property are converted at different times to Light
Industrial use for truck trailer parking, staging and storage as allowed by this
ordinance, both should eventually be merged together into one of the existing
adjacent industrially zoned lots.
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2. The Subject Property must be enclosed by a 6- to 8-foot-high chain link fence
along the Ledwich Avenue street frontage and the southern property line of
the Subject Property, with landscaping (such as arborvitae) and irrigation on
the outside perimeter of the fence, all as first approved by the City Planning
Division. If the lots which comprise the Subject Property are converted at
different times to Light Industrial use for truck trailer parking, staging and
storage as allowed by this ordinance, these fence, arborvitae, and irrigation
improvements shall apply simply to the first lot to be converted but should
eventually bound the western and southern sides of the Subject property
without dividing it.
Section 6. Final site plans, including the items shown on the original site plan, and
additions or modifications required by this ordinance, and demonstrating
compliance with the Urban Area Zoning Ordinance, shall be submitted to the City
Planning Division prior to issuance of a Certificate of Zoning Review or building
permit, pursuant to YMC 15.12.050. A 24- foot -wide fire lane must be established
along the interior fence line, with no buildings or outside storage allowed within this
fire -lane setback. There shall be no industrial use driveways for either lot. The
current driveway for the residential use of Lot 10 may continue until the owner
converts Lot 10 from residential use to truck trailer parking, staging and storage as
approved by this ordinance. If, for either lot, the conditions precedent specified in
this ordinance and applicable to that lot are not satisfied within three years after the
effective date of this ordinance, the rezone approval provided by this ordinance for
that lot shall expire.
Section 7. The rezone provided by this ordinance shall be reported to the Regional
Planning Commission with the City Council's direction that the Yakima Urban Area
Comprehensive Plan Future Land Use Map should be amended during the next
cycle of Comprehensive Plan Amendments to maintain a proper relationship
between it and the Official Yakima Urban Area Zoning Map.
Section 8. The City Clerk is here by authorized and directed to file with the Yakima
County Auditor a certified copy of this ordinance.
Section 9. Subject to the foregoing provisions and conditions, 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, and this action shall be final and
conclusive unless within 21 days from the date this ordinance is passed by the City
Council an aggrieved party commences proceedings for review pursuant to the
provisions of Chapter 36.70C RCW.
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CITY OF YAK MA ORD. 99 -21 ORD $22.99 Yakima Co, WA
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this 18th day of May, 1999.
S/ JOHN PUCCINELU
John Puccinelli, Mayor
ATTEST:
KAREN S, ROBERTS CMS.
City Clerk
Publication Date: 5 - 21 - 99
Effective Date: 6 - 20 - 99
C: \ word \rezones \shields ledwich ave \ord.doc Last printed 05/13/99 3:27 PM
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ORDINANCE: REZONE APPROVAL
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APR C/ Ty OF 5 19 99
REZONE APPLICATION ) p �1ll y /A,, 11 0414
) S RECOMMENDATION C D /V
by . )
SHIELDS BAG AND PRINTING ) Rezone No: 11-98
COMPANY )
Examiner No. 1U99-2-5
The Examiner conducted a public hearing on the Shields Bag and Printing Company rezone
application for properties at 1117 and 1119 Ledwich Avenue on February 25, 1999. The staff report
presented by Supervising Planner Joan Davenport recommended approval of the proposed rezone of
the properties from R-2 to M-1, subject to conditions. The Examiner inspected the property prior to
the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends approval of the
proposed rezone of the properties from R-2 to M -1, subject to conditions.
Based on the on -site inspection, the matters contained in the official record, including the staff
report, a review ofboth the Yakima Urban' Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordnance, and evidence received at the hearing, the Examiner makes the following:
FINDINGS
1. Applicant: Shields Bag and Printing Company
2. Location. 1117 and 1119 Ledwich Avenue. The legal description is:
Lots 9 and 10, Block 2, Terminal Addition, as recorded in Volume. `m' of Plats, Page
42, Records of Yakima County, Washington.
3. Application. Land Use and Zoning Application and Supplemental Application for
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Rezone dated July 9, 1998.
4. Proposed Zone and Nominal Objective for Rezone. The applicant proposes that
the zoning of the subject properties be changed from R-2 (Two-Fa Residential) to M-1 (Light
Industrial) in order to allow for more efficient use of its assets. More efficient use of its assets allows
the applicant to enhance its economic position_ Initially, the applicant applied for rezoning of the
subject properties and other adjacent properties to M -2. Agency and departmental comments on
record respond to the potential for heavy industrial use of the property, but the applicant modified its
application as reflected above.
5. Proposed Use and Impacts. The applicant intends to use the subject property as a
truck trailer parking, staging and storage area. The applicant has indicated no planned frequency of use
or estimate of vehicle trips per day from the proposed use. The applicant indicates that no increase in
demands on transportation or public services or ut is expected, nor will noise concerns be
increased. 1997 future land use maps designate the subject properties as residential
Rezoning will allow efficient use of the applicant's properties, particularly with regard to
product shipping practices. Staging of loaded truck traders allows for coordinated shipping in response
to truck availability. Staging and storage at the subject properties allows flexibilit' y in the use of other
properties within the applicant's complex.
Other uses allowed by M-1 zoning may be sought in the future. Effects from more intense
industrial use have not been assessed.
6. Current Uses and Zoning of the subject Property and Surrounding Properties.
The subject property is level, with the terrain on northeast corner of the property sloping away to
the northeast is located approximately 400 feet south of Nob Hill Boulevard which is a`Principal
Arterial of four lanes and carries approximately 22,800 average daily vehicle trips (two
directional). Adjoining properties have the following characteristics:
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Location Zoning Land Use
South of property R -2 Low density residential
North of property M -1 Undeveloped, owned by
Shields Bag/Rainer Plastic
storage area
East M -1, R-2 Duplexes and Shields complex
West R -2 Low density residential
Aerial photographs included in the staff report indicate the conversion of lots in the same block as
the subject property from residential to industrial use over the past five years. Nearby property
zoned M -2 was previously under valid nonconforming residential use. Lot 10 (1119 Ledwich) is
currently occupied by a- single -family residence. Lot 9 (1117 Ledwich) is currently used for truck trailer
parking and as a staging area.
The site has frontage on Ledwich Avenue, which has 50 feet of right of way with two
paved travel lanes. Ledwich Avenue is a local access street. Current access to Lot 9 is provided
thron'gh a gate off of Prasch Avenue. It is enclosed by a fence, which also encloses several other lots
on the block being used for the same purpose. The fence includes a gate on Ledwich Avenue centered
on a curb cut.
The subject properties do not contain driveways that provide access to the balance of the
applicant's complex. The nearest point of access to the main complex is near the intersection ofNob
Dill Boulevard and Ledwich Avenue.
7. Project Description. This is proposed as a non - project rezone. Any new
development projects on the property will be subject to administrative review and public hearing as
appropriate under city development regulations.
8. Utilities. The subject properties are served by domestic water and sewer lines.
9. State Environmental Policy Act. A Mitigated Determination ofNon - significance
(MDNS) was issued for the proposed rezone on December 9, 1998. No appeal of the MDNS has been
filed. Mitigation conditions were formulated to respond to 1981 Yakima Urban Area Comprehensive
Plan goals related to arterial access for industrial uses, minimizing industrial development impacts on
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the environment, and buffeting surrounding non - industrial areas from industrial uses. The MDNS was
made subject to the applicant's agreement to satisfy the following conditions:
1. No new driveway access points to the rezone area off of Ledwich Avenue.
All access to site must be from existing driveways.
2. All parcels are to be combined with the existing plant complex.
3. A 6 to 8 -foot chain link fence must be constructed along the street frontage
and the southern property line of the rezone area with landscaping and
irrigation on the outside perimeter of the fence (such as arborvitae).
4. The applicant must establish and maintain a 24 -foot wide fire -lane along
the interior fence line, with no buildings or outside storage allowed within
this fire -lane and setback area.
10. Public Notice. Public notice of the hearing was provided in accordance with the
ordinance as set forth in the staff report.
11. Testimony at Hearing. Parties presenting information at the hearing included Joan
Davenport for the City, Timothy James for Shields Bag and Printing Company, Kevin Callow for the
City, and Mike Gonzales, a neighboring homeowner. Ms. Davenport presented the staff report and
recommendation for the rezone application, including the identification of conditions on the approval
based on the Mitigated DNS.
Mr. James stated the applicant's desire to consolidate the subject parcels with its main facility
to allow more efficient management and use of the company's assets. He indicated that no new
development was currently contemplated for the properties beyond use for parking and staging.
Mr. Callow noted that new project development would require additional review in accordance
with current development regulations.
Mr. Gonzales, who lives at 1121 Ledwich Avenue, expressed concerns about the effect of the
rezone and potential future development on the value ofhis property. He further noted concerns with
new uses to which the property could be put if classified as M -1.
From the foregoing Fmdings, the Examiner makes the following:
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CONCLUSIONS
1. The Examiner has jurisdiction.
2. The considerations that bear on decisions on rezone applications are established by
YCC 15A.23.030.E. They are:
1. suitability of the property for uses permitted under the proposed zoning;
2. interested department and agency recommendations;
3. extent to which the rezone complies with goals and policies of the YUACP and the
intent of the UAZO;
4. adequacy of public facilities and services;
5. compatibility of the zone change and associated uses with the neighboring land
uses; and
6. public need for the proposed change.
2.1 Suitability of the property for uses permitted under the proposed zoning. No
documentary evidence or testimony has been presented to suggest that the subject property is not
suitable for the proposed uses. The flat grade of the land is compatible with the storage, parking,
and staging activities proposed by the applicant.
2.2 Interested department and agency recommendations. Comments and
recommendations from interested governmental agencies were related to the initial request for heavy
. industrial zoning. Many of the comments were rendered moot by the modification of the applicant's
proposaL All agencies and city departments indicate that public services are available to the site
and that this rezone would not create any difficulties for infrastructure. Traffic management
concerns are addressed in 2.1, above.
23 Extent to which the rezone complies with goals and policies of the YUACP and the
intent of the UAZO. According to the City of Yakima vesting ordinances (Ord. 98 -29 and 98 -45)
the review of this application is governed by the 1981 Comprehensive Plan for purposes of
assessing Plan compliance. The 1981 Plan land use objectives include: (1) provision of public
services in an economically responsible fashion, (3) compatibility of future development with
existing uses, and (3) land use controls are responsive to market demand rather than directing it.
(Plan, OLU -2).
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The Shields Bag & Printing complex is in an area served by public utilities, in proximity to
arterial streets and adjacent to rail access. Rezoning the subject properties and merging them with
the main complex allows expansion of the business in an area already well suited for industrial
use. With appropriate mitigation the expansion of the business allows industrial development
enhancement without significant in crease in the cost of providing public services. ( 1981
Comprehensive Plan, OLU -9). In addition, fire lane setbacks facilitate the provision of fire
response services.
Industrial use is not generally viewed as compatible with low- density residential use.
However, the 1981 Plan contemplates that light industrial development near residential uses may
be acceptable if conflicts can be resolved. (OLU -10). Industrial access is discouraged on local
access streets, especially if truck traffic traverses a residential neighborhood. .- - ('1981 Yakima
Comprehensive Plan, OLU -9). The subject property located on a local access street. However,
additional truck traffic on Ledwich Avenue is can be mitigated by prohibition of new driveways
through the rezone parcels and requirements that these parcels be merged to the existing industrial
complex. Thus the parcels would be accessed directly from the existing complex.
Adjacent to these rezone parcels is some homes and duplexes within the R-2 zone. The
industrial zoning district would further encroach into the block as a result of the rezone. However,
noise and visual effects are addressed adequately by site screening and buffering requirements
imposed by the agreements to the MDNS.
Shields states that they wish to use this area for parking and storage at this time. Higher
intensity use . of this area for industrial purposes may not be compatible with the adjoining
residential use and zone.
The desirability of rezoning the property arises from the economic interests of the
applicant and, secondarily, from the general interest in encouragement of appropriately sited
industrial expansion. The rezone will therefore not inappropriately direct market value of the
property.
2.4 Adequacy ofpublic facilities and services. The proposed rezone site is served by City
of Yakima public water and regional sewer. All other utilities are available to the site.
Reservation of an area for a fire lane was required as part of the SEPA mitigation and agreed to
by the applicant.
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2.5 Compatibility of the zone change and associated uses with the neighboring land uses.
The proposed zone will be compatible with nearby industrial districts. The intended purpose of
this rezone is storage and parking. As has been discussed earlier, the screening and buffering of
the property and the requirements for access restrictions and merging of the property with the
industrial complex will mitigate conflicts with adjacent residential uses. Other uses permitted in
the M -1 zoning district may not be compatible with the adjacent residential uses and will require
separate evaluation under applicable development regulations.
2.6 Public need for the proposed change. The encouragement of responsible industrial
development in a manner an in a place that minimizes environmental impact and land use
incompatibility is an important goal under both the 1981 and 1997 comprehensive plans. No testimony
or other evidence has presented that contradicts the applicants assertion that the rezone "serves the
public need by allowing the company the opportunity to use its current assets in the most efficient
manner possible, thereby freeing up capital to serve other purposes, with the nominal intent of
improving its economic health, which in turn improves the local economy."
2.7 It follows from these considerations that the proposed rezone conforms to the goals
and policies of the Yakima Urban Area Comprehensive Plan and to the intent of the Yakima Urban
Area Zoning Ordinance. The property is suitable for uses permitted in the District. Any problems
with neighborhood compatibility can be resolved, and the proposed change conforms to the public
need.
3. As discussed above, this application is vested under the 1981 Plan. The Future
Land Use Map, adopted by the City of Yakima on April 1, 1997 indicates moderate density
residential use in this area. An amendment to the Future Land Use Map directed by the City of
Yakima is appropriate in the next cycle of Plan amendments.
Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City
Council the following:
RECOMMENDATION
Approve this rezone application, from R-2 to M-1, subject to the following conditions:
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A. Compliance with the SEPA mitigation measures of this rezone set forth in UAZO
ER #23 -98 and discussed in the Findings and Conclusions.
B. The Yalcima Urban Area Comprehensive Plan Future Land Use Map, as adopted
on November 24, 1998 should be amended to reflect Industrial land use for these two subject
parcels. This map amendment would be docketed until the next cycle of Comprehensive Plan
Amendments.
Respectfully submitted this ` t -day of il,(0(/ , 1999.
:44 'ck D. Spur
H' g Examiner Pro T = =.
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CITY OF YAKIMA, WASHINGTON
Information Services
' - GIS 0 too 200
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' FILE NO: UAZO RZ #11-98
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APPLICANT: Shields Bag and Printing Co: . Subject Property
REQUEST: Rezone two parcels from R-2 to M-1 Zoning Boundary
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-: Yakima City
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LOCATION: 1117 and 1119 Ledwich Ave
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7120298
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CITY OF YAKIMA ORD. 99-21
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. Q3
For Meeting Of May 18, 1999
ITEM TITLE: Consideration of an Ordinance for Approval with Conditions of a Rezone
Application from Shields Bag and Printing for two parcels at 1117 and 1119 Ledwich Avenue
from R -2, Two Family Reside ial to M -1, Light Industrial.
SUBMITTED BY: W ' , ok, Director
Co m y and Economic Development
CONTACT PERSON/TELEPHONE: Joan Davenport, Supervising Planner
(575 -6164)
SUMMARY EXPLANATION:
The City Council approved the above noted Rezone Application from Shields on April 20, 1999
and directed City Legal to prepare the implementing ordinance with conditions precedent, as
appropriate.
Resolution _ Ordinance XX Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL: �, \ -_
City Manager
STAFF RECOMMENDATION: Approve the Ordinance
BOARD RECOMMENDATION: Examiner recommends approval
COUNCIL ACTION:
ORDINANCE NO. 99- 21 .,
AN ORDINANCE concerning land use and zoning; and subject to conditions,
rezoning two parcels (approximately half an acre) in the
vicinity of 1117 and 1119 Ledwich Avenue from Two - Family
Residential (R -2) to Light Industrial (M -1), and amending the
Official Yakima Urban Area Zoning Map accordingly.
WHEREAS, Shields Bag and Printing Company ("Applicant") has requested
amendment of the Official Yakima Urban Area Zoning Map to rezone two parcels in
the vicinity of 1117 and 1119 Ledwich Avenue (Yakima County Assessor's Parcel
#191330 -31469 and 191330 - 31470) (referred to below as "the Subject Property ") from
Two - Family Residential (R -2) to Light Industrial (M -1) to allow the Applicant to use
the Subject Property for truck trailer parking, staging and storage; and
WHEREAS, on February 25,1999, the City of Yakima Hearing Examiner conducted
a duly convened, open - record public hearing regarding the requested rezone (UAZO
RZ #11 -98), and after considering the contents of the file and evidence received at the
public hearing, issued his Examiner's Recommendation, Examiner No. IU99 -2 -5,
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dated March 12,1999; and
WHEREAS, the Hearing Examiner recommended that, subject to certain conditions
stated on page 4 of the Hearing Examiner's Recommendation, the Subject Property
should be rezoned from Two-Family Residential (R -2) to Light Industrial (M -1); and
WHEREAS, at its regular public meeting on April 20, 1999, the City Council duly
considered the requested rezone and the Hearing Examiner's Recommendation; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the
contents of the file, and the statements of interested persons, the City Council finds
with respect to the requested rezone, that, subject to the conditions stated on page 4
of the Hearing Examiner's Recommendation: -
1. The Subject Property is suitable for truck trailer parking, staging and storage as
permitted in the Light Industrial. (M -1) zoning district- •
2. There exists a public need for the requested rezone; .
• 3. Circumstances have changed since the existing zoning was established which
now make.the requested rezone appropriate; and
ORDINANCE: REZONE APPROVAL
RZ 11 -98 — SHIELDS /LEDWICH AVENUE Page 1 of 5
4. The requested rezone is consistent with and complies with:
a. The requirements and considerations set forth in chapter 15.23 of the Yakima
Municipal Code;
b. The goals and policies of the Yakima Urban Area Comprehensive Plan;
c. The intent of the Yakima Urban Area Zoning Ordinance;
d. Other applicable land use controls; and
WHEREAS, subject to the conditions stated on page 4 of the Hearing Examiner's
Recommendation, it is in the best interests of the City to adopt the Hearing
Examiner's findings and conclusions and recommendation to approve the requested
rezone to allow the Applicant to use the Subject Property for truck trailer parking,
staging and storage; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts the findings, conclusions and
recommendations of the Hearing Examiner's Recommendation, Examiner No. IU99-
2-5, dated March 12, 1999, and incorporates that Hearing Examiner's
Recommendation by reference as part of this ordinance.
Section 2. Regarding the Subject Property, which is located in the vicinity of 1117
and 1119 Ledwich Avenue in Yakima, Washington, and legally described as:
Lots 9 and 10, Block 2, Terminal Addition, as recorded in Volume "I" of
Plats, Page 42, Records of Yakima County, Washington. •
Yakima County Assessor's Parcel #191330 -31469 and 191330 -31470
the City Council finds formally that, for the uses described by the Applicant, and
subject to the conditions stated in this ordinance and subject to the owner's
satisfaction of all duties under the attached Development Agreement, which is
incorporated by reference:
1. Both parcels which comprise the Subject Property are suitable for truck trailer
parking, staging and storage as permitted in the Light Industrial (M -1) zoning
district
2. There exists a public need for the requested rezone;
3. Circumstances have changed since the existing zoning was established which
now make the requested rezone appropriate; and
4. The requested rezone is consistent with and complies with:
ORDINANCE: REZONE APPROVAL
RZ 11 -98 -- SHIELDS /LEDWICH AVENUE Page 2 of 5
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a. The requirements and considerations set forth in Chapter 15.23 Yakima
Municipal Code;
b. The goals and policies of the Yakima Urban Area Comprehensive Plan;
c. The intent of the Yakima Urban Area Zoning Ordinance; and
d. Other applicable land use controls.
Section 3. The Official Yakima Urban Area Zoning Map shall be amended to
rezone the Subject Property from Two - Family Residential (R -2) to Light Industrial
(M -1) when and if the conditions precedent established by this ordinance are
satisfied. It shall be the responsibility of the owner to request in writing addressed to
the Manager of the City Planning Division that the City inspect the property to verify
satisfaction of the conditions precedent for each lot. The Official Yakima Urban Area
Zoning Map shall be amended only after the City verifies the owner's satisfaction of
the conditions precedent. It is anticipated that the conditions precedent may be
satisfied relatively soon for Lot 9, which is now vacant, and that Lot 9 may in those
circumstances be remapped relatively soon. Lot 10 is improved with a house and is
currently used for a residence. Lot 10 may be continued in residential use for some
indefinite period, subject to the three -year limitation stated below. When the owner
converts Lot 10 from residential use to truck trailer parking, staging and storage as
approved by this ordinance, and satisfies the relevant conditions precedent as they
relate to Lot 10, then and only then shall Lot 10 be remapped from R -2 to M -1.
Section 4. General Conditions: 'The rezone approval granted by this ordinance is
expressly conditioned on the Applicant's satisfaction of each and every condition 1-4
stated on page 4 of the Hearing Examiner's Recommendation. M -1 uses other than
truck trailer parking, staging and storage may not be compatible with adjacent
residential uses, and separate rezone evaluation under applicable development
regulations shall be required for any M -1 uses of the subject property other than
truck trailer parking, staging and storage.
Section 5. Conditions Precedent: As to each parcel, the rezone approval granted
by this ordinance is made expressly subject to the following conditions precedent
1. For each lot, a request for property merger to merge the lot with the adjacent
industrial zoned property to the east must be filed and approved by the
Yakima County Assessor and the City Planning Division. If the lots which
comprise the Subject Property are converted at different times to Light
Industrial use for truck trailer parking, staging and storage as allowed by this
ordinance, -both should eventually be merged together into one of the existing
adjacent industrially zoned lots.
ORDINANCE: REZONE APPROVAL
RZ 11 -98 — SHIELDS /LEDWICH AVENUE Page 3 of 5
2. The Subject Property must be enclosed by a 6- to 8-foot-high chain link fence
along the Ledwich Avenue street frontage and the southern property line of
the Subject Property, with landscaping (such as arborvitae) and irrigation on
the outside perimeter of the fence, all as first approved by the City Planning
Division. If the lots which comprise the Subject Property are converted at
different times to Light Industrial use for truck trailerparking, staging and
storage as allowed by this ordinance, these fence, arborvitae, and irrigation
improvements shall apply simply to the first lot to be converted but should
eventually bound the western and southern sides of the Subject property
without dividing it.
Section 6. Final site plans, including the items shown on the original site plan, and
additions or modifications required by this ordinance, and demonstrating
compliance with the Urban Area Zoning Ordinance, shall be submitted to the City
Planning Division prior to issuance of a Certificate of Zoning Review or building
permit, pursuant to YMC 15.12.050. A 24-foot-wide fire lane must be established
along the interior fence line, with no buildings or outside storage allowed within this
fire -lane setback. There shall be no industrial use driveways for either lot. The
current driveway for the residential use of Lot 10 may continue until the owner
converts Lot 10 from residential use to truck trailer parking, staging and storage as
approved by this ordinance. If, for either lot, the conditions precedent specified in
this ordinance and applicable to that lot are not satisfied within three years after the
effective date of this ordinance, the rezone approval provided by this ordinance for
that lot shall expire.
Section 7. The rezone provided by this ordinance shall be reported to the Regional
Planning Commission with the City Council's direction that the Yakima Urban Area
Comprehensive Plan Future Land Use Map should be amended during the next
cycle of Comprehensive Plan Amendments to maintain a proper relationship
between it and the Official Yakima Urban Area Zoning Map.
Section 8. The City Clerk is here by authorized and directed to file with the Yakima
County Auditor a certified copy of this ordinance.
Section 9.. Subject to the foregoing provisions and conditions, 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, and this action shall be final and
conclusive unless within 21 days from the date this ordinance is passed by the City
Council an aggrieved party commences proceedings for review pursuant to the
provisions of Chapter 36.70C RCW.
ORDINANCE: REZONE APPROVAL
RZ 11 -98 -- SHIELDS /LEDWICH AVENUE Page 4 of 5
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this 'XV+day of May, 1999.
/ John Puccinelli, Mayor
ATTEST:
City Clerk
- Publication Date:
Effective Date: —5 9 •
C: \word \rezones \shields ledwich ave \ord.doc Last printed 05/13/99 3:27 PM
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ORDINANCE: REZONE APPROVAL
RZ 11 -98 — SHIELDS /LEDWICH AVENUE Page 5 of 5