Loading...
HomeMy WebLinkAbout10/04/2011 08 2011 Comprehensive Plan Map, Text and Zoning Amendment Applications BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON _• AGENDA STATEMENT Item No. g For Meeting Of October 4, 2010 ITEM TITLE: Closed Record Public Hearing on the 2011 Comprehensive Plan Map, Text and Zoning Amendment Applications. SUBMITTED BY: Joan Davenport, Acting Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Acting Planning Manager, 575 -6042 SUMMARY EXPLANATION: For 2011 there were seven Comprehensive Plan Map Amendment requests and one text amendment to the utilities chapter of the Comprehensive Plan. These applications are as follows: • CPA #001 -11 submitted by Gerald Irwin and Jerry Maggard for property in the Vicinity of S 24 and Washington Avenues a Future Land Use Map change from Industrial to General Commercial and zoning changed to GC, General Commercial. (cont.) Resolution Ordinance X Other Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: '� 2 —/�( o� City Manager STAFF RECOMMENDATION: Accept the recommendations of the Planning Commission and adopt the accompanying ordinances. BOARD /COMMISSION RECOMMENDATION: The Yakima Planning Commission recommended their approval of the eight 2011 Comprehensive Plan and zoning amendment applications on August 24, 2011. 411) COUNCIL ACTION: CPA #002 -11 submitted by Howard Maggard for property located at 8 E Washington Avenue a Future Land Use Map change from Industrial to General Commercial and zoning changed to General Commercial. CPA # 003_ 11 submitted_by__the_.City_.of_ Yakima 's_ Office _of... Neighborhood - and - Community Development Services for property located in the vicinity of North 3rd and 4 Streets from 'R' and 'S' Streets to 1 -82 a Future Land Use Map change from Industrial to Low Density Residential and zoning changed to R -1, Single- family Residential. CPA #004 -10 submitted by Hidden Waters / Chiawana for property located at 3107 River Road a Future Land Use Map change from Professional Office to Industrial and zoning changed to Industrial. CPA #005 -11 submitted by David Trujillo for property located at 3803 & 3805 Tieton Drive a Future Land Use Map change from Low - Density Residential to Neighborhood Commercial and zoning changed to B -1, Professional Business; and CPA #006 -11 submitted by Douglas Bernd for property located at 660 North 18 Ave a Future Land Use Map change from Medium Density Residential to Industrial and zoning changed to M -1, Light Industrial. CPA #007 -11 submitted byAmerican Investment Group LLC for property located at 708 & 710 North 5 Avenue a Future Land Use Map change from High Density Residential to Neighborhood Commercial and zoning changed to B -2, Local Business CPA #008 -11 submitted by the City of Yakima's Wastewater Division for a text amendment to the utilities chapter of the Yakima Urban Area Comprehensive Plan. The procedures set forth within state law and local ordinance concerning the annual review of Comprehensive Plan and rezone applications have been completed. You have received the written recommendations of the Planning Commission which you are now requested to review in the context of this closed record public hearing. Should your concerns have been adequately addressed separate ordinances effecting these amendments are herein provided for your consideration and adoption. • Thev14 �a ORDINANCE NO. 2011- AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima and zoning as follows: changing the classification of the property located in the vicinity of S 24 and Washington Avenues, Assessor's tax parcel numbers 181335 - 24003, 24007, 24008, 24032, 24016, 24017, from Industrial to General Commercial and zoning to GC, General Commercial WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare long -range comprehensive plans pursuant to Ch. 36.70A RCW and related laws and regulations; and WHEREAS, RCW 36.70A.130 provides for continuing review and evaluation of comprehensive plans and development regulations at least every five years and for the revision or amendments to such . plans not more than once . a year but at least once every five years, with certain exceptions; and WHEREAS, RCW 36.70A.470 requires that counties and cities planning under RCW 36.70A.040 include in their development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest comprehensive plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW 36.70A.130; and WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, Gerald Irwin and Jerry Maggard have submitted an application requesting that the classification of the property legally described in Exhibit "B" and located in the in the Vicinity of S 24 and Washington Avenues (parcel nos. 181335- 24003, 24007, 24008, 24032, 24016, 24017) be changed from Industrial to General Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #001 -11 "); and zoning changed to GC, General Commercial; and WHEREAS, pursuant to YMC 16.10.030, the SEPA Administrative Official issued a Determination of Nonsignificance for this Future Land Use Map Amendment and Rezone in accordance with WAC 197 -11 -355, as required under the State Environmental Policy Act; and IIP Page 1 of 3 WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearings to review and consider the requested comprehensive plan amendments; and WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in YMC 16.10.040, the Yakima Planning Commission made a recommendation to a meeting of the City Council that the requested Comprehensive Plan . amendment described above be approved; and WHEREAS, in accordance with YMC Chapter 15.23, the Yakima Planning Commission held appropriate hearings to review and consider the requested zoning amendments; and WHEREAS, the City Council finds that the findings of the Yakima Planning Commission set forth in the recommendations in response to the requirements of Yakima Municipal Code ( "YMC ") § 15.23.030(E)(F) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, pursuant to YMC 16.10.090, on October 4, 2011, a public hearing regarding the requested comprehensive plan amendment described above-was held before a meeting of the City Council; and WHEREAS, it is in the best interests of the City to enact the following to approve this requested comprehensive plan and zoning amendment 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 August 24, 2011 findings, conclusions and recommendations of the Yakima Planning Commission for CPA #001 -11. A copy of said recommendation is attached as Exhibit "A" and is incorporated herein by this reference. Section 2. The official Future Land Use Map of the Yakima Urban Area Comprehensive Plan shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. The official Yakima Urban Area Zoning Ordinance shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 5. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. 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. Page2of3 • PASSED BY THE CIY COUNCIL at a regular meeting and signed and approved this day of October, 2011. Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: • Page 3 of 3 EXHIBIT "A" YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR CPA #001 -11 AND RZ #003 -11 August 24, 2011 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in April 2011; and WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by • citizens, property owners and /or local government; and WHEREAS For the 2011 Comprehensive Plan Amendment review process, the Department of Community & Economic Development received CPA #001 -11 requesting an amendment to the Comprehensive Plan's Future Land Use Map and RZ #003 -11 for a concurrent rezone; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is authorized to review these applications and to recommend the approval, modification or denial of each request; and WHEREAS The Yakima Planning Commission held study sessions to review this application on April 13, 2011 and June 22, 2011 and the open record public hearing was held on August 10, 2011; and WHEREAS All required public notice of this application was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and • WHEREAS The recommendation for this Future Land Use Map amendment is based upon the criteria specified in YMC 16.10.040; and • WHEREAS The recommendation for the concurrent rezone is based upon the criteria specified in YMC Subsection 15.23.030(E); and WHEREAS The Yakima Planning Commission concluded its consideration of this application on August 10, 2011. APPLICANT: Jerry Maggard and Jere Irwin LOCATION: Vicinity of S 24 & W Washington Avenues PARCEL NO: 181335- 24003, 24007, 24008, 24032, 24016, 24017 Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 10, 2011; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The applicants requests a change in the Future Land Use Map from Industrial to • Neighborhood Commercial and a concurrent rezone from B -1, Professional Business and M -1, Light Industrial to GC, General Commercial. The subject property is situated northwest of the intersection of S 24 Avenue and West Washington Avenue and can be accessed from either street. The six parcels currently contain several residential structures, small outbuildings and one Quonset hut that has been used commercially in the past. All necessary public utilities are available at this location. Public facilities provided include City of Yakima police, fire protection and public transit. This map amendment and rezone is a non - project related application; however, when a project is submitted for development at this site a critical area review will be necessary because of the properties proximity to Wide Hollow Creek This is a relatively minor request and does not appear to present any adverse consequences for adjacent jurisdictions or service providers. Because of the small land area involved, there are no significant issues related to the request; consequently, this request will not significantly contribute to the cumulative impacts of other Comprehensive Plan amendments. • This proposal meets the County -wide Planning Policies and intent of the Growth • Management Act because it will allow for better compatibility and consistency with adjacent properties. A final Determination of Nonsignificance (DNS) was issued by the City of Yakima for this application on July 13, 2011, after a 20 -day comment period. The appeal period expired on July 27, 2011, without any appeals. CONCLUSIONS 1. The amendment is minor in nature. 2. No adverse impacts have been identified by this amendment request. 3. No written comments or testimony was received in opposition to the, proposed action. 4. The property is currently served by all necessary public utilities needed for future commercial development. 5. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the amendment request from Industrial to Neighborhood Commercial and the rezone request from M -1, Industrial and B -1, Professional Business to GC, General Commercial. The mo ' • Y arried by a 6/0 vote. e oval, Ch an Date Yakima Pia • °ng e mission --- 6 71/4 A( • • EXHIBIT "B" LEGAL DESCRIPTION THAT PART OF THE NORTHEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35 TOWNSHIP 13 NORTH, RANGE 18, EAST W.M. LYING SOUTH OF WIDE HOLLOW CREEK AND THAT PART OF THE NORTH 63 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 EXCEPT THE EAST 30 FEET FOR STREET AND EXCEPT THE RIGHT - OF -WAY FOR WASHINGTON AVENUE AND THAT PART OF THE NORTH 62.5 FEET OF THE SOUTH 596 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35 TOWNSHIP 13 NORTH, RANGE 18, EAST W.M. LYING EASTERLY OF WASHINGTON AVENUE AND EXCEPT THE EAST 30 FEET FOR STREET AND THE NORTH 62.5 FEET OF THE SOUTH 533.5 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35 TOWNSHIP 13 NORTH, RANGE 18, EAST W.M. LYING EASTERLY OF WASHNGTON AVENUE EXCEPT THE EAST 30 FEET FOR ROAD AND THE NORTH 73 FEET OF SOUTH 471 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35 TOWNSHIP 13 NORTH, RANGE 18, EAST W.M. LYING EASTERLY OF WASINGTON AVENUE EXCEPT THE EAST 176 FEET AND THE NORTH 73 FEET OF SOUTH 471 FEET OF THE WEST 146 FEET OF THE EAST 176 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35 TOWNSHIP 13 NORTH, RANGE 18, EAST W.M. AND THE NORTH 74.5 FEET OF THE SOUTH 398 FEET OF THE EAST 340 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35 TOWNSHIP 13 NORTH, RANGE 18, EAST W.M. LYING EASTERLY OF WASHINGTON AVENUE EXCEPT FOR CITY STREET. Page4of3 V-ewi gis ORDINANCE NO. 2011 - AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima and zoning as follows: changing the classification of property located at 8 E Washington Avenue, Assessor's tax parcel number 191331 - 41408, from Industrial to General Commercial and zoning to GC, General Commercial. WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare long -range comprehensive plans pursuant to Ch. 36.70A RCW and related laws and regulations; and • WHEREAS, RCW 36.70A.130 provides for continuing review and evaluation of comprehensive plans and development regulations at least every five years and for the revision or amendments to such plans not more than once a year but at least once every five years, with certain exceptions; and WHEREAS, RCW 36.70A.470 requires that counties and cities planning under RCW 36.70A.040 include in their development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest comprehensive plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW 36.70A.130; and WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, Howard Maggard, has submitted an application requesting that the classification of the property legally described in Exhibit "B" and located at 8 E Washington Avenue (parcel no. 191331 - 41408) be changed from Industrial to General Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #002-11"); and zoning changed to General Commercial; and WHEREAS, pursuant to YMC 16.10.030, the SEPA Administrative Official issued a Determination of Nonsignificance for this Future Land Use Map Amendment and Rezone in accordance with WAC 197 -11 -355, as required under the State • Environmental Policy Act; and Page 1 of 3 WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearings to review and consider the • requested comprehensive plan amendments; and WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in YMC 16.10.040, the Yakima Planning Commission made a recommendation to a meeting of the City Council that the requested comprehensive plan amendment described above be approved; and WHEREAS, in accordance with YMC Chapter 15.23, the Yakima Planning Commission held an appropriate hearing to review and consider the requested zoning amendment; and WHEREAS, the City Council finds that the findings of the Yakima Planning Commission set forth in the recommendations in response to the requirements of Yakima Municipal Code ( "YMC ") § 15.23.030(E)(F) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, pursuant to YMC 16.10.090, on October 4, 2011, a public hearing regarding the requested comprehensive plan amendments described above was held before a meeting of the City Council; and WHEREAS, it is in the best interests of the City to enact the following to approve the requested comprehensive plan and zoning amendment described above, now, 410 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 August 24, 2011 findings, conclusions and recommendation of the Yakima Planning Commission for CPA #002 -11. A copy of said recommendation is attached as Exhibit "A" and is incorporated herein by this reference. Section 2. The official Future Land Use Map of the Yakima Urban Area Comprehensive Plan shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. The official Yakima Urban Area Zoning Ordinance shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Page2of3 Section 5. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. 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 CIY COUNCIL at a regular meeting and signed and approved this day of October, 2011. • Micah Cawley, Mayor ATTEST: • 110 City Clerk Publication Date: Effective Date: Page3of3 • EXHIBIT "A" YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR CPA #002 -11 AND RZ #001 -11 August 24, 2011 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in April 2011; and WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by citizens, property owners and /or local government; and WHEREAS For the 2011 Comprehensive Plan Amendment review process, the Department of Community & Economic Development received CPA #002 -11 requesting an amendment to the Comprehensive Plan's Future Land Use Map and RZ #001 -11 for a concurrent rezone; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is authorized to review these applications and to recommend the approval, modification or denial of each request; and WHEREAS The Yakima Planning Commission held study sessions to review this application on April 13, 2011 and June 22, 2011 and the open record public hearing was held on August 10, 2011; and WHEREAS All required public notice of this application was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and WHEREAS The recommendation for this Future Land Use Map amendment is based upon the criteria specified in YMC 16.10.040; and WHEREAS The recommendation for the concurrent rezone is based upon the criteria specified in YMC Subsection 15.23.030(E); and WHEREAS The Yakima Planning Commission concluded its consideration of this application on August 10, 2011. APPLICANT: Howard Maggard LOCATION: 8 E Washington Avenue PARCEL NO: 191331 -41408 Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 10, 2011; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The applicant requests a change in the Future Land Use Map from Industrial to General Commercial and a concurrent rezone from M -1, Light. Industrial to GC, General Commercial. The subject property is approximately .53 acres in size and situated on the south side of W. Washington Avenue adjacent to the BNSF railroad tracks. The two story structure on this site was constructed as an office building in approximately 1980. The adoption of Industrial zoning for this site in 1986 meant that most non- industrial uses were not permitted or required either Class (2) or (3) land use review. All required public utilities (sewer, water, irrigation, street lighting and fire hydrants) are presently available to the property. Public facilities provided include City of Yakima police, fire protection and public transit. The requested change in land use designation from industrial to commercial is consistent with the Yakima Urban Area Comprehensive Plan and amendments because the proposal meets many of the goals, objectives and policies of the Plan which are listed in the General Development Public Services, Commercial Development, Land Use, Transportation, Utilities and Capital Facilities Elements • of the Comprehensive Plan. This is a relatively minor request and does not appear to present any adverse consequences for adjacent jurisdictions or service providers. Because of the small land area involved, there are no significant issues related to the request. This proposal meets the County -wide Planning Policies and intent of the Growth Management Act because it directs urban growth to an existing urban area and encourages development in an area where all urban level services and facilities are provided. YAKIMA PLANNING COMMISSION'S CONCLUSIONS 1. The amendment is minor in nature. 2. No adverse impacts have been identified by this amendment request. 3. No written comments or testimony was received in opposition to the proposed action. 4. The property is currently served by all necessary public utilities needed for future commercial development. 5. A commercial designation would better reflect the current of the subject property. 6. Approval of this request will not affect the cumulative impacts of other • Comprehensive Plan applications. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the amendment request from Industrial to General Commercial and a concurrent rezone fro 1, Light Industrial to GC, General Commercial. The motion carried • , a • i vote. 0 / 9/6/11 en Shoval, air r•. Date Yakima Planning Commission LEGAL DESCRIPTION EXHIBIT "B" LOT 1 OF SHORTPLAT 82 -24 • Page 4of3 ORDINANCE NO. 2011 - AN ORDINANCE concerning land use regulation . and comprehensive planning and amending the Future Land Use Map of the City of Yakima and zoning as follows: changing the classification of property located in the vicinity of North 3 & 4 Streets from 'R' &''S' Streets to 1 -82, Assessor's tax parcel numbers 191307 - 32401, 32403, 33002, 33003, 33017, 33014, 33443, 33440, 33439, 33437, 33442,33444, 33450, 33451, 33506, 33507, 33452, 33453, 33454, 33445, 33446, 33401, 33510, 33404, 33405, 33503, 33504, 33400, 33523, 33524, 33525, 33526, 33527, 33528, 33522, 33521, 33520 and 33519 from Industrial to Low Density Residential and zoning to R -1, Single- family residential. WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare long -range comprehensive plans pursuant to Ch. 36.70A RCW and related laws and regulations; and WHEREAS, RCW 36.70A.130 provides for continuing review and evaluation of • comprehensive plans and development regulations at least every five years and for the revision or amendments to such plans not more than once a year but at least once every five years, with certain exceptions; and WHEREAS, RCW 36.70A.470 requires that counties and cities planning under RCW 36.70A.040 include in their development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest comprehensive plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW 36.70A.130; and WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, The City of Yakima's Office of Neighborhood and Community Development Services, has submitted an application requesting that the classification of the property legally described in Exhibit "B" and located in the vicinity of North 3r and 4 Streets from 'R' and 'S' Streets to 1 -82 (parcel nos. 191307- 32401, 32403, 33002, 33003, 33017, 33014, 33443, 33440, 33439, 33437, 33442, 33444, 33450, 33451, 33506, 33507, 33452, 33453, 33454, 33445, 33446, 33401, 33510, 33404, 33405, 33503, 33504, 33400, 33523, 33524, 33525, 33526, 33527, 33528, 33522, 33521, 33520 and 33519) be • changed from Industrial to Low Density Residential on the Future Land Use Map of the Page 1 of 3 Yakima Urban Area Comprehensive Plan (hereinafter "CPA #003-11"); and zoning changed to R -1, Single- family residential; and • WHEREAS, pursuant to YMC 16.10.030, the SEPA Administrative Official issued a Determination of Nonsignificance for this Future Land Use Map Amendment and Rezone in accordance with WAC 197 -11 -355, as required under the State Environmental Policy Act; and WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearings to review and consider the requested comprehensive plan amendments; and WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in YMC 16A0.040, the Yakima Planning Commission made a recommendation to a meeting of the City Council that the requested comprehensive plan amendment described above be approved; and WHEREAS, in accordance with YMC Chapter 15.23, the Yakima Planning Commission held appropriate hearings to review and consider the requested zoning amendment; and WHEREAS, the City Council finds that the findings of the Yakima Planning Commission set forth in the recommendations in response to the requirements of Yakima Municipal Code ( "YMC ") § 15.23.030(E)(F) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, pursuant to YMC 16.10.090, on October 4, 2011, a public hearing • regarding the requested comprehensive plan amendments described above was held before a meeting of the City Council; and WHEREAS, it is in the best interests of the City to enact the following to approve this requested comprehensive plan and zoning amendment 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 August 24, 2011 findings, conclusions and recommendation of the Yakima Planning Commission for CPA #003 -11. A copy of said recommendation is attached as Exhibit "A" and is incorporated herein by this reference. Section 2. The official Future Land Use Map of the Yakima Urban Area Comprehensive Plan shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. The official Yakima Urban Area Zoning Ordinance shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. • Page2of3 Section 5. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. 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 CIY COUNCIL at a regular meeting and signed and approved this day of October, 2011. Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: • Page3of3 • EXHIBIT "A" • YAKIMA PLANNING COMMISSION • • RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR CPA #003 -11 AND RZ #004 -11 • August 24, 2011 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in April 2011; and • WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by citizens, property owners and /or local government; and WHEREAS For the 2011 Comprehensive Plan Amendment review process, the Department of Community & Economic Development received CPA #003 -11 requesting an • amendment to the Comprehensive Plan's Future Land Use Map and RZ #004 -11 for a concurrent rezone; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is authorized to review these applications and to recommend the approval, modification or denial of each request; and WHEREAS • The Yakima. Planning Commission held study sessions to review this application on April 13, 2011 and June 22, 2011 and the open record public hearing was held on August 24, 2011; and WHEREAS All required public notice of this application was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and • 2011 Yakima Planning Commission 1 Comprehensive Plan Amendment and Rezone Recommendations WHEREAS The recommendation for this Future Land Use Map amendment is based upon the • criteria specified in YMC 16.10.040; and WHEREAS The recommendation for the concurrent rezone is based upon the criteria specified in YMC Subsection 15.23.030(E); and WHEREAS The Yakima Planning Commission concluded its consideration of this application on August 24, 2011. APPLICANT: City of Yakima /OIC LOCATION: Vicinity of 3 and 4 Streets from "R" Street and "S" Street to 1 -82 PARCEL NOS: 191307- 32401, 32403, 33002, 33003, 33017, 33014, 33443, 33440, 33439, . 33437, 33442, 33444, 33450, 33451, 33506, 33507,33452, 33453, 33454, 33445, 33446, 33401, 33510, 33404, 33405, 33503, 33504, 33400, 33523, 33524, 33525, 33526, 33527, 33528, 33522, 33521, 33520 and 33519 Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 10, 2011; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The applicant's request a change in the Future Land Use Map from Industrial to Low Density Residential and a concurrent zoning change from M -1, Light Industrial to R -1, Single - Family Residential. The subject property is situated in an area that currently has or is or can be readily served with the infrastructure necessary to support low density residential development. Furthermore other properties within the subject area currently reflect residential land uses. This rezone would eliminate future concerns about the zoning being incompatible with residential uses. Approximately two- thirds of the land area involved is currently developed with a mixture of residential and faith -based land uses. The remaining third of the land area is vacant. The proposed rezone will bring the future land use designation and zoning into conformity with existing land use. All required public utilities (sewer, water, irrigation, street lighting and fire hydrants) are presently available to the property. • 2011 Yakima Planning Commission Comprehensive Plan Amendment 2 and Rezone Recommendations Public facilities provided include Yakima School District, K-12 public schools, City of • Yakima police, fire protection and public transit. The proposal better implements applicable Comprehensive Plan goals than the current Comprehensive Plan Future Land Use map in that it would recognize the existing and historical use of the property and make the subject property consistent with actual use. This is an isolated request and does not appear to present any adverse consequences for adjacent jurisdictions or service providers. Because of the relatively small land area involved, there are no significant issues related to the request. This proposal meets the County -wide Planning Policies and intent of the Growth Management Act because it will provide for additional low to moderate income housing and promote urban infill. . A Determination of Nonsignificance (DNS) was issued by the City of Yakima on June 16, 2011 for this non - project related application, after a 20 -day comment period a notice of determination retention was issued on July 8, 2011. The appeal period expired on July 28, 2011, without any appeals. YAKINIA PLANNING COMMISSION'S CONCLUSIONS 1. The amendment is minor in nature. • 2. No adverse impacts have been identified by this amendment request. 3. No written comments or testimony was received in opposition to the proposed action. 4. The property is currently served by all necessary public utilities needed for residential and uses. 5. A residential designation will better reflect the current and anticipated use of the subject property. 6. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the Comprehensive Plan amendment request from Industrial to Low Density Residential and concurr- ;t rezone to R -1, Single -f. ...ly residential. The motion carried by a 4/0 vote. A -'/ 141(1 :en ov- , air► Date Yakima Plannin' ommission • 2011 Yakima Planning Commission 3 Comprehensive Plan Amendment and Rezone Recommendations - • EXHIBIT "B" • THAT PORTION OF GOVERNMENT LOT 4 IN SECTION 7, TOWNSHIP 13 NORTH, RANGE 19, EAST W.M. LYING SOUTHERLY OF THE RIGHT -OF -WAY FOR INTERSTATE 82; AND BLOCKS 1 THROUGH 6 OF HINES SUBDIVISION OF LOT 9, PARK ADDITION TO NORTH YAKIMA (NOW YAKIMA) AS RECORDED IN VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY, WASHINGTON; EXCEPTING THEREFROM LOTS 7 AND 8 OF BLOCK 3 AND LOTS 5 AND 6OFBLOCK6; AND BLOCKS 1 AND 2 OF BECKER'S SUBDIVISION OF LOT 8, PARK ADDITION TO NORTH YAKIMA (NOW YAKIMA) AS RECORDED IN VOLUME "B" OF PLATS, PAGE 3, RECORDS OF YAKIMA COUNTY WASHINGTON; EXCEPTING THEREFROM LOTS 5 AND 6 OF BLOCK 2. • • • Page4of3 TI-avt g 41) ORDINANCE NO. 2011- AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima and zoning as follows: changing the classification of property located at 3107 River Road, Assessor's tax parcel numbers 181310 - 44003, 181311- 33401 and 181315 - 11021, from Professional Office to Industrial and zoning to M -1, Light Industrial. WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare Tong -range comprehensive _plans pursuant to Ch. 36.70A RCW and related laws and regulations; and WHEREAS, RCW 36.70A.130 provides for continuing review and evaluation of comprehensive plans and development regulations at least every five years and for the revision or amendments to such plans not more than once a year but at least once every five years, with certain exceptions; and WHEREAS, RCW 36.70A.470 requires that counties and cities planning under RCW 36.70A.040 include in their development regulations a procedure for any ® interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest comprehensive plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW 36.70A.130; and WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, Hidden Waters /Chiawana, has submitted an application requesting that the classification of the property legally described in Exhibit "B" and located at 3107 River Road (parcel nos. 181310- 44003, 181311 -33401 and 181315- 11021) be changed from Professional Office to Industrial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #004 -10 "); and zoning changed to Industrial; and WHEREAS, pursuant to YMC 16.10.030, the SEPA Administrative Official issued a Determination of Nonsignificance for this Future Land Use Map Amendment and Rezone in accordance with WAC 197 -11 -355, as required under the State Environmental Policy Act; and WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearing to review and consider the • requested comprehensive plan amendments; and Page 1 of 3 WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in 41) YMC 16.10.040, the Yakima Planning Commission made a recommendation to a meeting of the City Council that the requested comprehensive plan amendment described above be approved; and WHEREAS, in accordance with YMC Chapter 15.23, the Yakima Planning Commission held an appropriate hearing to review and consider this requested zoning amendment; and WHEREAS, the City Council finds that the findings of the Yakima Planning Commission set forth in the recommendations in response to the requirements of Yakima Municipal Code ( "YMC ") § 15.23.030(E)(F) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, pursuant to YMC 16.10.090, on October 4, 2011, a public hearing regarding the requested comprehensive plan amendments described above was held before a meeting of the City Council; and WHEREAS, it is in the best interests of the City to enact the following to approve the requested comprehensive plan and zoning amendments described above, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subject to the specific terms of this ordinance, the Yakima City Council adopts the August 24, 2011, findings, conclusions and recommendations of the • Yakima Planning Commission for CPA #004 -11. A copy of said recommendation is attached as Exhibit "A" and is incorporated herein by this reference. Section 2. The official Future Land Use Map of the Yakima Urban Area Comprehensive Plan shall be amended or modified . to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. The official Yakima Urban Area Zoning Ordinance shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 5. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. 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 CIY COUNCIL at a regular meeting and signed and approved this day of September, 2011. Page 2 of 3 • Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: • Page 3 of 3 EXHIBIT "A" YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR CPA #004 -11 AND #RZ- 005 -11 August 24, 2011 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in April 2011; and WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by citizens, property owners and /or local government; and WHEREAS For the 2011 Comprehensive Plan Amendment review process, the Department of Community & Economic Development received CPA #004 -11 requesting an amendment to the Comprehensive Plan's Future Land Use Map and RZ #005 -11 for a concurrent rezone; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is authorized to review these applications and to recommend the approval, modification or denial of each request; and WHEREAS The Yakima Planning Commission held study sessions to review this application on April 13, 2011 and 'June 22, 2011 and the open record public hearing was held on August 24, 2011; and WHEREAS All required public notice of this application was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and. YMC 16.10.070; and WHEREAS The recommendation for this Future Land Use Map amendment is based upon the criteria specified in YMC 16.10.040; and WHEREAS The recommendation for the concurrent rezone is based upon the criteria specified in YMC Subsection 15.23.030(E); and WHEREAS The Yakima Planning Commission concluded its consideration of this application on August 24, 2011. APPLICANT: Hidden Waters, LLC LOCATION: Vicinity 3200. Block north of River Road PARCEL 181310-44003, 181311 -33401 and 181315 -11021 NOS: Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open . record public hearing held on August 24, 2011; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS • • The subject property is located north of River Road within an area that is predominantly zoned industrial with the exception of the properties immediately east and west of the subject properties proposed for amendment. The property to the southeast has been developed industrially into cold storage warehouses by the applicants, and is envisioned as the eventual use of the subject site. The subject properties were zoned B -1 and SCC by Yakima County prior to their annexation into the City of Yakima in 1991 and 1998. Since annexation the subject properties zoning and future land use designations have remained unchanged. The properties have been used as a gravel mining operation since the mid 1970's thru 2009 when the mining operation completed their required Department of Natural Resources (DNR) reclamation. On March, 20, 1998, DNR issued a revised surfacing mining permit No. 10317' which changed both the owners of the mine from Triangle Sand & Gravel to Columbia Asphalt & Gravel, as well as, recognizing the existing zoning and changing the intended final use of the reclamation plan /property from a recreational to commercial use The last mining operation which took place on the site was permitted by the City of Yakima and Yakima County in 1992 under Shoreline permit #91 -1, and the permit was closed out by DNR under Surface Mine Reclamation Permit No. 70- 010317 on May 11, 2009. The subject properties are or can be served by all necessary public utilities which include: City of Yakima police, fire protection, and public transit. It is the intent of this application to change the underlying Comprehensive Plan's Future Land designation of tax parcel number 181310 -44003 from Professional Office to Industrial and the zoning from SCC, Small Convenience Center,to M -1, Light Industrial. In addition, parcel number 181311 -33401 is also proposed to be rezoned from B -1 to M -1 to accommodate future industrial development. Two public comments were received from the Washington State Department of Ecology (WSDOE). A Determination of Nonsignificance (DNS) was issued on July 08, 2011. The 14- day appeal period for this environmental determination lapsed on July 22, 2011, with no appeals filed. The applicant requests a change in the Future Land Use Map from Professional Business to Industrial. There are no apparent adverse environmental impacts associated with this • request. The requested change in land use designation from Professional Business to Industrial is consistent with the Yakima Urban Area Comprehensive Plan. This proposal better implements the applicable comprehensive plan policies than the current comprehensive plan because it will permit the opportunity for industrial expansion within an existing industrial corridor. The subject property is located in an area where all urban services and facilities are present. No extension of utilities is required and adequate public facilities exist to accommodate future expansion. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. YAKIMA PLANNING COMMISSION'S CONCLUSIONS 1. The amendment is minor in nature. 2. No public comments were received in opposition to the proposed action. 3. The requested rezone would appropriately support adjacent industrial land uses. 4. The property is currently served by all public utilities necessary to support industrial land uses. 5. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. Ell MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the amendment request from Professional Business to Industrial together with a concurren - to M -1, ht Industrial. The motion carried by a 4/0 vote. 1/g/e 'en Shoval, Chair Date Yakima Planning ' ommission 410 • i I • LEGAL DESCRIPTION EXHIBIT "B" THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18, EAST W.M. LYING SOUTHERLY OF THE RIGHT -OF -WAY FOR STATE ROUTE 12; AND THE FOLLOWING DESCRIBED PORTION OF LOT 4, FRUITVALE AS RECORDED IN VOLUME "A" OF PLATS, PAGE 20, RECORDS OF YAKIMA COUNTY, WASHINGTON. BEGINNING AT THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 13 NORTH, RANGE 18, EAST, W.M.; THENCE EAST 243 FEET; THENCE NORTH 45° 15 FEET EAST TO THE SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROUTE 12; THENCE NORTHWESTERLY ALONG HIGHWAY TO THE WEST LINE OF SAID SECTION, THENCE SOUTH TO THE POINT OF BEGINNING AND THAT PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 13 NORTH, RANGE 18, EAST W.M. LYING NORTHERLY OF THE UNION DITCH. 41) Page4of3 ORDINANCE NO. 2011- AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima and zoning as follows: changing the classification of property located at 3803 & 3805 Tieton Drive, Assessor's tax parcel numbers 181322 - 43023, 43025 from Low - Density Residential to Neighborhood Commercial. and zoning to B -1, Professional Office. WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare long -range comprehensive plans pursuant to Ch. 36.70A RCW and related laws and regulations; and WHEREAS, RCW 36.70A.130 provides for continuing review and evaluation of comprehensive plans and development regulations at least every five years and for the revision or amendments to such plans not more than once a year but at least once every five years, with certain exceptions; and WHEREAS, RCW 36.70A.470 requires that counties and cities planning under RCW 36.70A.040 include in their development regulations a procedure for any • interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest comprehensive plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW 36.70A.130; and WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, David Trujillo, has submitted an application requesting that the classification of the property legally described in Exhibit "B" and located at 3803 & 3805 Tieton Drive (parcel nos. 181322 - 43023, 181322 - 43025) be changed from Low - Density Residential to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #005-11"); and zoning changed to B -1, Professional Business; and WHEREAS, pursuant. to YMC 16.10.030, the SEPA Administrative Official issued a Determination of Nonsignificance for this Future Land Use Map Amendment and Rezone in accordance with WAC 197 -11 -355, as required under the State Environmental Policy Act; and WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearing to review and consider the requested comprehensive plan amendment; and Page 1 of 3 WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in 410 YMC 16.10.040, the Yakima Planning Commission made a . recommendation to a meeting of the City Council that this requested comprehensive plan amendment described above be approved; and WHEREAS, in accordance with YMC Chapter 15.23, the Yakima Planning Commission held appropriate an hearing to review and consider this requested zoning amendment; and WHEREAS, the City Council finds that the findings of the Yakima Planning Commission set forth in the recommendations in response to the requirements of Yakima Municipal Code ( "YMC ") § 15.23.030(E)(F) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, pursuant to YMC 16.10.090, on October 4, 2011, a public hearing regarding the requested comprehensive plan amendment described above was held before a meeting of the City Council; and WHEREAS, it is in the best interests of the City to enact the following to approve the requested comprehensive plan and zoning amendments described above, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: • Section 1. Subject to the specific terms of this ordinance, the Yakima City Council adopts the August 24, 2011, findings, conclusions and recommendation of the Yakima Planning Commission for CPA #005 -11. A copy of said recommendation is attached as Exhibit "A" and is incorporated herein by this reference. Section 2. The official Future Land Use Map of the Yakima Urban Area Comprehensive Plan shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. The official Yakima Urban Area Zoning Ordinance shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 5. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. 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 CIY COUNCIL at a regular meeting and signed and approved this day of September, 2011. Page2of3 • Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: • • Page3of3 • EXHIBIT "A" YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR CPA #005 -11 AND RZ #006 -1 August 24, 2011 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in April 2011; and WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by citizens, property owners and /or local government; and • WHEREAS For the 2011 Comprehensive Plan Amendment review process, the Department of Community & Economic Development received CPA #005 -11 requesting an amendment to the Comprehensive Plan's Future Land Use Map and RZ #006 -11 for a concurrent rezone; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is authorized to review these applications and to recommend the approval, modification or denial of each request; and WHEREAS The Yakima Planning Commission held study sessions to review this application on April 13, 2011 and June 22, 2011 and the open record public hearing was held on August 24, 2011; and WHEREAS All . required public notice of this application- was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and 2011 Yakima Planning Commission 1 Comprehensive Plan Amendment and Rezone Recommendations WHEREAS The recommendation for this Future Land Use Map amendment is based upon the • criteria specified in YMC 16.10.040; and WHEREAS The recommendation for the concurrent rezone is based upon the criteria specified in YMC Subsection 15.23.030(E); and WHEREAS The Yakima Planning Commission concluded its consideration of this application on August 24, 2011. APPLICANT: David Trujillo LOCATION: 3803 and 3805 Tieton Drive Yakima, WA PARCEL NOS: 181322 - 43023, 181322 -43025 Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 24, 2011; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The applicant requests a change in the Future Land Use Map from Low Density Residential to Neighborhood Commercial and a concurrent zoning change from R -1, • Single- Family Residential to B -1, Professional Office. The subject property is situated in an area experiencing significant transition from residential to commercial uses. The intent of this application is to change the underlying Comprehensive Plan's land use designation from Low Density Residential to Neighborhood Commercial and the zoning, from R -1, Single - Family Residential to B -1, Professional Office. This application consists of two separate parcels. One parcel has an existing residence engaged in a home occupation law office. Due to the limited size of the existing structure the property owner wishes to establish a larger structure for law office use. The owner has also acquired an "L "- shaped parcel that adjoins the residence on the north and east. However, the individual size of each parcel would not support a professional office building without some difficulty. The combination of these two parcels will provide adequate land area to construct a professional office building. An approved Comprehensive Plan Future Land Use Map change and concurrent rezone from residential to business land use will greatly assist expansion of the existing business at this location. All required public utilities (sewer, water, irrigation, street lighting and fire hydrants) are presently available to serve the property. 2011 Yakima Planning Commission 2 Comprehensive Plan Amendment - and Rezone Recommendations Public facilities provided include Yakima School District, K -12 public schools, City of Yakima police, fire protection and public transit. The requested change in land use designation from Low Density Residential to Neighborhood Commercial is consistent with the Yakima Urban Area Comprehensive Plan. This proposal is consistent with RCW 36.70A.100. This application was submitted as part of the annual amendment process for the Yakima Urban Area Comprehensive Plan. This proposal is consistent with the Growth Management Act and the Yakima County- wide Planning Policy. A Determination of Nonsignificance (DNS) was issued by the City of Yakima on June 16, 2011 for this non- project related application, after a 20 -day comment period a notice of determination retention was issued on July 8, 2011. The appeal period expired on July 28, 2011, without any appeals. The total size of the subject property is approximately .69 acres which means that the cumulative impact(s) of this proposal should be minimal. 110 YAKIMA PLANNING COMMISSION'S CONCLUSIONS 1. The amendment is minor in nature. 2. No written comments or testimony was received in opposition to the proposed action. 3. No adverse impacts have been identified by the approval of this amendment request. 4. The requested comprehensive plan map amendment would more appropriately support the existing commercial land use. 5. The property and business are currently served by all necessary public utilities. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the amendment request from Low Density Residential to Neighborhood Commercial and a concurrent r- one from R -1, Single- family residential to B -1, Professional Office. The motion : rri = : by a 4/0 vote. // Shoval, Chairm. ' Date /' akima Planning • sion 2011 Yakima Planning Commission 3 Comprehensive Plan Amendment and Rezone Recommendations LEGAL DESCRIPTION • EXHIBIT "B" THE SOUTH 75 FEET OF THE NORTH 465 FEET OFTHE WEST 1 ACRE OF THE EAST 4 ACRES OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 13 NORTH, RANGE 18, EAST W.M, ALSO THE WEST 1 ACRE OF THE EAST 3 ACRES OF SAID. SUBDIVISION, EXCEPT THE NORTH 390 FEET AND EXCEPT THE TIETON DRIVE RIGHT - OF -WAY ON THE SOUTH. AND THE WEST 1 ACRE OF THE EAST 4 ACRES OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/40F SECTION 22, TOWNSHIP 13 NORTH, RANGE 18, EAST W.M EXCEPT THE NORTH 465 FEET. • - I Page 4 of 3 rreot ORDINANCE NO. 2011- AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima and zoning as follows: changing the classification of property located at 660 North 18 Ave, Assessor's tax parcel numbers 181313 - 43020, 43021, from Medium Density Residential to Industrial and zoning to M -1, Industrial; and changing the classification of property located at 708 & 710 North 5 Avenue, Assessor's tax parcel numbers 181313 - 43021, 43020 from High Density Residential to Neighborhood Commercial and zoning to B -1, Local Business. WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare Tong -range comprehensive plans pursuant to Ch. 36.70A RCW and related laws and regulations; and WHEREAS, RCW 36.70A.130 provides for continuing review and evaluation of comprehensive plans and development regulations at least every five years and for the revision or amendments to such plans not more than once a year but at least once every five years, with certain exceptions; and WHEREAS, RCW 36.70A.470 requires that counties and cities planning under RCW 36.70A.040 include in their development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest comprehensive plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW 36.70A.130; and WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, Douglas Bernd, has submitted an application requesting that the classification of the property legally described in Exhibit "B" and located at 660 North 18 Ave (parcel no. 181314 - 44456) be changed from Medium Density Residential to Industrial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter " #006 -11 "); and zoning changed to M -1, Light Industrial; and WHEREAS, pursuant to YMC 16.10.030, the SEPA Administrative Official issued a Determination of Nonsignificance for this Future Land Use Map Amendment and Rezone in accordance with WAC 197 -11 -355, as required under the State Environmental Policy Act; and 40 Page 1 of 3 WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearing to review and consider this requested comprehensive plan amendment; and WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in YMC 16.10.040, the Yakima Planning Commission made a recommendation to a meeting of the City Council that the requested comprehensive plan amendment described above be approved; and 0 WHEREAS, in accordance with YMC Chapter 15.23, the Yakima Planning Commission held appropriate hearings to review and consider the requested zoning amendment; and - WHEREAS, the City Council finds that the findings of the .Yakima Planning Commission set forth in the recommendation in response to the requirements of Yakima Municipal Code ("YMC") § 15.23.030(E)(F) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, pursuant to YMC 16.10.090, on October 4, 2011, a public hearing regarding the requested comprehensive plan amendment and rezone `described above was held before a meeting of the City Council; and WHEREAS, it is in the best interests of the City to enact the following to approve the requested comprehensive plan and zoning amendment 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 August 24, 2011 findings, conclusions and recommendation of the Yakima Planning Commission for CPA #006 -11. A copy of said recommendation is attached as Exhibit "A" and is incorporated herein by this reference. Section 2. The official Future Land Use Map of the Yakima Urban Area Comprehensive Plan shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. The official Yakima Urban Area Zoning Ordinance shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 5. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. 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. • Page2of3 PASSED BY THE CIY COUNCIL at a regular meeting and signed and approved this day of September, 2011. • Micah Cawley, Mayor ATTEST: City Clerk • Publication Date: Effective Date: Page3of3 r EXHIBIT "A" YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR CPA #006 -11 AND RZ #007 -11 August 24, 2011 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in April 2011; and WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by citizens_ , property owners and /or local government; and • WHEREAS HER S For the 2011 Comprehensive Plan Amendment review process, the Department of Community & Economic Development received CPA #006 -11 requesting an amendment to the Comprehensive Plan's Future Land Use Map and RZ #007 -11 for a concurrent rezone; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is authorized to review these applications and to recommend the approval, modification or denial of each request; and WHEREAS The Yakima Planning Commission held study sessions to review this application on April 13, 2011 and June 22, 2011 and the open record public hearing was held on August 24, 2011; and WHEREAS All required public notice of this application was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and WHEREAS • 2011 Yakima Planning Commission 1 Comprehensive Plan Amendment and Rezone Recommendations - i The recommendation for this Future Land Use Map amendment is based upon the criteria specified in YMC 16.10.040; and • WHEREAS The recommendation for the concurrent rezone is based upon the criteria specified in YMC Subsection 15.23.030(E); and WHEREAS The Yakima Planning Commission concluded its consideration of this application on August 24, 2011. Now therefore, the Yakima City Planning Commission presents the following findings and recommendations to the Yakima City Council: APPLICANT: Douglas Bernd LOCATION: 660 N 18 Avenue PARCEL NO: 181314 -44456 Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 24, 2011; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS • The subject property is located at 660 North 18 Avenue on the southwest corner of the intersection of N. 18 and Jerome Avenues. The area is predominantly zoned industrial with the exception of the area west of the applicant's business, Bernd Moving Systems (a residential moving business). It is the intent of this application is to change the underlying Comprehensive Plan's Future Land designation from Medium Density Residential to Industrial and the zoning, from R -2, Two - family residential to, M -1, Light Industrial to accommodate the expansion of the property owner's existing business. Purchased in 1993 for future expansion of his existing business the applicant was not aware that the subject property was not zoned appropriately for commercial use and could therefore not be utilized for expansion until appropriately rezoned. The subject property and applicant's business are currently served by all necessary public utilities which include: City of Yakima police, fire protection, and public transit. A Determination of Nonsignificance (DNS) for this application was issued on July 08, 2011. The 14 -day appeal period lapsed on July 22, 2011, with no appeals filed. The requested change in land use designation from residential to industrial is consistent with the Yakima Urban Area Comprehensive Plan. 2011 Yakima Planning Commission 2 • Comprehensive Plan Amendment and Rezone Recommendations 0 This proposal is consistent with RCW 36.70A.100. This application is part of the annual comprehensive plan update for the Yakima Urban Area Comprehensive Plan. In this area the City of Yakima coordinates this update with the City of Union Gap for consistency between the jurisdictions. This proposal is consistent with the Growth Management Act and the Yakima County- wide Planning Policy because the proposal directs urban growth to an existing urban area and encourages infill in an area where all urban level services and facilities are currently provided. The subject property is served by a recently improved and expanded arterial street system. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. YAKIMA PLANNING COMMISSION'S CONCLUSIONS 1. The amendment is minor in nature. 2. No public comments were received in opposition to the proposed action. 3. No adverse impacts have been identified by the approval of this amendment request. 4. The requested rezone would more appropriately support adjacent industrial land uses. ID 5. The property can be served by all necessary public utilities capable of supporting commercial land uses. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the amendment request from Medium Density .Residential to Industrial and a concurrent rezone from R -2 Two - family Residential to M -1, Light Industrial. The motion carried by a 4/0 vote. . - • al, Chair an Date 'ak Planning C. - mission -- 2011 Yakima Planning Commission 3 Comprehensive Plan Amendment and Rezone Recommendations ■ LEGAL DESCRIPTION • ' I EXHIBIT "B" LOTS 1, 2 AND THE SOUTH 118 FEET OF LOT 3 OF THE REPLAT OF LOTS 30 AND 35 LEWIS TERRY GARDEN TRACTS AS RECORDED IN VOLUME "I" OF PLATS, PAGE 19, RECORDS OF YAKIMA COUNTY WASHINGTON. • • • • Page 4 of 3 eett ORDINANCE NO. 2011 - AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima and zoning as follows: changing the classification of property located at 708 & 710 North 5 Avenue, Assessor's tax parcel numbers 181313- 43021, 43020 from High Density Residential to Neighborhood Commercial and zoning to B -2, Local Business. WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare Tong -range comprehensive plans pursuant to Ch. 36.70A RCW and related laws and regulations; and WHEREAS, RCW 36:70A.130 provides for continuing review and evaluation of comprehensive plans and development regulations at least every five years and for the revision or amendments to such plans not more than once a year but at least once every five years, with certain exceptions; and WHEREAS, RCW 36.70A.470 requires that counties and cities planning under RCW 36.70A.040 .include in their development regulations a procedure for any • interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest comprehensive plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW 36.70A.130; and WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, American Investment Group LLC, has submitted an application requesting that the classification of the property legally described in Exhibit "B" and located at 708 & 710 North 5 Avenue (parcel nos. 181313 - 43021, 181313 - 43020) be changed from High Density Residential to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "#007-11"); and zoning changed to B -2, Local Business; and WHEREAS, pursuant to YMC 16.10.030, the SEPA Administrative Official issued a Determination of Nonsignificance for this Future Land Use Map Amendment and Rezone in accordance with WAC 197 -11 -355, as required under the State Environmental Policy Act; and WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearing to review and consider the requested comprehensive plan amendments; and Page 1 of 3 WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in YMC 16.10.040, the Yakima Planning Commission made a recommendation to a meeting of the City Council that the requested comprehensive plan amendment described above be approved; and WHEREAS, in accordance with. YMC Chapter 15.23, the Yakima Planning Commission held an appropriate hearing to review and consider the requested zoning amendment; and WHEREAS, the City Council finds that the findings of the Yakima Planning Commission set forth in the recommendations in response to the requirements of Yakima Municipal Code ( "YMC ") § 15.23.030(E)(F) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, pursuant to YMC 16.10.090, on October 4, 2011, a public hearing regarding the requested comprehensive plan amendment described above was held before a meeting of the City Council; and WHEREAS, it is in the best interests of the City to enact the following to approve the requested comprehensive plan and zoning amendments described above, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subject to the specific terms of this ordinance, the Yakima City Council adopts the August 24, 2010 findings, conclusions and recommendation of the • Yakima Planning Commission for CPA #007 -11. A copy of said recommendation is attached as Exhibit "A" and is incorporated herein by this reference. Section 2. The official Future Land Use. Map of the Yakima Urban. Area Comprehensive Plan shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance. Section 3. The official Yakima Urban Area Zoning Ordinance shall be amended or modified to reclassify the subject real property set forth herein consistent with the above sections of this ordinance Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 5. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. 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 CIY COUNCIL at a regular meeting and signed and approved this day of September, 2011. ID Page 2 of 3 • Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: • Page3of3 EXHIBIT "A" YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR CPA #007 -11 AND RZ #008 -11 August 24, 2011 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in April 2011; • and WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by citizens, property owners and /or local government; and WHEREAS For the 2011 Comprehensive Plan Amendment review process, the Department of Community & Economic Development received CPA #007 -11 requesting an amendment to the Comprehensive Plan's Future Land Use Map and RZ #008 -11 for a concurrent rezone; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is authorized to review these applications and to recommend the approval, modification or denial of each request; and WHEREAS The Yakima Planning Commission held study sessions to .review this application on April 13, 2011 and June 22, 2011 and the open record public hearing was held on August 24, 2011; and • WHEREAS All required public notice of this application was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and WHEREAS The recommendation for this Future Land Use Map amendment is based upon the criteria specified in YMC 16.10.040; and WHEREAS The recommendation for the concurrent rezone is based upon the criteria specified in YMC Subsection 15.23.030(E); and WHEREAS The Yakima Planning Commission concluded its consideration of this application on August 24, 2011. APPLICANT: American Investment Group LLC LOCATION: 708 and 710 N 5 Avenue PARCEL NOS: 181313-43021, 181313 - 43020. Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 24, 2011; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: • FINDINGS The applicant requests a change in the Future Land Use Map for two parcels from High Density Residential to Neighborhood Commercial and a concurrent zoning change from HB, Historical Business and R -3, Multi- Family Residential to B -2, Local Business. The subject is currently zoned Historical Business and accommodates small . neighborhood commercial land use as a mini -mart. The adjacent roadway (North 5 Avenue) has been restriped from a four -lane arterial to a two -lane arterial with continuous left-hand turn pocket fronting the property. Also, the intersection of North 5 Avenue and Fruitvale Boulevard has been replaced with a round - about. These improvements were necessary because of the increase in traffic in the immediate area. Such improvements have also resulted in an increase in local business for the neighborhood market. The property owner has taken steps in an attempt to improve the property's physical condition and aesthetics. Specifically, the property owner has purchased the adjoining lot to the north of the mini -mart for the purpose of future 4114 expansion. The future expansion would help alleviate the narrow frontage of the market property and accommodate future expansion of the existing site. Lastly, there has been a "movement" within the City to eliminate the Historical Business zoning district in favor of zoning districts which are more appropriate for local business land uses that serve the immediate neighborhood area. The intent of this application is to change the underlying Comprehensive Plan's land use designation from High- Density Residential to Neighborhood Commercial and the zoning from HB, Historical Business and R -3, Multi- family Residential to B -2, Local Business. This proposed change will eliminate the Historical Business designation and replace it with the more appropriate Local Business designation to support small retail /commercial land uses. The City of Yakima currently provides all required public utilities (sewer, water, irrigation, street lighting and fire hydrants) to the property. Public facilities provided include Yakima School District, K -12 public schools, City • of Yakima police, fire protection and public transit. Due to continued development in the area circumstances have changed since the original Comprehensive Plan was adopted and last updated. The requested change in land use designation from High Density Residential to Neighborhood Commercial is consistent with the Yakima Urban Area Comprehensive Plan. This proposal is consistent with RCW 36.70A.100. This application is part of the annual comprehensive plan update for the Yakima Urban Area Comprehensive Plan. This proposal is consistent with the Growth Management Act and the Yakima County -wide Planning Policy. A Determination of Nonsignificance (DNS) was issued by the City of Yakima on June 16, 2011 for this non - project related application, after a 20 -day comment period a notice of determination retention was issued on July 8, 2011. The appeal period expired on July 28, 2011, without any appeals. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. YAKIMA PLANNING COMMISSION'S CONCLUSIONS • 1. The amendment is minor in nature. 2. No written comments or testimony was received in opposition to the proposed action. 411 3. No adverse impacts have been identified by the approval of this amendment request. 4. The requested comprehensive plan map amendment and rezone would more appropriately support the existing commercial land use. 5. The property is served by all necessary public utilities. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the amendment request from High Density. Residential to Neighborhood Commercial and a rezone request from HB, Historical Business and R -3, Multi- Family Residential to B -2, Loc- siness. The motion carried by a 4/0 vote. i(qtt : />ll�`� :val, Chairman Date r akima Planning ion • o LEGAL DESCRIPTION EXHIBIT "B" • THE EAST 125 FEET OF THE WEST 300 FEET OF THE SOUTH 47.92 FEET OF THE NORTH 388.17 FEET OF NORTHWEST1 /4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18, EAST W.M. AND THE SOUTH 50 FEET OF THE NORTH 340.25 FEET OF THE EAST 125 FEET OF THE WEST 300 FEET OF THE SOUTHWEST1 /4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18, EAST W.M. Page 4 of 3 .hem g h. ORDINANCE NO. 2011 - AN ORDINANCE concerning comprehensive planning and amending Chapter VIII - Utilities of the City of Yakima's Urban Area Comprehensive Plan 2025 WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare long -range comprehensive plans pursuant to Ch. 36.70A RCW and related laws and regulations; and WHEREAS, RCW 36.70A.130 provides for . continuing review and evaluation of comprehensive plans and development regulations at least every five years and for the revision or amendments to such plans not more than once a year but at least once every five years, with certain exceptions; and WHEREAS, RCW 36.70A.470 requires that counties and cities planning under RCW 36.70A.040 include in their development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest Comprehensive Plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW 36.70A.130; and WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, on April 29, 2011 the City of Yakima, Wastewater Division submitted a Comprehensive Plan text amendment application, amending sections of Chapter VIII - Utilities; and WHEREAS, the City of Yakima Wastewater Division submitted a State Environmental Policy Act (SEPA) Checklist on April 29, 2011; and WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197 -11 and YMC 6.88, the City issued a Determination of Nonsignificance (DNS) in accordance with WAC 197 -11 -340 (2), as required under the State Environmental Policy Act; and after a 20 -day comment period had ended a Notice of Retention of this DNS was issued with the appeal period ending on July 28, 2011; and WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearing to review and consider the requested Comprehensive Plan amendment; and . WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in YMC 16.10.040, the Yakima Planning Commission made a recommendation to a hearing of the City Council that the requested Comprehensive Plan amendment described above be approved; and WHEREAS, pursuant to YMC 16.10.090, on October 4, 2011, a public hearing regarding the requested Comprehensive Plan amendment described above was held before a meeting of the City Council; and WHEREAS, it is in the best interests of the City to enact the following to approve the requested Urban Area Comprehensive Plan amendment described above, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Findings and Conclusions. Subject to the specific terms of this ordinance the Yakima City Council adopts the City Planning Commission's August 24, 2011 Findings of Fact, Conclusions and Recommendations regarding the City of Yakima's 2011 Comprehensive Plan Text Amendment, City File number CPA 008 -11, the City Council finds as follows: 1. The requested Urban Area Comprehensive Plan text amendment appropriately updates Chapter VIII - Utilities to include:' a. Modifications to the service area b. Wastewater Treatment Plant capacity and system upgrades c. Extension of the strong industrial waste sewer line • d. Addition of the storm water system to Chapter VIII e. Addition of new Goals and Policies in support of the modifications and upgrades proposed. 2. The proposed City of Yakima's Urban Area Comprehensive Plan text amendment is consistent with, and update the goals and policies of the Urban Area Comprehensive Plan 2025; 3. The proposed Yakima Urban Area Comprehensive Plan text amendment meets the requirements and considerations set forth in Yakima Municipal Code Chapter 16.10 and the Growth Management Act, RCW Chapter 37.70A, and the Yakima Countywide Planning Policy (CWPP); 4. Environmental review of the requested amendment was done in accordance with the provisions and procedures of the State Environmental Policy Act (SEPA) WAC 197 -11 and YMC 6.88. A Determination of Non - significance (DNS) for the proposed amendment was issued on June 17, 2011 and the appeal period ended on July 28, 2011; and 41 • 5. The cumulative impacts of this request together with all previous Comprehensive Plan amendments have been considered and support the requested amendment. Section 2. Revision of Sections of Existing Comprehensive Plan. The Yakima Urban Area Comprehensive Plan 2025, and adopting ordinance #2006- 62 are hereby amended to revise the text, policies, and related provisions of the specific sections as identified in the City of Yakima 2011 Comprehensive Plan Text Amendment document set forth in Exhibit "A" attached hereto, and incorporated herein by this reference, as if set forth in full. Section 3. Amendments to Replace and Supersede. The Yakima Urban Area Comprehensive Plan 2025 is amended by these changes and all such changes are intended to replace and supersede all relevant sections of the existing Comprehensive Plan. Section 4. Transmittal to State. Pursuant to ' RCW 36.70A.106, this Ordinance shall be transmitted to the Washington Department of Commerce as required by law. Section 5. Preparation of Final Comprehensive Plan Document. City staff are hereby directed to complete a final addendum document including all adopted changes to the City of Yakima's Urban Area Comprehensive Plan 2025, correction of any typographical edits and inclusion of appropriate graphics and illustrations, consistent with the attached amendments. Section 6. Validity.. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 7. Ratification. Any act consistent with the authority, and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Authorization to file. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor Section 9. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law • • PASSED BY THE CITY COUNCIL at a regular meeting and signed and • approved this day of October, 2011. Micah Cawley, Mayor ATTEST: City Clerk • Publication Date: Effective Date: EXHIBIT "A" • • YAKIMA PLANNING COMMISSION RECOMMENDATION TO THE YAKIMA CITY COUNCIL FOR CPA #008 -11 August 24, 2011 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in April 2011; and WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by citizens, property owners and /or local government; and WHEREAS For the 2011 Comprehensive Plan Amendment review process, the Department of ® Community & Economic Development received one application for a text amendment to Chapter VIII - Utilities of the Comprehensive Plan; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is authorized to review these applications and to recommend the approval, modification or denial of each request; and WHEREAS The Yakima Planning Commission held study sessions to review these eight applications on April 13, 2011 and June 22, 2011 and the open record public hearings were held on August 10, 2011; and WHEREAS All required public notice of these applications was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and WHEREAS The recommendation for this Comprehensive Plan text amendment are based upon the criteria specified in YMC 16.10.040; and ® 2011 Yakima Planning Commission 1 Comprehensive Plan Amendment and Rezone Recommendations WHEREAS The Yakima Planning Commission concluded its consideration of this application on • August 10, 2011. Now therefore, the Yakima City Planning Commission presents the following findings and recommendations to the Yakima City Council: APPLICANT: City of Yakima Wastewater Division LOCATION: Citywide PARCEL NOS: N/A Based upon the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 10, 2011; and a review of the Yakima Urban Area Comprehensive Plan; the Planning Commission makes the following: FINDINGS The applicant requests a text amendment to Chapter VIII - Utilities of the Comprehensive Plan. This non - project text amendment has no direct affect upon current zoning or land use. It will; however, provide the necessary comprehensive plan support for needed improvements to the wastewater treatment facility and attendant infrastructure. These improvements, most specifically the strong waste industrial sewer line, will support new • and existing industries which might result in future changes to zoning and land use. The last time that the utilities element of the City's Comprehensive Plan was amended was in 2004. This proposed text amendment will update the existing plan by providing a blue print of changes needed to keep Yakima's wastewater treatment plat in compliance with state and federal regulations as well as provide the Comprehensive Plan with new goals and policies needed to support applications for the grants and loans necessary to fund these improvements. This proposal addresses a deficiency in the Comprehensive Plan in that the current utilities chapter is out -of -date. This proposal is consistent with RCW 36.70A.100. This application is part of the annual comprehensive plan update for the Yakima Urban Area Comprehensive Plan. This proposal is, consistent with the Growth Management Act and the Yakima County- wide Planning Policy. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. 2011 Yakima Planning Commission 2 • Comprehensive Plan Amendment and Rezone Recommendations YAKIMA PLANNING COMMISSION'S CONCLUSIONS 0 1. The amendment is minor in nature. 2. No, written comments or testimony was received in opposition to this proposed text amendment. 3. No adverse impacts have been identified by the approval of this amendment request. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the requested text amendment to Chapter VIII - Utilities of the Comprehensive Plan. The motion - "-d by a 6/0 vote. 1 / i b / (\ •-� oval, Chia' an Date akima Planning Commission • 0 2011 Yakima Planning Commission 3 Comprehensive Plan Amendment and Rezone Recommendations - . . ' :; CHAPTER VIII — 1JTILITIES „.., , .(2-ric, ,� i �p YS Y, f s f ,, -F • CHAPTER I: UTILITIES ' ° � , , € �° INTRODUCTION f �� Z1 'c .i. The Utilities Element of the Yakima Urban Area Comprehensive „ f r, , ('., , g r , ' `A' Plan is intended to provide an overview of all utilities that serve ” * L `� the urban area. This includes utilities provided by City and r, � i &'V county government, as well as all other utilities, including electric, telecommunication and natural gas utilities. The Washington Growth Management Act (GMA) requires municipalities to establish the boundaries within which "urban services" such as water supply will be provided and to evaluate the capacity of their utility systems to accommodate projected demands for these services. GMA requires the Utilities Element to indicate the general location, proposed location and capacity of all existing and proposed utilities. The intent of GMA planning is that utilities and other infrastructure (roads, etc.) keep pace with population and job growth, as well as land development within the Urban Growth Area. There is major emphasis in this chapter on those utilities that are provided by the City or local service agencies. Private or semi - public utilities (cable, telecommunications, gas, ,etc.) provide their own planning and facilities expansion. Each is consulted as part of any major growth decision and where deficiencies are noted, decisions are altered accordingly. Electric and telephone utilities are generally available throughout the entire urban area. Cable television III and natural gas are generally available within the City limits and available in some areas within unincorporated portions of the urban area. These utilities were consulted during preparation of this Comprehensive Plan update. The utilities principally discussed in this section are water, sewer and stormwater collection. EXISTING CONDITIONS AND FUTURE NEEDS Water The City's primary source of domestic water is the Naches River; see Map VII 1 — Water Service. Raw surface water is treated in the City's Water Treatment Plant (WTP) at Rowe Hill. The original capacity of the WTP was 20 MGD, expanded to -25 MGD through modifications to the filters in 1998. The plant was laid out to allow space for expansion to 60 MGD capacity if and when demand warrants increased supply capacity and subject to the availability of the necessary water right. Water system capacity for the surface water supply is limited by two factors: • Physically by the 48 -inch diameter, 50 MGD transmission main. Treated water from the plant flows over a weir into a 48 -inch transmission main and to the City by gravity. • Institutionally by the City's water rights of 6.46 MGD year - around, 20.68 MGD available October 16 to the beginning of storage control as declared by the U.S. Bureau of Reclamation, and 18.74 MGD available from the beginning of storage control, as declared by the U.S. Bureau of Reclamation until October 15 from a U.S. Bureau of IP Reclamation water storage contract, subject to proration in water short years. Yakima Urban Area Comprehensive Plan Page 1 'i ' ^''• CHAPTER VIII - UTILITIES The City uses groundwater as a secondary source of supply for emergency use. Wells located at the Airport, at Kiwanis Park and at Kissel Park are used for emergency • purposes. A new well is proposed for installation in 2008 or 2009. The potential for future groundwater supply depends on the aquifer's safe yield. Gravity alone provides adequate 9 pp Y ' p q Y� Y p pressure to serve the Low zone, with water stored in the 6 million gallon (MG) Low Zone reservoir. Three booster pump stations boost water up to the 4 reservoirs that serve the Middle and High zones. Pressure - reducing valves allow water to flow from the High zone to the Middle zone and from the Middle zone to the Low zone for emergencies such as fire flow. Four water purveyors supply water to areas adjacent to Yakima's water service area: • Nob Hill Water Association • City of Union Gap • Yakima County (Terrace Heights area) • City of Selah The City has three interties with the Nob Hill Water Association, which can provide water to either purveyor in the case of an emergency. The City has an intertie to the City of Union Gap to provide water to Union Gap in emergency situations. Water for irrigation is provided through separate, non - potable irrigation distribution systems for about two thirds (2/3) of the domestic water customers. In the past, inadequate pressure and ' unreliable flows led some customers to discontinue use of the separate irrigation system and to use the potable system for their irrigation needs. The City Council's • commitment in 2003 to rebuild the City owned irrigation systems should stop the migration from the irrigation system to the domestic water system. In recent years, the City has not made any major expansions to the water system facilities because of the high level of service that the system is already capable of providing. Expansion of the service area is limited because the Nob Hill Water Association and other municipal water suppliers provide water to the surrounding area. Potential for expansion is also limited by the specific "place of use" boundary within which the City of Yakima is allowed to utilize its surface and groundwater supply. The 2004 City of Yakima Water System Plan was prepared in response to Washington State Department of Health (DOH) regulations, which require all water suppliers to update their water system plans every six years (WAC 246- 290 -100). This System Plan was used extensively in the preparation of this update. Water system planning in the Yakima area is affected by: • Continuing population growth in Yakima's service area, with a resulting increase in demand for safe drinking water and irrigation water. • Passage of the Washington State Growth Management Act in 1990, which requires municipalities to establish the boundaries within which "urban services" such as the water supply will be provided and to evaluate the capacity of their systems to accommodate projected demands for these services. • Yakima Urban Area Comprehensive Plan Page 2 CHAPTER VIII - UTILITIES • • Publication of the State's Conservation Planning Requirements, which e mphasize the efficient use of water resources to delay the need to develop new sources of supply. • Frequent drought in the Yakima Basin. This plan identifies present and future water system needs and develops a plan for meeting these needs in a manner consistent with other relevant plans and regulations. Development of the Comprehensive Plan Update included: • Determining the existing service area population and water requirements. • Determining future water demands and improvements needed in the next 20 years. • Evaluating the capability of the existing system to meet future demands. • Developing a capital improvement plan for the funding to meet the identified system needs. Future Need The existing residential population served by the City's water system (65,000) is projected to grow to 83,000 by 2025. The number of commercial customers is expected to increase at 1.4% per year, from 1,971 in 2006 to more than 2,020 in 2025. In addition, the number of industrial customers is expected to increase from 118 in 2006 to approximately 140 in 2025. The actual population served by the City of Yakima water system is significantly less than the Office of Financial Management (OFM) population figures for the corporate limits since the City system does not serve large areas in the western portions of Yakima. Although these areas lie within the City limits, they are served by the Nob Hill Water Association. Changes in the future City limit boundaries should not affect the future water service area because the service area is established by separate agreements. Four water purveyors supply water to areas adjacent to Yakima's water service area: • Nob Hill Water Association -- serves the West Valley area west of Yakima. A significant portion of the system (7,930 customers) is located within the City's corporate limits and the remainder (1,688 customers) is located in unincorporated Yakima County. The system is operated as an association with a board of directors. The Nob Hill Water Association Plan update in February 2002 projected a 2.48% per year population growth projection over the next 20 years. The actual growth has been closer to 2% per year through 2005. Based upon a year 2005 population of 24,045, continued growth of 2% per year will produce a year 2020 population of 32,955, which is the figure the Nob Hill Water Association will use for future planning purposes. • City of Union Gap — located in the southeast corner of the urban area, with approximately 1,100 services. The source of supply is three wells, and the water system growth rate is projected at approximately 1% per year. The City of Yakima provides domestic water service to some areas inside the City of Union Gap. • Yakima County (Terrace Heights area) — The 2001 Terrace Heights Water System Plan indicated that the County had constructed a new reservoir, supply well, booster station, transmission main, telemetry system and several distribution system improvements during the prior four years. No major system improvements are anticipated within the next 20 years. Supply facilities currently have sufficient capacity to serve an estimated Yakima Urban Area Comprehensive Plan Page 3 CHAPTER VIII - UTILITIES additional 1,900 residential service connections. Based on past growth rates, these capacities should easily be sufficient for the next 20 years. The County's existing • service area is entirely east of its western future service boundary that is coincident with the City of Yakima's east boundary. Overlaps and islands of service do not exist and are not anticipated. The County utility is expected to grow into a major purveyor within the urban boundary and may soon be providing service adjacent to the City of Yakima service area. • City of Selah — Selah is located east of the Gleed area and north of the City of Yakima. Because Selah is located across the Naches River and is outside the current water service area and urban growth area, it is not expected that the City of Yakima will provide water service to this area. Increases in future water demand are expected to be caused by increases in population and the addition of customers who currently use private wells., The International Fire Code determines the number of gallons per minute of water required to rapidly extinguish a fire. These "fire flow" requirements range from a minimum of 1,500 gallons per minute (gpm) in residential areas to a maximum of 6,000 gpm in the Central Business District. The separate, non - potable irrigation systems are composed of 66 separate systems and serve approximately 10,690 parcels, totaling over 2,000 irrigated acres. In addition there are numerous private owned irrigation systems serving many City residents. The Irrigation Utility in the City of Yakima obtains water from City -owned water rights, by water shares from three local canal companies and an Irrigation District. A . field investigation of the irrigation system was performed during the spring of 1999. Based on the results of the investigation, it was clear that many of the irrigation systems within the City were in need of major rehabilitation. Observations indicated that all of the wood pipe and most of the small diameter (3 inch and less) steel pipe need to be replaced. Options presented for managing the irrigation system include: • Rehabilitate all or part of the irrigation system. • Continue the existing gradual conversion to the potable system. • Discontinue all maintenance of the irrigation system, accelerating the conversion to the potable system. • Abandon the irrigation system and connect customers to the potable system. In 2003, the City Council directed that all of the irrigation systems be rehabilitated and /or replaced. The City Council authorized rate increases to accomplish the task over the next 20 years. Future Supply It is anticipated that residential, commercial and industrial growth will occur within the water service area primarily through infill development on vacant land and the resulting increases in population density. Yakima Urban Area Comprehensive Plan Page 4 CHAPTER VIII - UTILITIES / L. • yr, Conservation practices are expected to continue to reduce the Maximum Daily Demand (MDD). Reduction in demand through conservation measures can postpone the need for construction of additional supplies. MDDs can be met by the combined capacity of the surface water treatment plant and the existing groundwater wells through approximately 2008. Future supplies would be developed from groundwater sources. Analysis of the capacity of Yakima's sources to meet water needs for the years 2000 through 2025 is based on the following assumptions: • In normal water supply years, the existing water treatment plant is rated at 25 MGD (17,400 gpm), which is consistent with the DOH Water Facilities Inventory (WFI). • Existing groundwater wells (Kiwanis, Airport and Kissel Park Wells) are designated for emergency use only. Since the existing groundwater wells are for emergency use, they are excluded from the Non - Drought year (Normal) supply. • During 2001, 2003, 2004 and 2005 droughts, the United States Bureau of Reclamation prorated the contract water to as little as 29 %. The 2001 drought was the most severe year since the Naches River Water Treatment Plan was placed into service, and is used as a worst case scenario for projecting and preparing to meet all possible conditions for future water needs. These droughts were considered to be an emergency condition, and therefore, the Groundwater Wells were activated. • A new well is proposed for installation at Elks Park or Gardner Park. This new well would use the remaining 3,000 gpm of the Ranney Well water right. • Two future 2,500 gpm (3.6 MGD) Aquifer Storage and . Recovery (ASR) wells are proposed. Initially both ASR wells will be designated as emergency sources. In 2015 1111 one ASR well will be changed to a normal source. City -Wide Water Storage Sites The City's existing storage capacity is 32 million gallons distributed among five reservoirs in three pressure zones. The zones are the three service areas within the system that provide the required water supply. The relationship between the Low, Middle and High pressure zones is based upon a hydraulic system that can deliver the water at adequate volumes and pressure and provide an adequate supply of water during fire demand and emergency situations. Required fire flow volumes, evaluated by pressure zone, are 2.2 MG in the Low zone, and 1.5 MG in each of the Middle and High zones. Storage requirements include equalizing and operational storage plus the greater of either fire flow or emergency storage. When the source pumping system cannot meet the periodic daily (or longer) peak demands placed on the water system, Equalizing Storage (ES) must be provided. Operational storage is the volume of the reservoir devoted to supplying the normal system demands without pumping. A noted deficiency is the low turnover rate in the Middle Zone reservoirs during low demand periods. This will be improved with a new waterline project being constructed in 2006. Projections of equalizing and operations storage needed to supply future needs include the estimate that converted irrigation demands will be 9.5 MG in 2014. The emergency (or standby) volume is the largest of the three storage factors evaluated. A • vulnerability analysis indicated that the greatest danger would be the loss of the surface Yakima Urban Area Comprehensive Plan Page 5 1 1 • >'_ CHAPTER VIII - UTILITIES water supply caused by a WTP outage or failure of the 48 -inch transmission main. The potential impacts of this emergency were evaluated based on the assumptions that the • emergency would last 72 hours, that it would occur during the Maximum Daily Demand conditions, that demands could be reduced to Average Daily Demand within 24 hours, that two wells could be started within 2 hours, and that the remaining existing and future new wells could be started within 24 hours. The resulting volume of needed emergency storage is 27 Million Gallons in 2022. The currently available storage is adequate until 2022 with the exception of High Zone, which shows a deficit of 0.09 MG at that time. Recommendations and Capital Improvement Schedule The information contained in the 2004 Water System Plan Update provides the technical information needed to assist in the decision - making process regarding future needed improvements in the City's supply and distribution system. The identified improvements have been analyzed and prioritized in the Water System Plan Update and schedule as required by WAC 246- 290 -100. The specific improvements, which are identified in the Plan, are divided into four functional component categories: • Source of Supply — The current normal source of supply is the Naches River Water Treatment Plant with an average capacity of 25 million gallons per day (MGD). This supply is adequate to meet the projected maximum day demand (MDD) until 2008. The three active wells (Kiwanis, Airport, and Kissel Park) have been designated as emergency use supplies. A proposed new 3000 gpm deep well located in Elks or Gardner Park would enable the City to beneficially use the balance of the Ranney Well water right, and provide the additional year around source that is needed to meet projected MDD after 2008. The estimated cost of a new well including well pump, well house and engineering and administrative costs is $2,500,000. Two Aquifer Storage and Recovery (ASR) wells are proposed, which would initially be emergency only supply sources. If the projected Maximum Day Demands were realized by the year 2015, one of the proposed ASR wells would be converted from an emergency supply status to a normal supply source. The first ASR well would be installed in 2012 and the second would be installed in 2014. The estimated cost for each of the ASR wells would be approximately $2,500,000. • Water Treatment — Recommended improvements in the water treatment facilities would address Residuals Handling at a cost of approximately $1,800,000. Residuals are the elements removed from the water supply during the treatment process. • Storage — The only deficiency, which has been noted, is the low turnover rate of the !, water in the Middle Zone reservoirs during low demand periods. The recommended improvement to resolve this deficiency is the installation of new waterlines and control valves at the Middle Zone reservoirs, which will be completed in 2006. • Distribution — The recommended improvements to the distribution system are not needed to correct any existing deficiencies, but are included in the capital improvement program as part of the City's on -going efforts to maintain and upgrade the quality of the system to meet current and future needs. Yakima Urban Area Comprehensive Plan Page 6 ` %- CHAPTER VIII - UTILITIES Financing The objective of the financial program is to identify the total cost of providing water service, objective P 9 Y assure that the utility improvement schedule will be implemented, and assist in establishing _ adequate fees for service. A comprehensive financial program is needed to successfully implement the recommended capital improvements and the continued operation and maintenance of the system. The City completed a Cost of Service and Rate Study for the Domestic Water Utility in October 2004 in order to: 1) Project future revenues under existing rates to determine if they were adequate to meet the operating expenses and capital improvements program needs; and 2) Analyze the cost of service to allocate revenue requirements in accordance with various customer class demands. A rate design was determined from the results of the analysis. An updated Cost of Service and Rate Study will be completed in 2007/2008. Revenue for the Operating Fund is derived from user changes charges for metered water sales, miscellaneous revenue such as hookup, connection fees and penalties, new water services, personnel services and interest income. Obligations of the Domestic Water Utility Capital Fund are met from a combination of available funds on hand, proposed low interest loans, grants, cash transfer from the Operating Fund, and interest income. Although there are limited alternative funding sources available, the City is committed to continue seeking outside funding sources. 41 0 WASTEWATER SYSTEM • The City of Yakima -owned and operated Yakima Regional Waste Water Treatment Plant (WWTP) provides treatment services for the City of Yakima, City of Union Gap, the Terrace _ Heights Sewer District, which includes the City of Moxee since 2006, and the unincorporated areas of the City of Yakima's Urban Growth Area (see Map VIII -2 — Waste Water Service). The means for the WWTP to serve these areas is based upon an inter - local agreement known as the "Four Party Agreement (4PA) ", which was agreed upon and entered into by the City of Yakima, Yakima County, the City of Union Gap, and the Terrace Heights Sewer District to allocate capacities and service areas (see Map VIII -3 — Yakima Four Party Sewer Service Area). Table VIII -1: Waste Water Treatment Plant Capacity Allocation shows the percentage of capacity allocated to each entity.). This original agreement was signed in 1976, and many amendments have since been made to the document. Table VIII -1: Waste Water Treatment Plant Capacity Allocation % of Capacity Service Area Allocation City of Yakima & Urban Growth Area 87.9% City of Union Gap 8.1% Terrace Heights Sewer District (Including 4.0% Moxee) . • Total 100.0% Source: Yakima Wastewater Division, 2005 Yakima Urban Area Comprehensive Plan Page 7 CHAPTER VIII - UTILITIES Capacity • The current design treatment capacity of the Yakima Regional WWTP is 21.5 MGD Average Flow (max, month), 53,400 pounds per day of Biological Oxygen Demand (BOD) loading (max, month), and 38,600 Ibs /day Total Suspended Solids (TSS) loading (max, month), which provides for sufficient capacity until approximately 2018 at which time additional plant expansion and capacity will be required. Since early 2010 the WWTP has commenced the process of updating its 2004 WWTP Facility Plan and evaluating economic options which could provide increased plant capacity. During the early stages of this process it was identified that a significant amount of the plants capacity could be recovered by separately treating high strength seasonal and yearly wastewater loading from local industrial fruit and food processors (i.e. Del Monte, Seneca, Noel Canning, Jewel Apple, and other types of industries or business such as wineries /breweries, milk /cheese production, and bakeries) through an anaerobic treatment facility. The reason that treatment of industrial waste through an anaerobic treatment facility can provide additional capacity, and is cost effective for the WWTP is that organic loads from the top three industrial food processors within the City of Yakima comprise more than half of the overall waste load for the WWTP. When these industries discharge their organic loads to the WWTP they have a significant impact on the overall municipal WWTP load capacity, thereby limiting the plants overall all treatment capacity. When the WWTP's treatment capacity is reached or exceeded additional connections to the •WWTP system become limited, and costly plant capacity upgrades are necessary (i.e. aeration basins). By separating the industrial organic loads and domestic Toads the demand on the rest of the municipal treatment plant processes will be lessened thereby prolonging the need and • requirement to provide additional plant capacity upgrades. By separating industrial and domestic wastes within the City of Yakima, sufficient capacity will exist within the WWTP to meet the projected growth of the City and surrounding communities until approximately 2020 at which time the WWTP capacities will be re- evaluated. , Table VIII-2: Current and Future Capacity Summary identifies capacity of current facilities and required capacity at year 2024 projected loading conditions. • Yakima Urban Area Comprehensive Plan Page 8 CHAPTER VIII — UTILITIES • Table VIII -2: Current and Future Capacity Summary Facility Current Future Capacity 2024 Planned Improvements Capacity Bar Screen & Screening Sufficient Sufficient Compactor _ Grit Removal Sufficient Sufficient Flow Measurement Sufficient Sufficient Primary Clarifiers Sufficient Sufficient Trickling Filters Pumping Sufficient Sufficient Station Trickling Filters Sufficient Sufficient Aeration Basins Sufficient Insufficient after 2018* Add additional Aeration Basins as needed. Aeration Blower Sufficient Sufficient Insufficient redundancy Secondary Clarifiers Sufficient per WDOE Class 1 requirements RAS Pumping Sufficient Sufficient subject to planned improvements WAS Pumping Sufficient Sufficient subject to planned improvements Chlorine facilities were • Ultra Violet Disinfection Sufficient Sufficient replaced with Ultra Violet Disinfection in August of 2009. Outfall Sufficient Sufficient DAF Thickener Sufficient Sufficient Rebuilt in 2010. Need new digesters by Primary Digesters Sufficient Insufficient* 2024, and to ensure meeting the Class B detention requirements. Secondary Digester Sufficient Sufficient Source: Yakima Wastewater Division, 2004 * Require Implementing Measure Collection System The Yakima Regional WWTP collection system consists of seven major wastewater collection basins, 200 sub - basins, approximately 335 miles of sewer pipes, eleven lift stations and force mains, and approximately 5,565 manholes. The extension of the City's sewer system with regards to development is mainly funded by developers, local property owners or through the City managed Emergency Sewer Program in cases where private septic systems have failed. Of the 335 miles of sewer pipe that the WWTP maintains 20,000 feet are dedicated entirely for the transmission of high strength food processors with wastewater containing a BOD of • greater than 1,000 mg /L (usually of high sugar content) and TSS of less than 400 mg /L. The existing IW line runs from Quince St. S. along N. 3 Ave to Cherry, thence S. on N. 2nd Yakima Urban Area Comprehensive Plan Page 9 CHAPTER VIII - UTILITIES St. to Peach St., thence northeasterly to Ranch Rite Road, thence E. to S. 13 St., S. to E. Viola, and E. to the 1 -82 on ramp. In conjunction with the WWTP's update of its 2004 WWTP Facility Plan the WWTP is planning an extension of the existing IW line of approximately 12,000 lineal feet of pipe to connect existing high strength industrial users, and approximately 8,000 lineal feet of pipe at a later date (these figures do not include estimates to serve the industrial corridor along SR 24 going to Terrace Heights and Moxee) as this is currently outside the City limits. Terrace Heights Sewer District will need to plan accordingly to separate and direct any existing or new high strength industrial users to the IW line particularly new development along the SR -24 corridor. The approximate proposed locations of these lines are as follows: 1. Quince St. N. to River Rd. then W. to Fruitvale B Ivd; 2. The intersection of N. 6 Ave. and River Rd. N. to 1 -82; 3. The intersection of Quince St. and E. "H" St. N.E. in the alignment of "H" St. to the Boise Cascade properties; 4. Ranch Rite Rd. N. to S. Naches Ave.; and 5. From the existing S. terminus of the existing IW line S.E. in alignment with SR -24. See Map VIII -3 — Existing and Proposed Industrial Waste Lines for approximate locations. It is anticipated that the installation of these IW line extensions and connection of both existing and new food processors will provide economic benefits to both the City and industrials users which include the following: 1. The City of Yakima will recover increased plant capacity through installation of a lower operational cost bio- reactor versus another higher cost aeration basin and /or other upgrades; • 2. New industrial users could be attracted to Yakima with the knowledge that they can connect to the IW line and system providing increased economic development within the City; 3. Industrial users of the IW line would receive the benefit of paying for the operation of the bio- reactor and treatment of their industrial waste; 4. New industrial users will need to pay connection charges based on the cost of the bio- reactor and other factors yet to be determined and 5. As new industrial users connected to the IW line the cost of operation of the system may decrease as each industry pays their proportionate share of the costs of operation. There are three identified deficiencies to the City's collection system, the aging of pipes, capacity of various pipes, and failures of area septic systems. The primary costs anticipated for maintaining the existing levels of service for safety renewal and mandatory improvements in relation to the WWTP are linked directly to the rehabilitation of older parts of the collection system. Many of the clay pipes which are still utilized in some areas of the city are over one hundred years old, and many of the concrete pipes still in use are over 40 years old. Infiltration and inflow of storm water into these pipes decrease system capacity and increase the maintenance costs of the transmission system. Exfiltration of effluent from these pipes also presents environmental and health risks and therefore, continued focus should be placed on updating older parts of the system. The City is currently conducting an evaluation of its sanitary sewer to determine how best to Yakima Urban Area Comprehensive Plan Page 10 "A: ' CHAPTER VIII — UTILITIES • effectively serve each basin and sub - basin. The project is projected to be completed within the next 20- months providing a detailed map of all connecting sewer lines. Regarding septic system failures, some of the older areas in the City, which include the Southeast Neighborhood area, are still served by septic systems. These older portions of the system are susceptible to failure, resulting in health and environmental risks. As a result, both City and privately funded extensions such as Local Improvement Districts and latecomer agreements should extend sewer to serve these areas. Non -City Managed Facilities Terrace Heights Sewer District The Terrace Heights Sewer District provides sewer service to the eastern portions of the City of Yakima's Urban Growth Area more commonly known as Terrace Heights (east of the Yakima River including the City of Moxee), which encompasses approximately 5,100 acres. Based upon the District's 2005 General Sewer Plan Amendment and a 3 % -10% annual growth rate as depicted within the plan, the projected population to be served for the year 2015 would be 7,324 to 14,145 people. The Terrace Heights Sewer District indicates that repair and maintenance of the system will occur when needed and the future extensions necessitated by future development will be provided and funded by the prospective developer as well as sewer collection fees. Terrace Heights Sewer District and Yakima County will need to plan accordingly to separate and direct any existing or new high strength industrial users to the IW line particularly new development along the SR -24 corridor. Table VIII -3: Terrace Heights Sewer System Proposed Expansions identifies major system expansions to the Terrace Heights Sewer District's sewer system through the year 2015. Table VIII -3: Terrace Heights Sewer System Proposed Expansions Improvement Description Construction of new Lift Station No. 1 at the Lift Station No. 1 intersection of SR -24 and Riverside Road to replace the existing lift station located at the intersection of SR -24 and Keys Road. _ Construction of new 12 -inch force mains from Lift Two New 12 -Inch Force Mains Station No. 1 to SR -24 Bridge (east side), and from the west side of the new SR -24 Bridge to the Yakima Regional Wastewater Treatment Facility. Eight -Inch Gravity Sewer from Construction of an 8 -inch sewer main form Keys Keys Road to Riverside Road Road across private property to connect to the new 24 -inch sewer main located on Riverside Road. Two -Inch Low - Pressure Sewer Construction of a new 2 -inch low- pressure sewer Force Main from Keys Road to force main from Keys Road to the New South 33 South 33 Street Street gravity sewer. Source: Terrace Heights Sewer District's 2005 General Sewer Plan Amendment. * Require Implementing Measure Yakima Urban Area Comprehensive Plan Page 11 CHAPTER VIII - UTILITIES City of Union Gap The City of Union Gap is not within Yakima's Urban Growth Area for sewer planning purposes. However, Union Gap's Urban Growth Area is within the Urban Service Boundary of the Yakima Regional WWTP. Under the "Four Party Agreement" the Yakima Regional Wastewater Treatment Facility provides treatment service for the City of Union Gap (see Map V111 -3 - Four Party Sewer Service Agreement). Union Gap has a General Sewer Plan dated June 2000 with a projected population to be served for the year 2015 of 6,655. STORM WATER SYSTEM: The City of Yakima's municipal storm sewer system (MS4) is a system for the conveyance of stormwater runoff from the public streets that includes over 120 miles of storm drain pipe and over 5,000 storm drains. It is not designed or intended to convey stormwater runoff from private property or from public parcels. This MS4 collects stormwater runoff and carries it untreated to several local water bodies, including the Yakima River and Wide Hollow Creek. While the runoff is untreated, the City has taken several steps to limit the amount of pollutants that reach the pipe outfalls. The treatment of stormwater may be a requirement in future permits issued by Ecology. In 2008 the City formed a Stormwater Utility, allowing it to collect assessment fees from property owners that: • Fund a maintenance program which: o cleans all of the storm drains and pipes; o smokes all of the lines to find illicit connections and then has them removed; o funds a large portion of the street sweeping program; and • • Fund a capital program to make improvements to the existing system including addressing localized flooding and safety hazards, or to construct new MS4 infrastructure. These activities have allowed the City to remain in compliance with its Eastern Washington Phase II Municipal Stormwater Permit with the Washington State Department of Ecology. The City is currently a partner with the Regional Stormwater Policy Group. The City also has over 500 underground injection control wells (UICs) that discharge runoff directly to groundwater without pretreatment of pollutants. The City has received a grant to assess these UIC wells and to fund a retrofit project that will use at least three different types of best management practices in pre- treating the runoff before it gets into the groundwater. The City is currently conducting an evaluation of its stormwater system to determine how best to effectively serve each basin and sub - basin. The project is projected to be completed within the next 20- months providing a detailed map of all connecting stormwater lines. GOALS AND POLICIES Goals and Policies will serve two principal purposes: to guide development decisions in the UGA, such as rezone requests, development reviews, etc. or to outline specific actions or • programs that implement the Plan. The latter are presented in Chapter II — Action Plan, Yakima Urban Area Comprehensive Plan Page 12 ' CHAPTER VIII - UTILITIES both as a means of implementation and to meet the mitigation requirements of this integrated SEPA/GMA document. Water GOAL 8.1 PROVIDE ADEQUATE WATER SERVICES WITHIN THE URBAN AREA IN A MANNER THAT IS ENVIRONMENTALLY SENSITIVE, SAFE AND AESTHETICALLY COMPATIBLE WITH SURROUNDING LAND USES. Policies 8.1.1 Coordinate with other jurisdictions and suppliers in the Urban Area to ensure a reliable, economic source of water and to address the long -term regional water demand needs of all of the area's agencies and suppliers. 8.1.2 Encourage the conservation of water resources and undertake actions, when possible and appropriate, to conserve water and water resources. 8.1.3 Implement system rehabilitation and improvements in order to manage water resources. Wastewater GOAL 8.2: PROTECT PUBLIC HEALTH AND ENVIRONMENTAL QUALITY THROUGH APPROPRIATE AND EFFICIENT DESIGN, INSTALLATION AND MAINTENANCE OF SANITARY SEWER FACILITIES AND TO PROMOTE ECONOMIC DEVELOPMENT Policies 8.2.1 Work with Yakima County and adjoining jurisdictions, and local purveyors to manage, regulate and maintain the regional sewer system. 8.2.2 Pursue required maintenance and improvements to increase efficiency and expand the wastewater plant capacity in concert with the growth of this region. 8.2.3 Correct deficiencies and increase system efficiency. Emphasis should be placed on correcting deficiencies that present sewage overflow risks. 8.2.4 Require new development to be connected with the sanitary sewer. 8.2.5 Septic systems should be considered when sewer is not likely to be provided within the timeline of this plan. 8.2.6 Connect areas with failed septic systems to sanitary sewer. 8.2.7 Provide the City of Yakima a co- terminus sewer service boundary with the Urban Growth Boundary and any increases to the Urban Growth Boundary. 8.2.8 Install a Bio- Reactor at the WWTP to separately treat high strength food processors wastewater for businesses such as canaries, food processors, beverage industries, wineries, breweries, milk and cheese production, and bakeries. Other industries waste may be treated; however connection to the IW line is at the sole discretion of the Yakima Regional WWTP. 8.2.9 Extend the existing IW line as depicted in Map VIII -3 to connect the existing high strength industrial food processors. 8.2.10 Encourage and allow existing and proposed high strength food processors with wastewater containing a BOD of greater than 1,000 mg /L (usually of high sugar 4110 content) and TSS of less than 400 mg /L to connect to the IW line. Yakima Urban Area Comprehensive Plan Page 13 CHAPTER VIII - UTILITIES Provide economic incentives to encourage both new and existing food processor to locate or relocate along the IW line. 411 Stormwater Goal 8.3: COMPLY WITH THE EASTERN WASHINGTON PHASE II MUNICIPAL STORMWATER PERMIT AND STATE UNDERGROUND INJECTION CONTROL (UIC) PROGRAM, IN PROTECTING PUBLIC HEALTH AND ENVIRONMENTAL QUALITY. Policies Work with Yakima County and adjoining jurisdictions, and local purveyors to manage, regulate and maintain the regional sewer system. 8.3.1 Continue to be a partner with the Regional Stormwater Policy Group to coordinate stormwater compliance activities that benefit the public. 8.3.2 Encourage green infrastructure that provides the greatest benefit in cleaning the water and protecting the environment at the lowest financial impact. • Yakima Urban Area Comprehensive Plan Page 14 ' ' CHAPTER VIII — UTILITIES 0 1111°F , z Map VIII -1 — Water Service CC MC 0 a < Z CU D C co t E a Y E co >- O U e . ■ Oyf WA • G1 W . .) eve.. v .' -n If -1 9 1M - i y • 1 Ill._ _ .— - gII L - •- J4_7 ■ 3 0 �. i _ y ll i — i1L� �. R w . — == — E i T 2 ��. r.R ew ■w■ �Aii� ,jjy, :;jai -r- _ a 8 > $ 8 �+ ` 11.1 F I F "At. 3PO413 • 19 U j .._ a w r . ,w_ 1 , , a as 3Yruw9 IF p ry .bAe Y ? G •' 11'q v J 1 I S e. - 4 111 0 Yakima Urban Area Comprehensive Plan Page 15 • III III i., . i ....m. . i#41 4.....erizr ow 'illh . 1 4 issi — g iii mr.Orridg ,.., , k II A 1 k ,...,,/ ,......._ ,,. , ....',4- , ..::... 7617 ..., z _74.,..x. 0 j‘:,., ,.\ ..... Ime7....1 '-' allit R °.I l la. f�� if ,— •-� -- - 7, 1; f � , v x i• � - = . �' 1 ._ " ' l og l i... g:i . - Isu �.�s�a �� 13 �' I '`__ 1 1 0 11 1 !!C:1 1�1 3ti �`:1? "�� f i ` , it i` , ; IJ G • PO IiIL ►�• i 1 y � 1 . � �1 1 � { � 1. t•j`,. n .1ll 1 140 " . •• / -i ' ' � a J7Y J �I {If ltl mil. 1 • ,�11 ' � r■ 1: w l � k ' i..k',!' " g n'�. r m t . 1 t a1 illElli --- hurt. ''••••• •r-,, 1 � ' r5de,...pwrii - ---,0 : z::_!:: iii IP IliplIMMIMI 161 .0111111 lAveg • "111•1111111M11 T 1 _ A . 1 warior IN i , I: , no. , ,..,., 0 is . CD I � c) y rri — s" to 12" Pipe Q Yakima City Limits aty of Yakima I c011I ' .fir ^ te r -,a. Yakima Urban Growth Aree ~ 18" Pipe and Larger — •• . Four Party Sewer Agreement o r.�e 9,aao s.aoo stsn �snm Outside Urban Growth Area 1 ► � Feel Waste Water Service Ai Up ti rt cn