HomeMy WebLinkAbout2011-039 Classification Change for Property, Vicinity of S 24th and Washington Avenuesq q siisiiioi3 ioiiiaius
FILE# 7742173
YAKIMA COUNTY, WA
10/17/2011 03:09 :13PM
ORDINANCE
PAGES: 7
CITY OF YAKIMA PLANNING
Recording Fee: 68.00
October 17, 2011
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 2011 -39
(CPA #001 -11) 2011 Amendments to the Yakima Urban
Area Comprehensive Plan map and zoning
Grantor: City of Yakima
Grantee: The Public
ABBREVIATED DESCRIPTION:
Ordinance changing classification and zoning of property in the vicinity of South
24th and Washington Avenues (Irwin - Maggard)
PARCEL NUMBERS: 181335-24003,24007 (Additional parcel numbers on
page 5)
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, (ADDITIONAL LEGAL
DESCRIPTION ON PAGE 7)
ORDINANCE NO. 2011 -39
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 24th 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 W
WHEREAS, RC 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 24th 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
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 I 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.
PASSED BY THE CIY COUNCIL at a regular meeting and signed and approved
this 4th day of October, 2011.
Micah Cawley, /Mayor
ATTEST:
City Clerk - APK�MA
Publication Date: October T 2011
Effective Date: November 6, 2011
�'ASH1N�'�
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, 20111.
APPLICANT: Jerry Maggard and Jere Irwin
LOCATION: Vicinity of S 24th & 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 1, Light Industrial to GC, General Commercial.
The subject property is situated northwest of the intersection of S 24th 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 mot arried by a 6/0 vote.
, Oval Ch - an /� Date
Yakima
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.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 0
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
S24 th 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):
hone:
Funding Source,
APPROVED FOR SUBMITTAL: 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.
• 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_O.ffice_of...Neighbor_hood - and- Community
Development Services for property located in the vicinity of North 3rd and 4th 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 18th 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 5th 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.
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