HomeMy WebLinkAbout2011-041 Classification Change for Property, Vicinity of North 3rd and 4th Streetsgquggmpiiq:uiiuuquiimi
FILE# 7742175
YAKIMA COUNTY, WA
10/17/2011 03:15:27PM
ORDINANCE
PAGES: 8
CITY OF YAKIMA PLANNING
Recording Fee: 69.00
October 17, 2011
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 2011 -41
(CPA #003 -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 North
3`d and 4th Streets from 'R' and 'S' Streets to 1 -82 (ONDS -CD)
PARCEL NUMBERS: 191307 - 32401, 32403, 33002 (Additional parcel numbers
on page 6)
LEGAL DESCRIPTION: 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; (ADDITIONAL
LEGAL DESCRIPTION ON PAGE 8)
ORDINANCE NO. 2011 -41
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
th'e vicinity of North 3rd & 4th 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 3rd and 4th
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
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 No'nsignificance for this Future Land Use Map Amendment and
Rezone in accordance with WAC 1.97 -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 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.
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.
ATTEST:
Publication Date: October 7, 2011
Effective Date: November 6, 2011
Micah Cawley Mayor
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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
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 3rd and 4th 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 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 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.
YAKIMA PLAN NING''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 land 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.
LOTION
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 410
vote. /
� 4/f
Date
Yakima Plannincr-Commission
2011 Yakima Planning Commission
Comprehensive Plan Amendment
and Rezone Recommendations
EXHIBIT "R"
LEGAL DESCRIPTION
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 6 OF BLOCK 6;
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.
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.
I
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