HomeMy WebLinkAbout2011-042 Classification Change for Property, 3107 River RoadFILE# 7742176
YAKIMA COUNTY, WA
10/17/2011 03:16:35PM
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 -42
(CPA #004 -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 at 3107 River Road
(Hidden Waters /Chiawana)
PARCEL NUMBERS: 181310-44003,181311-33401 and 181315 -11021
LEGAL DESCRIPTION: 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;
(ADDITIONAL LEGAL DESCRIPTION ON PAGE 8)
ORDINANCE NO. 2011 -42
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 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, 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
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 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 Com mission 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 4th day of October, 2011.
ATTEST:
City Clerk
Publication Date: October 7, 2011
Effective Date: November 6, 2011
4PKIMA
`gSHING
Micah Cawley, ayor
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 1,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 consi stent 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.
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 zone "to Wjoght Industrial. The motion carried by a 4/0 vote.
/enSCair"
Date
kima Planning
EXHIBIT "B"
LEGAL DESCRIPTION
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.
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
•
