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Home My WebLink About2011-044 Classification Change for Property, 660 North 18th Ave11 r FILE# 7742178 YAKIMA COUNTY, WA 10/17/2011 03 :19:35PM 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 -44 (CPA #006 -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 660 North 18th Avenue (Doug Bernd) PARCEL NUMBERS: 181314 -44456 LEGAL DESCRIPTION: 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. ORDINANCE NO. 2011 -44 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 18th Ave, Assessor's tax parcel numbers 181313-43020, 43021, from Medium Density Residential to Industrial and zoning to M' -1, 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, Douglas Bernd, has submitted an application requesting that the classification of the property legally described in Exhibit "B" and located at 660 North 18th 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 V006 -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 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 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 th'e 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 affect1he 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. CL Micah Cawle , Mayor ATTEST: X11 �� yPK1Mq City Clerk *° 1 SF,.psL 1 Publication Date: October 7 201 Effective Date: November 6, 20 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 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 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 18th 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 18th Avenue on the southwest corner of the intersection of N. 18th 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 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. 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. � 1 ----2 " Shoral, ( akima Planr 2011 Yakima Planning Commission Comprehensive Plan Amendment and Rezone Recommendations 1/6/11 Date EXHIBIT "B" LEGAL DESCRIPTION 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. 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 •