HomeMy WebLinkAbout2011-045 Classification Change for Property, 708 & 710 North 5th AvenueFILE# 7742179
YAKIMA COUNTY, WA
10/17/2011 03:20:53PM
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 -45
(CPA #007 -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 708 and 710 North
5th Avenue (American Investment Group LLC)
PARCEL NUMBERS: 181313 - 43021, 43020
LEGAL DESCRIPTION: 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. (ADDITIONAL LEGAL
DESCRIPTION ON PAGE 8)
ORDINANCE NO. 2011 -45
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 5th 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 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, 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 5th 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 V007 -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 ilaccordance 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 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 ipublication 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.
d � la/I (1/Z
Micah Cawl , Mayor
ATTEST:
City
Publication Date: C
Effective Date: N
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r 7. 20 u_ ,�
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 5th 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:
a1 17L`Le?
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
5th 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 5th 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
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.
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 410 vote.
val, Chairman Date /
akima Planning ion
EXHIBIT "B"
LEGAL DESCRIPTION
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.
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
•