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HomeMy WebLinkAbout07/20/2010 07 Aziz Awad Rezone - Removal of Conditions - Public Hearing; 716 and 718 South 6th St and 507 East Adams StITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting of: July 20, 2010 "Closed Record" public hearing to consider the Hearing Examiner's recommendation to remove conditions on a previous rezone of three contiguous parcels of property located at 716 and 718 South 6th Street and 507 East Adams Street. SUBMITTED BY: Michael A. Morales, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Christine Wilson, Assistant Planner, 576-6736 SUMMARY EXPLANATION: Mr. Aziz Awad seeks to remove the conditions imposed on a 2008 rezone of three parcels without changing their current Local Business (B-2) zoning designation. SOn May 27, 2010, and continued and closed on June 10, 2010, the Hearing Examiner held an open record public hearing to consider this rezone application. On June 24, 2010, the Hearing Examiner rendered his recommendation for approval by removing the existing conditions and substituting in their place new conditions on said previous rezone. Resolution Ordinance Contract _ Other (Specify) see index of attachments Funding Source APPROVED FOR SUBMITTAL: ; Z ? '- N City Manager STAFF RECOMMENDATION: Uphold the Hearing Examiner's recommendation. Direct Legal Department to prepare legislation. BOARD/COMMISSION RECOMMENDATION: The Hearing Examiner recommended conditional approval of the Rezone. COUNCIL ACTION: AZIZ AWAD RZ#001-10, SEPA#006-10 City Council Closed Record Public Hearing July 20, 2010 EXHIBIT LIST Applicant: Aziz Awad File Number: RZ#001-10, SPEA#006-10 Site Address: 716 & 718 South 6t1' Street / 507 East Adams Street Staff Contact: Chris Wilson, Assistant Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report • CHAPTER B Background Information CHAPTER C Maps CHAPTER D DST Review & Agency Comments CHAPTER E Application CHAPTER F Public Notices CHAPTER G Photos CHAPTER H Public Comments • City of Yakima, Washington Hearing Examiner's Recommendation June 24, 2010 In the Matter of a Rezone Application Submitted by: Aziz Awad To Remove Conditions on a Previous Rezone of Three Contiguous Parcels To the Local. Business (B-2) Zone RECEIVED JUN 2 4 2010 CITY OF YAKIMA PLANNING DIV RZ #001-10 SEPA #006-10 A. Introduction. The introductory findings relative to the hearing process for this application are as follows: (1) The, Hearing Examiner conducted a public hearing which commenced on May 27, 2010. This application seeks to remove the conditions imposed on a 2008 rezone of two parcels from the Historical Business (HB) zoning district and of one parcel from the Single -Family Residential (R-1) zoning district to the Local Business (B-2) zoning district. Existing uses on the two parcels on the northwest corner of the intersection of South 6th Street with East Adams Street are the Mercado Latino .II neighborhood food market and a beauty salon. The vacant parcel north of those uses is not yet developed. (2) The staff report presented by Assistant Planner Christine Wilson initially recommended that the conditions of the previous rezone to the B-2 zoning district be modified to remove the previous limitation that only a parking lot can be developed on the vacant parcel at 716 South 6th Street so long as all new uses comply with all applicable development . standards and that all commercial delivery vehicles for existing uses shall :load and unload only from the alley or another off-street loading area to be provided by the property owner in accordance with ,Section 15.06.130 of. the Urban Area Zoning Ordinance. Aziz Awad Request to Remove Rezone Conditions South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 1 DOC, INDEX X3ON{{I J RECEIVED JUN 2 4 201E 'PLANOIV CITY OF YAKINIO i (3) The applicant's representative, Bill Hordan of Hordan Plai g� NG Services, argued that all conditions limiting the future use of the applicant's vacant parcel should be removed from the previous rezone and objected to the substitution of new conditions on the rezone that address parking and loading area shortcomings of existing uses because the existing uses are grandfathered as to their lack of off-street parking and loading areas required by current standards and because proposed new conditions would not clearly allow for possible approval of any future administrative adjustments for future development of the property. (4) Samuel Gipson, a resident living at 713 South 6th Street, testified about dangerous delivery truck and customer parking issues explained in his letter dated May 17, 2010, that was submitted with seven photographs. The photographs, all taken the same day, show how the view of drivers and pedestrians is reduced by delivery trucks parked on South 6th Street near the applicant's . food market and how the vehicles using the six 90 -degree customer parking spaces on South 6th Street right-of-way must back into traffic. Two of the photographs show an accident near the comer. Mr. Gipson noted that a school zone is very close to the cluster of traffic and activity at the applicant's food market. He testified that the City's recommendation for delivery trucks to load and unload in the alley rather than on South 6th Street would not be workable because the alley is narrow and is used for access to residences next to the alley. He testified that instead the applicant should be required to improve his vacant parcel with a parking lot so that the large trucks could safely pull off of South 6th Street to load and unload, and so that store customers would not have to back into traffic. (5) Due to the evidence indicating that the lack of off-street parking and loading areas for the existing market is grandfathered and that the applicant cannot be forced to improve his vacant parcel solely as a parking lot to improve the situation unless and until such time that he may choose to do so, and due to Mr. Gipson's assertion that the alley west of the site is not a workable interim alternative for the loading and unloading of trucks on South 6th Street, the Examiner continued the hearing until June 10, 2010, for the parties to explore other possible ways to improve the existing parking and delivery area shortcomings in the interim until such time as the applicant chooses to develop his vacant parcel. (6) At the continued hearing on June 10, 2010, a letter from Bill Hordan of Hordan,. Planning. Services to Joseph Rosenlund of the Yakima Streets Division dated June 7, 2010, was admitted into evidence which requested the establishment of a loading zone on the south side of the Mercado Latino II neighborhood market Aziz Awad Request to Remove Rezone Conditions South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 2 • ^lG41J�E N 6�ILa� JUN 2 4 2010 CITY OF YAKIMi PLANNING DIV. within the north right-of-way of East Adams Street to alleviate the issue regarding delivery trucks that park in the street to make deliveries to the store which have a tendency to block or obscure traffic. Also admitted into evidence was an e-mail from Mr. Rosenlund to Assistant Planner Christine Wilson dated June 9, 2010, to the effect that a loading zone .on East Adams Street would be okay as long as the parking and loading is not allowed within 20 feet of the intersection and as long as the applicant pays for the materials and labor to install the types of signage and markings required by the City in the locations prescribed by the City. The e-mail also notes that it is likely that double parking of delivery vehicles and/or customer vehicles will occur along East Adams Street regardless of what is posted, but that it would be better for that to occur on East Adams Street than on South 6th Street where it currently occurs. A third document admitted into evidence was a memo from Christine Wilson to the Hearing Examiner recommending that a sentence be added to her fourth recommended new condition of the rezone to read as follows: "This statement does not preclude site plan specific review." (7) After reading the additional evidence, the Examiner asked questions of Christine Wilson and Bill Hordan in order to determine exactly how the wording of Christine Wilson's recommended conditions would be revised to read in order to incorporate the additional information that was presented at the continued hearing and in order to serve as an interim improvement in the current unloading and parking arrangement for existing uses pending development of the vacant parcel. (8) After determining exactly how the recommended conditions would be revised to read in light of the additional information submitted, the Examiner requested testimony from Samuel Gipson and Jean Stotts who are residents of the neighborhood who appeared to testify at the continued hearing. Mr. Gipson testified that East Adams Street would be better for unloading one delivery truck at a time, but not the two or more trucks that often arrive at the same time as is shown by his photographs in evidence. He also testified that the applicant should be required to provide off-street parking on his vacant parcel for the delivery trucks and customers of the food market : because ,of the hazard to traffic and pedestrians that is posed by any of the other parking and loading area alternatives. He maintained thisposition despite testimony from Mr. Hordan to the effect that the currentdeficiency in off-street parking for existing uses :is grandfathered so that the applicant cannot be forced to develop his vacant: parcel as additional off- street parking until he is ready to develop that parcel. Jean Stotts, who lives at 709 South 6th Street, testified that she would not like to see more businesses developed on the applicant's property. Aziz Awad. Request to Remove Rezone Conditions South 6t` Street and East Adams Street RZ #001-10; SEPA #006-10 3 DOC. INDEX 'Hht;h11'tt) JUN 2 4 2010 GI7Y OF YAKUVi, ► PLANNING DIV. (9) Written public comments consisted of Mr. Gipson's letter and a letter from Torsten and Gladys Kiddoo who live at 715 South 6th Street. Their letter likewise favored the development of applicant's vacant parcel as a parking and delivery area for the food market because of the hazards posed by large delivery trucks parked on South 6th Street and by customers backing onto that street. (10) This recommendation has been issued within ten business days after the continued hearing was concluded and the record was closed on June 10, 2010. B. Summary of Recommendation. Rather than removing all conditions of the previous rezone, the Hearing Examinerrecommends that the .Yakima City Council substitute new conditions based on information submitted by the Planning Division and the applicant at the continued hearing on June 10, 2010. C. Basis for Recommendation. Based upon views of the site without anyone else present on May 24 and June 12, 2010; the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing commenced on May 27, 2010, and concluded on June 10, 2010; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Examiner makes the following: FINDINGS I. Applicant/Property Owner/Representative. The applicant/property owner is Aziz Awad, P.O. Box 2022, Yakima, Washington, and his representative is Bill Hordan of Hordan Planning Services,.410 North 2nd Street, Yakima, Washington. Aziz Awad Request to Remove Rezone Conditions South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 4 • JUN 242010 CITY OF YAKIMA PLANNING DM II. Location. The location of the requested change in rezone conditions is 716 and 718 South 6th Street and 507 East Adams Street, Yakima, Washington. The respective Assessor's Tax Parcel Numbers for those addresses are 191319-43508, 43510 -and 43509. III. Application. The main aspects of this application are described as follows: (1) The three: contiguous parcels involved in this application totaling about one-third of an acre were rezoned on March 18, 2008, by City Council Ordinance 2008-14. That ordinance adopted the Findings and the Conditions set forth in the Hearing:, Examiner's recommendation in RZ #7-07 and; EC » #16-07 dated November 2 2007. (2) The two parcels on the northwest corner of the intersection of South 6th Street and East Adams Street are currently used for the Mercado Latino II neighborhood food market and .a beauty salon. The food market currently has six 90 -degree parking spaces on South 6` Street right-of-way where the customers must back onto South 6th Street. The beauty salon has six 90 -degree parking spaces on the site north of East Adams Street where the customers must back onto East Adams Street. No other off-street parking spaces have ever been provided for the existing uses. The two parcels were originally zoned Historical Business (HB). The third parcel north of those parcels was originally zoned Single -Family Residential (R-1) and is currently vacant. In 2007, the applicant submitted a project rezone application to rezone all three parcels to Local Business (B-2) in order to construct a parking lot on the vacant parcel that would alleviate the shortage of parking for the food market. The applicant's project rezone request was approved subject to the following three conditions: "(a) The rezone will accommodate the proposed expansion of the existing commercial activities on parcel number 191319-43508 for development of an accessory parkinglot use for the current commercial activities on parcel numbers 191319-435.10 and/or 191319-43509. (b) The rezone is limited to support of existing commercial: activities, i.e. a food market and a laundromat. (c) The rezone is limited to an accessory parking lot use to be constructed in accordance with a site plan to be submitted_.for :the City Planning Aziz Awad Request to Remove Rezone Conditions South 6�'' Street and East Adams Street RZ #001-10; SEPA #006-10 5 DOC. INDEX tt.eJt!!Lt.) JUN 2 4 2010. CITY OF YARiM, PLANNING DIV.. Division's consideration and approval showing the off-street and on -street parking spaces on the three parcels in a manner that is acceptable to the City, the site screening that will be required by the City and all other details related to the proposed parking improvements that may be required by the City Planning Division in order to comply with applicable development standards." (3) Since the rezone was approved, the applicant has purchased two additional contiguous parcels to the north of the vacant parcel which he may wish to have rezoned to B-2 and developed in conjunction with the vacant parcel. The conditions placed on the previous rezone that limit use of the vacant parcel solely to a parking lot for existing uses prevent a coordinated plan for possible shared parking by potential additional uses. The requested flexibility to be able to propose a new use for the vacant parcel or a coordinated development of the vacant parcel with other parcels would defer until submittal of a development plan the determination as to the amount of parking to be required on the vacant parcel for new uses and possibly for alleviation of parking and delivery area shortcomings for existing uses. The latter determination would depend upon a determination at. that time as to any grandfathered rights to lack of off-street parking for existing uses and whether the City would allow the existing parking arrangement for existing uses to continue. IV. Notices. Notices of the open record public hearing which was commenced on May 27, 2010, and which was continued on the record until June 10, 2010, were provided in the following manner: Posting of notice of hearing on the property: April 27, 2010 Mailing of notice of hearing to owners within 500 feet: April 30, 2010 Publishing of said notice in the Yakima Herald -Republic: April 30, 2010 Notices of the application were sent to 113 adjoining property owners. Two letters in opposition to the proposal were received. Both letters cited the need for a parking lot on the vacant parcel to correct traffic problems that currently exist. Concerns included delivery trucks that routinely park directly in South 6th Street which impede .the line of vision at the intersection of South 6th Street and East Aziz Awad Request to Remove Rezone Conditions South 6"' Street and East Adams Street RZ #001-10; SEPA #006-10 • REGEIVbUU. JUN 2 4 2010 CITY OF YAKIro PLANNING DIV. Adams Street formotorists and pedestrians alike. Safety concerns were also raised. regarding the parking area located in front of the market on South 6th Street because drivers back out into a heavily traveled arterial at an intersection., V. State Environmental Policy Act. A final Determination of Non- significance was issued on October 4, 2007, for the previous rezone request for the applicant's three parcels under file number EC #16-07. Since this application involves the same parcels without a change in their current B-2 zoning, the City issued an Adoption of Existing Environmental Document on April 26, 2010, for the Environmental Checklistsubmitted: with this application under file number SEPA #006-10. There was no appeal of the April 26, 2010, SEPA determination. VI. Traffic Concurrency. As a non -project rezone, this application was determined to be .exempt from review under the City's Transportation Capacity Management Ordinance. VII. Current Zoning and Land Uses. All three of the applicant's parcels are zoned Local Business (B-2) in the Neighborhood Commercial Comprehensive Plan designation. The southeast parcel is used for a neighborhood . food market, the southwest parcel is used for a beauty salon and the northern parcel is vacant. Adjacent parcels have the following characteristics: Location Zoning; Comprehensive Plan Land Use North R-1 Low Density Residential Vacant South R-1 Low Density Residential . Residential East R-1 Low Density Residential Residential West R-1 Low Density Residential Residential Aziz Awad Request to Remove Rezone Conditions South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 DOC. INDEX •• RECEIVED JUN 2 4. 2010 CITY OF YAMIIVitA PLF�NV N VIII. Rezone Review Criteria. Recommendations regarding applications orG DIV. removal of conditions of a previous rezone within the Yakima Urban Area must be based upon the following criteria specified in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance (UAZO): (1) The testimony at the public hearing: The testimony presented at the public hearing support this recommendation in the following ways: (a) City Assistant Planner.. Christine Wilson and the applicant's representative Bill Hordan ultimately testified at the continued hearing of June 10, 2010, in favor of the new conditions here recommended for the previous rezone. (b) Resident Samuel Gipson presented. legitimate concerns about parking and delivery area shortcomings of the existing uses. His proposed solution was to require the applicant to develop his parcel as a parking lot to improve those shortcomings. Absent being able to force the applicant to take that action at this time, Mr. Gipson was unable to suggest a way to improve those shortcomings in the interim until the applicant submits a development plan for the vacant parcel that may be reviewed by the City as to adequacy of parking for proposed uses and the grandfathered nature of any deficiencies in off-street parking for existing uses. (c) Jean Stotts testified that she would not like to see more businesses developed on the applicant's property. (d) The weight of the testimony presented at the hearing established the following facts which are the reasons for the recommended substituted conditions of the previous rezone of the applicant's three parcels: (i) The substituted conditions recommended by Christine Wilson and by Bill Hordan in consultation with Streets and Traffic Operations Manager Joseph Rosenlund at the continued June 10, 2010, hearing would improve the existing parking and delivery area shortcomings of the applicant's existing uses even though they are not perfect solutions; (ii) Therecommended conditions would make it more likely that the applicant will submit a development plan for the vacant parcel in the foreseeable future, either by proposing development only on the vacant parcel or in conjunction with the applicant's two parcels to the north; Aziz Awad Request to Remove Rezone Conditions South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 RECEIVE[ }UN 2 4 2010 CITY OF YAKIIIM (iii) Until a better long-term solution to the existing par YNANO DIV• delivery area shortcomings can be found, Mr. Rosenlund's view is correct to the effect that it will be better if vehicles double park in violation of signage to be posted on Adams Street than if they do so on 6th Street; (iv) Discontinuance of the food market's current parking arrangement without a better alternative pursuant to Mr. Rosenlund's written comment to the effect that there is no vested right to park within the public right-of-way would disperse the customer parking to other on -street areas of the neighborhood that could create additional traffic safety issues; (v) When the applicant submits a development plan for the development of the vacant parcel alone or in conjunction with other parcels to the north, a determination can be made as to the amount of parking to be required on the vacant parcel by considering any new proposed uses and the applicant's obligation, if any, to provide off-street parking for existing uses; (vi) Substituting the Planning Division's new recommended conditions for the applicant's 2008 rezone would at least improve the existing parking and delivery area shortcomings of existing businesses in the interim before the applicant submits a development plan for the vacant parcel which will allow the City to determine the applicable parking and delivery area requirements for that vacant parcel; and (vii) Making no change to the existing rezone conditions would allow the status quo, with all of the existing parking and delivery area shortcomings for the existing uses, to continue indefinitely. (2) The suitability of the property for uses permitted under the proposed zoning: The following factors lead to the conclusion that the vacant parcel is suitable for uses permitted in the B-2 zoning district: (a) In order for the new recommended conditions to be substituted for the current conditions on the previous rezone of the applicant's property, a consideration of the suitability of all the Class (1) uses in the .Local Business (B-2) zoning district is necessary because no longer would the use of the vacant parcel be limited :to the parking lot for the existing food :market which was found to be suitable for the vacant parcel in the previous rezone analysis. (b) . The new recommended .: conditions for the previous rezone would potentially allow all Class °:(1) uses to be permitted outright on the Aziz Awad 9 Request to Remove Rezone Conditions • D0C• South 6th Street and East Adams Street • INDEX RZ #001-10; SEPA #006-10 # RECEIVED 'L\I 2 4 2010 CITY OF YAhum p yp () yp () LFiiIPJG DIV. vacant arcel without the need for T e 2 or T e 3 review if al o t e. development standards could be met within the limited land area available. (c) The Class (1) uses within the B-2 zoning district listed in Table 4-1 of the Urban Area Zoning Ordinance (UAZO) are exercise facilities; daycare center; group homes (six or fewer), adult family home; stockpiling of earthen materials; mixed use building; addressing, mailing and stenographic services; artist's supplies; parking lots and garages; bakery; beauty and barber shops; books, stationery, office supplies; butcher shop; camera store; candy store; clothing and accessories; coin and stamp shop; commercial . services; computer and electronic stores; delicatessen; pet daycare/animal training; drug stores (optical goods, orthopedic supplies); espresso/coffee stand; fabric store; financial institutions; florist; food store, specialty; furniture, home furnishings, appliances; gift shop; jewelry, watches, silverware sales and repair; massage therapy/spa; nursery; office: professional (architects, attorneys, engineers, surveyors); office: medical and dental laboratory, • offices and clinic; office: service agencies (advertising, employment, insurance, real estate, etc.); pet stores (pet supplies and dog grooming); printing, photocopy service; repairs: small appliances, TVs, business machines, watches, etc.; repairs: locksmiths and gunsmiths; restaurant, cafe and drive-in eating facilities; seamstress, tailor; shoe repair and shoe shine shops; sporting goods, bicycle shops; technical equipment sales; toy and hobby store; and video sales/rental. (d) Any other potential uses in the B-2 zoning district require administrative review with notice and an opportunity for the public and others to comment relative to the criteria necessary for approval of Class (2) uses, or Hearing Examiner review with notice and an opportunity for the public and others to comment in writing and/or testify at a public hearing relative to the criteria necessary for approval of Class (3) uses. (e) The Class (1) uses in the B-2 zoning district are all commercial uses that would be severely limited in size by the size of the vacant parcel and by requisite development standards such as the off-street parking requirements for such uses; the 80% limitation on lot coverage by impervious surfaces in that zone; the setback requirements from residential districts in that zone; and the sitescreening requirements from residential.. districts in that zone. (f) Even if the criteria for administrative adjustments were found to allow a relaxation of one or more development standards, the requirements Aziz Awad Request to Remove Rezone Conditions South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 10 RECEIVED JUN 2 4 2010 CITY OF YAKIIVIA PLANNING DIV. for development, including development standards for lighting and other characteristics of the Class (1) uses that could be located on the vacant parcel, would make the applicant's vacant parcel suitable for the Class (1) uses allowed in the Local Business zoning district. (g) Even though the second condition of the previous rezone limited the use of the parking lot to the existing food market and a laundromat which has since been replaced by a beauty salon, any parking on the vacant parcel for existing .uses would be just as appropriate for a beauty salon which is an outright permitted Class (1) use in the B-2 zoning district as it would be for a laundromat which is a Class (2) use requiring Type (2) review in the 13-2 zoning district. The recommended new conditions would defer the determination of the uses to be served by new parking spaces on the vacant parcel until a development plan for that parcel is submitted. (3) The recommendations from interested agencies and departments: There were no recommendations or comments from any interested agencies. Recommendations or comments from interested departments did not oppose the recommended new conditions of the previous rezone. Specific recommendations or comments from interested departments submitted as a result of the Development Services Team meeting held on May 12, 2010, regarding the requested removal of conditions from the previous rezone were as follows: (a) Code Administration: Since this is a non -project rezone, there will be no issues until development occurs. (b) Streets and Traffic Operations: On -street parking should not be included as part of the calculations for available parking. There is no vested right to park within the public right-of-way, and no assurances that parking will be available in the future. It is unlikely in the foreseeable future that parking would be removed in this area unless it became a safety issue. The safety issue related to parking here has -a higher probability because it is 90 - degree parking adjacent to an intersection as compared to more typical parallel parking. (c) Water & Irrigation: 716 and 71.8 South b`h Street are served with a one -inch water service and each has its own existing. 3/4 -inch meter. 507 East Adams Street has a 3/4 -inch and a one -inch water service and meters. The site is located in the Low Level Pressure Zone. Static pressure is approximately 82-92 pounds per square inch. The nearest existing fire hydrant is located at the southeast corner of South 6th and East Adams Aziz Awad 11 Request to Remove Rezone Conditions DOC. South 6th Street and East Adams Street INDEX RZ #001-10; SEPA #006-10 JUN 2 4 2010 - CITY OF YAKIMA PLANNING DIV. 0 Streets. The available fire flow is 1,600 gallons per minute from the looped 6 -inch waterline. If new commercial development occurs, all new fire hydrants and fire sprinkler services for the site, are to be determined by the Code Administration Division and the, Fire Department. The site is located in the City's General 308 irrigation service area. There is an existing 4 - inch PVC irrigation main in the alley. Each property has one irrigation service. LID (Local Improvement District) charges and service connection and installation charges will depend on the size of the water service and meter required. (d) Wastewater: No comment is submitted related to rezone of the property. The applicant may have future requirements during site plan review for a project. (e) City Engineering: The developer is proposing to cancel the previous rezone application conditions and remain in the Local Business (B-2) zone. Engineering has no comments regarding the rezone. This proposal does not affect Title 12 or Engineering standards. Public water and sanitary sewer are provided by the City of Yakima. All drainage is required to be retained on site. (4) The extent to which the proposed rezone is in compliance with and/or deviates from the goals, policies and intent of the Yakima Urban Area Comprehensive Plan: The Future Land Use Map designates this area as suitable for Neighborhood Commercial development. The Future Land Use and Current Zoning Comparison Chart, Figure III -11, provides a guide to the compatibility of land use designations and the •zoning districts. The Current Zoning Comparison Chart indicates that the Neighborhood Commercial designation is compatible with the Local Business, (B-2) zoning district. Subsection 15.03.020(F) of the UAZO states that the purpose of the Local Business (B-2) zoning district is to provide areas for commercial activities that meet the small retail shopping and service needs of the community; to accommodate small-scale commercial uses that need a higher level of visibility and easy access to major arterials; and to accommodate small retail sales and service establishments as uses characteristic of the B-2 zoning district. The current B=2 zoning of the applicant's three parcels and the proposed continuation of that B-2 zoning with the recommended new conditions comply with the following specific policies of the Comprehensive Plan: (a) Policy 3.4.1: Encourage preventive maintenance and appropriate reinvestment in older and declining neighborhoods. Improve_ the infra- structure including, but not limited to: park improvements, sidewalks, Aziz Awad Request to Remove Rezone Conditions South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 12 RECEIVED U N 2 4 2010 CITY OF YAKIM, PLANNING DIV. alleys, street maintenance, street lighting, trees and other landscaping within the right-of-way. (b) Policy 3.4.3: In the residential areas where commercial and residential uses are heavily mixed, encourage.. the establishment of neighborhood commercial services and foster mixed uses including retail, office and apartments. This is particularly important. in areas on South Second Street and South Third Street north of East Race Street. Discourage commercial uses that are non -neighborhood related.:,; (5) The adequacy of public facilities such as roads; sewer, water and other required public services: The applicant's three parcels are served by all necessary public facilities such as public streets, watery sewer, transit, fire, police and other<:services. (6) he compatibility of the proposed zone changer'and associated uses with neighboring land uses: The recommended change in the previous rezone that would impose new conditions on the rezone and would allow Class (1) Local Business (B-2) uses on the applicant's vacant parcel would be more compatible with neighboring land uses than the existing conditions of the previous rezone for the following reasons: • (a) Adding a loading zone on East Adams Street to discontinue the use of South 6th Street by delivery vehicles would be • an interim improvement of the parking and delivery area shortcomings of existing uses until the applicant's vacant parcel is developed. (b) The recommended new conditions of the previous rezone would make it more likely that the applicant will submit a development plan for his vacant parcel in the foreseeable future, either by proposing development only on the vacant parcel or in conjunction with the applicant's two parcels to the north. (c) When the applicant submits a development plan for the development of the vacant parcel alone or in conjunction with other parcels to the north, a determination can be made as to the amount ofparking to be required on the vacant parcel by considering any new proposed uses and the applicant's obligation, if any, to provide off-street parking for existing uses. (d) Any new commercial use on the vacant parcel would be severely limited in size by the size of that parcel and the development standards in the B-2 zone such as the off-street parking requirements for commercial uses; the 80% limitation on lot coverage by impervious surfaces in the B-2 Aziz Awad Request to Remove Rezone Conditions South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 13 DOC_ # t'\' FiEUhIVtt) ;MN 2 4 2010 CITY OF YAItIIVIr; PLANNING DIV.1 zone; the setback requirements from residential districts in that zone; and the sitescreening requirements from residential districts in that zone. (e) Even if the criteria for administrative adjustments were found to allow a relaxation of one or more of the development standards, the requirements for commercial development, including development standards for lighting and other characteristics of B-2 uses that could be located on the vacant parcel, would. *promote the compatibility of future uses on that parcel with the neighboring land uses. (7) The public need for the proposed 'change: There is a public need for improvement of the current :parking and delivery area shortcomings for the existing uses on the . applicant's parcels. Development of the applicant's vacant parcel in a way that would provide off-street parking next to the existing uses either in conjunction with a new use on that parcel, or shared parking for one or more new uses on other parcels to the north would serve that public need. The recommended new conditions of the previous rezone would improve those shortcomings on an interim basis. They would also increase the likelihood of development of the applicant's vacant parcel. in the foreseeable future in a way that could permanently improve those shortcomings so as to permanently serve the public need for safer passage near the intersection of South 6th Street and East Adams Street for motorists and pedestrians alike. IX. Consistency of the Rezone with Development Regulations and with the Comprehensive Plan under the Criteria Required by YMC 16.06.020(B) is determined by considerationof the following factors: (1) The types of land uses permitted at the site by the City's Local Business (B-2) zoning district, including the existing neighborhood food market and beauty salon uses and any potential .Class (1) uses allowed in the 13-2 zone, are consistent with the Comprehensive Plan's current Neighborhood Commercial designation for the applicant's three parcels. (2) The density of residential development or the level of development such as units per acre or other measures of density are not a factor weighing against this application for removal of conditions of a previous rezone. The recommended new conditions of the previous rezone would only allow development in compliance with applicable B-2 .zoning ordinance provisions relating to the density of development and the criteria for any administrative Aziz Awad Request to Remove Rezone Conditions South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 14 • adjustment thereof. RECEIVED JUN 2 4 2010 CITY OF YAKINiri PLANNING DIV. (3) The availability and the adequacy of infrastructure and public facilities are present and support the applicant's request for removal of conditions of the previous rezone. (4) The characteristics of the development that already exist on two of the applicant's parcels and the characteristics of the potential uses of the applicant's third parcel would be subject to development standards applicable to the B-2 zoning district and to the requirements for approval of any administrative adjustment of such standards. CONCLUSIONS Based upon the foregoing Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction under Subsections 15.23.030(C) and (E) of the Urban Area Zoning Ordinance to make a recommendation to the Yakima City Council regarding this application to remove the' conditions of a previous rezone. (2) The public notice requirements of Chapters 15 and 16 of the Yakima Municipal Code have been satisfied. (3) There was no appeal of the City's issuance of an Adoption of Existing Environmental Document on April 26, 2010 for the Environmental Checklist submitted with this application under file number SEPA #006-10 which adopted the Determination of Nonsignificance issued on October 4, 2007, under file number EC #16-07 for the previous rezone of the applicant's three _parcels. (4) This application for removal of conditions from .a previous rezone, was determined to be exempt from the City Transportation Capacity Management Ordinance. (5) The ,recommended new conditions of the previous rezone of the applicant's three parcels to the Local Business (B-2) zoning district would satisfy the seven rezone criteria in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance and ,the' four consistency criteria in Subsection 16.06.020(B) of the • Aziz Awad • Request to Remove Rezone•Conditions South 6'h Street and .East Adams Street • RZ #001-10; SEPA #006-10 15 DOC: . INDEX JUN 2 4. 2010 CITY OF YAMMA PLANNING DIVA Yakima Municipal Code which are the applicable criteria to determine whether the ®® requested change in rezone conditions should be approved. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that this application for removal of the conditions of a previous rezone of the applicant's three parcels without changing their current Local Business (B-2) zoning as described in the documentation submitted for UAZO RZ #001-10 and EC #006-10 and in this recommendation be APPROVED by removing the existing conditions and substituting in their place the following new conditions on said previous rezone: (1) The previous rezone conditions imposed on the applicant's three parcels by Ordinance. No. 2008-14, including the limitation that only a parking lot may be developed at 716. South 6th Street which may only support a food market and a laundromat on the other two parcels, will be removed so long as all new uses comply with all applicable development standards and with any administrative adjustments thereof that may be approved in accordance with applicable criteria, and so long as the existing and/or new uses on said parcels comply with the following three additional conditions of the rezone. (2) Due to existing traffic congestion both witnessed and confirmed by neighborhood comments, all commercial delivery vehicles shall load and unload only on the north side of East Adams 'Street at least twenty (20) feet west of its intersection with South 6th Street at a location to be signed and marked in the manner required by the City at the expense of the applicant, or from any other alley or off-street loading area to be designated in accordance with Section 15.06.130 of the UAZO or otherwise by the City. (3) Future development of the applicant's three parcels are subject to all applicable Title 12 development standards, environmental review, traffic concurrency review, plan review and building permits. Aziz Awad Request to Remove Rezone Conditions South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 16 • RECEIVED JUN 2 4 2010 CITY OFF�p�YAKIMA (4) If commercial development is proposed at this site in the future fall UIV. applicable development standards including, but not limited to, parking, landscaping, sitescreening, lot coverage, setback and sign .standards shall be met. This condition does not preclude site plan specific review, including consideration of any requested administrative adjustments of development standards that comply with applicable zoning ordinance criteria. DATED this 24th day of June, 2010. Aziz Awad Request to Remove Rezone Conditions• South 6th Street and East Adams Street RZ #001-10; SEPA #006-10 17 C44411 Gary M. Cuillier, Hearing Examiner 000 0 .. INDEX AZIZ AWAD RZ#001-10, SEPA#006-10 Hearing Examiner Open Record Public Hearing May 27, 2010 EXHIBIT LIST Applicant: Aziz Awad File Number: RZ#001-10, SEPA#006-10 Site Address: 716 & 718 South 6t'' Street / 507 East Adams Street Staff Contact: Chris Wilson, Assistant Planner Table of Contents CHAPTER A Staff Report CHAPTER B Background Inf6r1-nation CHAPTER C Maps CHAPTER D DST Review & Agency Comments CHAPTER E Application CHAPTER F Public Notices CHAPTER •G Photos' CHAPTER H Public Comments • AZIZ AWAD RZ#001-10, SEPA#006-10 EXHIBIT LIST CHAPTER A Staff Report A-1 Staff Report 05/20/2010 • • City of Yakima, Washington Division of Environmental Planning PUBLIC HEARING May 27, 2010 Application submitted by Aziz Awad for a non -project Rezone to remove conditions on a previous rezone of Three contiguous parcels of property, and SEPA Environmental review. All parcels will retain the Current Local Business, (B-2) zoning designation SUMMARY OF RECOMMENDATION: Staff recommends approval subject to conditions. Staff Report RZ#001-10 SEPA#006-10 Christine Wilson Assistant Planner (509) 576-6736 From the view of the site, the matters contained in the application, Development Services Team comments, and a reviewof both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, staff makes the following: FINDINGS PROPERTY OWNER: Aziz Awad 718 So. 6th Street Yakima, WA 98901 APPLICANT: Bill Hordan, Hordan Planning Services 410 No. 2nd Street Yakima, WA 98901 LOCATION: 716 and 718 So. 6th Street & 507 East Adams Street, Yakima, WA PARCEL NUMBERS: 191319-43508, 191319-43509 & 191319-43510 SUMMARY OF REQUEST: The property owner requests a non -project rezone and environmental review in order to remove conditions of approval from a previous rezone of three parcels of property located at the northwest corner of South 6th and Adams Streets. The subject properties are currently zoned Local Business (B-2), which would remain unchanged. The Hearing Examiner is authorized to render a recommendation to the Yakima City Council on this application. BACKGROUND: The subject properties consist of three contiguous parcels, all zoned Local Business and totaling approximately one-third of an acre. The property at 716 S. 6th Street is currently vacant, 718 S. 6th Street contains a neighborhood market with five on -street parking spaces, and 507 E. Adams Street contains a beauty salon with six on-site parking spaces. Two of the three parcels were originally zoned Historical Business, and the other was zoned Single -Family Residential. In 2008, a Comprehensive Plan amendment and a rezone were approved by the City Council Aziz Awad RZ #001-10 & SEPA#006=10 resulting in a Neighborhood Commercial Future Land Use designation and a Local Business zoning designation for all three parcels (Ord. No. 2008-14). As part of that application, a site plan was reviewed that indicated how the property was to be developed once land use approval was . granted. Because this was a "project" rezone the site plan was incorporated into the approval process. The rezone was approved if the following conditions were satisfied: 1. The rezone will accommodate the proposed expansion of the existing commercial activities on parcel number 191319-43508 (716 S. 6th St.) for development of an accessory parking lot use for the current commercial activities on parcel numbers 191319-43510 (718 S. 6th St.) and/or 191319-43509 (507 E. Adams St.). 2. The rezone is limited to support of existing commercial activities, i.e. a food market and a laundromat. 3 The rezone is limited to an accessory parking lot use to be constructed in accordance with a site plan to be submitted for the City Planning Division's consideration and approval showing the off-street and on -street parking spaces on the three parcels in a manner that is acceptable to the City, the site screening that will be required by the City and all other details related to the proposed parking improvements that may be required by the City Planning Division in order to comply with applicable development standards. Since the rezone was approved, the property owner's plans for the property have changed, and conditions placed on the rezone that limit use of the vacant lot have hindered development of the property under a new proposal. The property owner has also acquired an additional contiguous parcel to the north of the vacant lot, (714 S. 6th Street, parcel number 191319-43507), and has applied to change the Future Land Use designation of that parcel to Neighborhood Commercial, and the zoning designation to B-2 during the 2010 Comp Plan amendment process. If that property is successfully re -designated and rezoned, it will be incorporated into the development on the subject three parcels, and other neighborhood land uses could be developed. CURRENT ZONING AND LAND USE: The subject properties consists of three parcels, currently zoned Local Business (B-2). The existing land uses include.a neighborhood market, a beauty salon and a vacant lot. Adjoining properties have the following characteristics: Location Zoning Existing Land Use North Single -Family Residential Vacant lot East Single-Family'Residential Single family residence West Single -Family Residential Single family residence South Single -Family Residential Single family residence YAKIMA URBAN AREA COMPREHENSIVE PLAN: The Future Land Use Map designates this area as suitable for Neighborhood Commercial development. The Future Land Use and Current Zoning Comparison Chart, Figure III -11,. provides a guide to the compatibility of land use designations and the zoning districts. The Chart indicates that the Neighborhood Commercial designation is compatible with the Local Business (B-2) zoning district. The current and proposed B-2 zoning of the subject properties complies with the following goals and policies of the Comprehensive Plan: Aziz Awad 2 RZ #001-10 & SEPA#006-10 • • • Policy 3.4.1: Encourage preventive maintenance and appropriate reinvestment in older and declining neighborhoods. Improve the infrastructure including, but not limited to: park improvements, sidewalks, alleys, street maintenance, street lighting, trees and other landscaping within the right-of-way. Policy 3.4.2: Maintain neighborhood upkeep through strict City code compliance. Policy 3.4.3: In the residential areas where commercial and residential uses are heavily mixed, encourage the establishment of neighborhood commercial services and foster mixed uses including retail, office and apartments. This is particularly important in areas on South Second Street and South Third Street north of East Race Street. Discourage commercial uses that are non -neighborhood related. Policy 3.6.4: Encourage placing parking lots behind buildings, or along the side of the buildings. YAKIMA URBAN AREA ZONING ORDINANCE: YMC Chapter 15.03.030 states that the purpose of the B-2 zoning district is to provide areas for commercial activities that meet the small retail shopping and service needs of the community; and, accommodate small-scale commercial uses that need a higher level of visibility and easy access to major arterials. Uses, characteristic of this district include small retail sales and service establishments. Subsequently all future development proposed within the confines above would be supported by the Comprehensive Plan as a Class (1) use. REZONE CRITERIA: Within the Yakima urban area, recommendations for approval of rezone applications are governed by seven criteria specified in YMC § 15.23.030(E). 1. Testimony at public hearing. To be considered by the Hearing Examiner. 2. Suitability of the property for the proposed use. The property is well suited for the existing uses as well as other uses permitted within the B-2 zoning district. The existing market has served the surrounding residential neighborhood for many years, with customers arriving on foot or by vehicle. In recent years the businesses at this location have flourished and additional commercial services are desired by the neighborhood residents. The individual lots that make up this commercial node are extremely small in size, which would limit the number of uses that -could be located on them because necessary development improvements such as required parking spaces, lot coverage and landscaping could .not be provided. 3. Recommendations from interested agencies. No agencies have expressed opposition to this rezone however, the City of Yakima Streets and Traffic Division expressed safety concerns related to the existing parking in front ofthe market because it is 90 -degree parking adjacent to an intersection as compared to more typical parallel parking. Aziz Awad • 3 RZ #001-10-& SEPA#006-10 4. Compliance with the Comprehensive Plan. The existing Neighborhood Commercial Future Land Use designation fully supports the B-2 zoning classification. This rezone is in compliance with the Future 'Land Use Map III -2 and Land Use Compatibility Chart III -11 of the Comprehensive Plan. This rezone request encourages commercial infill development within the urban area with small scale, neighborhood convenience commercial uses and services primarily for residences of adjacent neighborhoods. These areas are typically located along a minor arterial, or at the intersection of a minor arterial and a collector arterial street (YUACP Ch. III - 15). 5. Adequacy of public utilities. All public utilities are available to serve the subject properties. The properties have direct frontage and access onto three public thoroughfares; including an alley to the west, East Adams Street to the south and South 6t Street on the east. Additionally, the site is protected by Yakima City Police and Fire Departments. 6. Compatibility of proposed use. The proposal is compatible with existing neighboring uses because two of the three subject properties are currently used for commercial activities that serve the surrounding neighborhood. The third parcel was previously rezoned and approved for a parking lot. This proposed rezone would allow the property owner to expand this commercial node and incorporate new neighborhood conveniences that could serve the surrounding neighbors. Compatibility will be determined for future uses based upon Table 4-1 of the Yakima Urban Area Zoning Ordinance. Due to the small nature of the overall commercial node, new uses would be limited in scope because of the limited area of land in which to develop commercial uses. 7. Public Need/Change in Circumstance The public need arises from the fact that this small neighborhood commercial node is in need of expansion. This is a result of an increase in customers patronizing the existing businesses. This development has become a convenient location for neighbors to acquire necessary retail items and desired services. The property owner recognizes this demand and desires to provide the goods and services which the neighborhood demands. The public need can be served by the requested rezone relieving the conditions placed on the property. This would permit the existing businesses the opportunity to expand if necessary, and come into better compliance with the zoning ordinance by meeting required development standards such as traffic circulation, parking, site screening, landscaping and lot coverage. ZONING ORDINANCE DEVELOPMENT STANDARDS: The zoning ordinance sets forth specific standards for lot size, maximum lot coverage, minimum building setbacks, parking, building height, sight screening, etc. As no project has yet to be proposed, all applicable zoning ordinance standards for development can be deemed to be in compliance. Subsequently, all project and environmental review will take place at the time of future development which will include appropriate mitigation measures to insure that new development is compatible with surrounding uses. Aziz Awad 4 RZ #001-10 & SEPA#006-10 • • • • DEVELOPMENT SERVICES TEAM (DST) REVIEW: The DST meeting for this proposal was held on May 12, 2010, at which time the following comments were submitted. Code Administration: Since this is a non -project rezone, there will be no issues until development occurs. Streets and Traffic Operations: On -street parking should not be included as part of the calculations for available parking. There is no vested right,to park within the public right-of-way, and no assurances that parking will be available in the future. It is unlikely in the foreseeable future that parking would be removed in this area unless it became a safety issue. The safety issue related to parking here has a higherprobability because it is 90 -degree parking adjacent to an intersection as compared to more typical parallel parking. Water & Irrigation: 1. There is an existing looped 6 -inch waterline in S. 6th Street. 716 and 718 S. 6th Street are served with a one -inch water service and each has their own existing 3/4 -inch meter. 507 E. Adams Street has a 3/4 -inch and a one -inch water service and meters. The site is located in the Low Level Pressure Zone. Static pressure is approximately 82-92 pounds persquare inch. 2. The nearest existing fire hydrant is located at the southeast corner of S 6`h and E. Adams Streets. The available fire flow is 1,600 gallons per minute from the looped 6 -inch waterline. If new commercial development occurs, all new fire hydrants and fire sprinkler services for the site are to be determined by the Code Administration Division and the Fire Department. 3. The site is located in the City's General 308 irrigation service area. There's an existing 4 - inch PVC irrigation main in the alley. Each property has one irrigation service. 4. LID (Local Improvement District) charges and service connection and installation charges will depend on size of water service and meter required. Wastewater: No comment related to rezone of the property. The applicant may have future requirements during site plan review for a project. City Engineering: 1. The developer is proposing to cancel the previous rezone application and remain in the Local Business (B-2) zone. Engineering has no comments regarding the rezone. 2. This proposal does not affect Title 12 or Engineering standards. 3. Public water and sanitary sewer are provided by the City of Yakima. 4. All drainage is required to be retained on site. TRAFFIC CONCURRENCY: As a non -project rezone, this proposal was determined to be exempt under the Transportation Capacity Management Ordinance. Aziz Awad 5 RZ #001-10 & SEPA#006-10 STATE ENVIRONMENTAL POLICY ACT: On October 4, 2007 a Determination of Nonsignificance (DNS) was issued for the previous rezone of the three subject parcels (File Number: EC#16-07). Since the proposed rezone involves the same parcels with no change to the current B-2 zoning designation, the City of Yakima issued an Adoption of Existing Environmental Document on April 26, 2010 for the Environmental Checklist submitted with this current rezone request (File Number: SEPA#006- 10). PUBLIC NOTICE: Notice for the public hearing was provided in accordance with. Zoning Ordinance requirements in the following manner: Mailing of Notice of Public Hearing Posting of property Legal Notice of Public Hearing published in newspaper April 30, 2010 April 22, 2010 April 30, 2010 One hundred thirteen adjoining property owners were notified of the requested rezone. Two letters in opposition to the proposal were received. Both letters cited the need for a parking lot on the vacant parcel to correct traffic problems that currently exist. Concerns included delivery trucks that routinely park directly in South 6th Street which impedes the line of vision at the intersection of E. Adams and S. 6th Streets for motorists and pedestrians alike. Concerns were also raised regarding the parking area located in front of the market, which creates an unsafe situation because it allows drivers to back out into a heavily traveled arterial at an intersection. ANALYSIS: The only issues raised by this application are: 1. The request for relief from the previous rezone's conditions of approval that requires a parking lot on the vacant lot to accommodate the existing businesses. Due to the success of the existing businesses, and the acquisition of the parcel to the north, the property owner desires to incorporate the vacant lot to expand this commercial node in order to. provide the goods and services which the neighborhood demands. 2. Provisions for all required developments standards including, but not limited to parking, loading and unloading zones, landscaping, site screening, and lot coverage, be provided for future development on these properties. The infrastructure necessary to support any future commercial development is available. The property is currently designated Neighborhood Commercial by the Yakima Urban Area Comprehensive Plan and is located in a mixed-use commercial and residential area of the city. The proposed rezone to B-2 is consistent with the Future Land Use Map designation. CONCLUSIONS: The City of Yakima Planning Division has reviewed this rezone request and offers the following conclusions: 1. The Hearing Examiner has jurisdiction to issue a recommendation on this application to the City Council. Aziz Awad 6 RZ #001-10 & SEPA#006-10 • Testimony at the hearing should be considered in determining whether this proposal is compatible with the surrounding land uses. During project review it has been determined that this request is in compliance with YMC § 16.16.020(A) for making a Determination of Consistency as follows: a) The density of the development is not a factor with this application. b) The Neighborhood Commercial Future Land Use Designation fully supports the proposed B-2 zoning district. c) Adequate public facilities are available to serve this site. d) As this is a non -project rezone, all applicable zoning ordinance standards for development can be deemed to be consistent with development standards of the Zoning Ordinance. 4. The proposal is exempt from review under the Transportation Capacity Management Ordinance, YMC Chapter 12.08. 5. SEPA review resulted in adoption of the existing DNS issued for the previous rezone of this property. 6. No adverse impacts have been identified from granting this rezone request. 7. All public notice requirements of YMC Chapters 15 and 16 have been completed. 8. All agencies and City departments indicate that public services are available to the site and this rezone would not create any difficulties for infrastructure. 9. This rezone is compatible with the Future Land Use map II1-2 and Land Use Compatibility Chart III -11 of the Urban Area Comprehensive Plan. 10. Approval of this rezone application will have the following public benefits: expansion of the businesses that serve the neighborhood, code compliant future development of the commercial node, increased investment, increased tax base with the improvement, of the property, and increased employment opportunities. RECOMMENDATION: The Planning and Code Administration Division recommends that this rezone from Local Business (B-2) to Local Business (B-2), be approved subject to the following conditions. 1. The previous limitation of only a parking lot to be developed at 716 S. 6t" Street will be removed. However, all new uses must comply with all applicable development standards. • Aziz Awad 7 RZ #001-10 & SEPA#006-10 2. Due to existing traffic congestion both witnessed and confirmed by neighborhood comments, all commercial delivery, vehicles shall load and unload only from the alley or another off-street loading area provided by the property owner in accordance with YMC § 15.06.130. In addition, all required off-street parking requirements shall be met for all future uses. 3. Future development of the subject properties for uses not stated in the application are subject to Title 12 development standards, environmental review; traffic concurrency, plan review and building permits. 4. If commercial development is proposed at this site in the future, all applicable development standards including, but not limited to parking, landscaping, site screening, lot coverage, setbacks, and signs shall be met. Aziz Awad 8 RZ #001-10 & SEPA#006-10 • AZIZ AWAD RZ#001-10, SEPA#006-10 EXHIBIT LIST CHAPTER B BACKGROUND INFORMATION ur yX i �V.'h' r- Y�C , ; ; h�A1A`>c rTh :. B-1 Rezone Ordinance #2008-14, Hearing Examiner Recommendation 05/20/10 ORDINANCE NO. 2008-14 ® AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, three parcels of property located at 716 & 718 South 6t' Street & 507 East Adams Street, Yakima, Washington from Single -Family Residential (R-1) and Historical Business (HB) to Local Business (B-2), as more fully described herein; and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same; A&N Investment & Rental Properties, LLC, identified as the applicants herein. • .. WHEREAS, by application dated April 30, 2007, A&N Investment & Rental Properties, LLC requested the rezone of Yakima County Assessor's Parcel Nos. 191319-43508, 191319- 43509 and 191319-43510, at 716 & 718 South'6th Street& 507 East Adams Street, Yakima, Washington (hereinafter "Subject Property"); from Single -Family Residential (R-1) and Historical Business (HB) to Local Business (B-2); and WHEREAS, on October 11, 2007 and continued on October 19, 2007, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested rezone; and WHEREAS, on November 2, 2007 the Hearing Examiner issued Hearing Examiner's Recommendation regarding CPA Amend #5-07, Rezone #7-07, and EC #16-07, (the "recommendation") recommending that the. Subject Property be rezoned from Single -Family Residential (R-1) and Historical Business (HB) to Local Business (B-2); and WHEREAS, at a closed -record public hearing held on March 18, 2008, the City Council considered the requested rezone, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerationsof the Hearing Examiner in response to the requirements and criteria of Yakima Municipal Code ("YMC") § 15.23.030(E) and § 15.15.040(5) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested rezone, Now Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The property located at716 & 718 South 6th Street & 507 East Adams Street, Yakima, Washington (Yakima County Assessor's Parcel Nos. 191319-43508, 191319- 43509 and 191319-43510,), legally described in Exhibit "A", attached hereto and incorporated herein by this reference, is hereby rezoned from Suburban Residential (SR) to Local Business (B-2) on the northern portion and from Single -Family Residential (R-1) and Historical Business . (HB) to Local Business (B-2). Section 2. The findings within the November 2, 2007 Hearing Examiner's Recommendation (UAZO RZ #7-07, and EC #16-07) regarding this rezone are hereby adopted by the City Council as its findings in support hereof pursuant to YMC § 15.23.030(F), and are incorporated herein by this reference as if fully set forth herein. DOC. INDEX # 1.9 I Section 3. The Official Yakima Urban Area Zoning Map and all other zoning, land use, and other similar maps maintained by the City of Yakima shall be amended or modified, subject to the conditions stated below, to reflect this rezone. Section 4. The rezone granted by this ordinance is expressly conditioned on the Owner's satisfaction of the following conditions stated on page 12 of the Hearing Examiner's Recommendation: a. The rezone will accommodate the proposed expansion of the existing commercial activities on parcel number 191319-43508 for development of an accessory parking lot use for the current commercial activities on parcel numbers 191319-43510 and/or 191319-43509. b. The rezone is limited to support of existing commercial activities, i.e. a food market and a Laundromat. c. The rezone'is limited to an accessory parking lot use to be constructed in accordance with a site plan to be submitted for the City Planning Division's consideration and approval showing the off-street and on -street parking spaces on the three parcels in a manner that is acceptable to the City, the site screening that will be required by the City and all other details related to the proposed parking improvements that may be required by the City Planning Division in order to comply with applicable development standards. 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. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 7. 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 CITY COUNCIL at a regular meeting and signed and approved this 18th day of March, 2008. ATTEST: /s/ Deborah Moore City Clerk Publication Date: 3/21/08 Effective Date: 4/20/08 2 /s/ David Edler David Edler, Mayor DOC. INDEX # /5-( • • • EXHIBIT "A" A&N INVESTMENT & RENTAL PROPERTIES, LLC CPA #5-07, RZ #7-07, EC #16-07 716 & 718 South 6th Street & 507 East Adams Street YAKIMA, WASHINGTON LEGAL DESCRIPTION: Parcel No. 191319-43508 Lot 8, Block 118 of Rainier Addition to North Yakima, now Yakima, Washington, recorded in Volume "B" of Plats, Page 23, records of Yakima County, Washington Parcel No. 191319-43509 The Westerly 68 feet of Lot 9, Block 118 of Rainier Addition to North Yakima, now Yakima, Washington, recorded in Volume "B" of Plats, Page 23, records of Yakima County, Washington Parcel No. 191319-43510 The Easterly 70 feet of Lot 9, Block 118 of Rainier Addition to North Yakima, now Yakima, Washington, recorded in Volume "B" of Plats, Page 23, records of Yakima County, Washington 3 DOC. INDEX # ( ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of March 18, 2008 Joint Public Hearing on the 2007 Comprehensive Plan Amendments and Rezone Requests -William R. Cook, Director of Community and Economic Development Department CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner (576-6315) SUMMARY EXPLANATION: Ten applications were received from private property owners requesting amendments to the Urban Area . Comprehensive Plan and the: rezoning ;of, their.. property: Ail 2007 .applications concern properties located withintfie City of Yakima. As required, you have been provided with a binder that contains the complete record of the review and comments for each of the ten applications: Each tab contains the history of one request. Each tab includes a map of the property proposed for change. We will review these changes during our staff presentation at the hearing. On January 9, 2008, the Regional Planning Commission formally .adopted their written findings and recommendations for the approval on nine (9) of the following ten (10) 2007 (continued on next page) Resolution Ordinance(s) one (1) for Comprehensive Plan and nine (9) for the individual rezones Other(Specify)Council Action Agenda approving Amendments (item #X), RPC Written Recommendations for Approval, Maps of Amendment sites, Ordinance approving Comprehensive Plan and Ordinances effecting the rezoning of nine of the properties (available Monday, March 17, 2008 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: (A) Accept the Regional Planning Commission's written findings and recommendations for the Comprehensive Plan changes and adopt the ordinance provided and (B) adopt the Hearing Examiner's recommendation for each of the nine rezones recommended and adopt the ordinances for each of the recommended nine BOARD/COMMITTEE/COMMISSION RECOMMENDATION: On January 9, 2008, the Regional Planning Commission recommended approval of nine of the ten requested Comprehensive Plan amendments. On November 1, 2 and 23`d the Hearing Examiner issued his recommendations for the approval of the nine of the ten requested rezones. COUNCIL ACTION: DOC. INDEX # City of Yakima, Washington Hearing Examiner's Recommendation November 2, 2007 In the Matter of a Rezone Application Submitted by: A & N Investment & Rental Properties, LLC To Rezone Parcels at South 6th Street And East Adams Street from the R-1 And HB Zones to the B-2 Zone and Environmental Review N O V 0 ;' 2007 ;I TY O YI ij t. PLANNING 0111, UAZO RZ #7-07 EC #16-07 Introduction. The Hearing Examiner conducted a public hearing on October 11, 2007. The staff report presented by Associate Planner Vaughn McBride recommended approval of this application for a rezone of one parcel zoned Single - Family Residential (R-1) and of two parcels zoned Historical Business (HB) to the Local Business (B-2) zoning district. The zone change can only be approved if the related application for a Comprehensive Plan designation amendment of the three parcels from the Low Density Residential to the Neighborhood Commercial designation is approved. The Regional Planning Commission will make a recommendation to the City Council relative to approval of the requested Comprehensive Plan amendment recommended for approval by Mr. McBride. The Hearing Examiner makes this recommendation to the City Council relative to approval of the requested rezone recommended for approval by Mr. McBride. DOC. INDEX A & N Investment & Rental Properties, LLC 1 # 13 -' Rezone from R-1 & HB to B-2 South 6t1 St. & East Adams St. RZ #7-07; EC #16-07 i N D EX #-13 The applicant's representative, Bill Hordan of Hordan Planning Services, testified in favor of the proposed rezone. No written comments or testimony were submitted in opposition to the requested rezone. Since the SEPA appeal period did not expire until October 18, 2007, the hearing was continued to October 19, 2007. On October 19, 2007, the hearing and the record regarding this rezone request were closed after Mr. McBride testified that there was no SEPA appeal prior to the expiration of the SEPA appeal period. This recommendation has been issued within ten business days after the hearing and the record were closed. Summary of Recommendation. The Hearing Examiner recommends approval by the Yakima. City Council of this rezone from the R-1 and the HB zoning districts to the B-2 zoning district. Basis for Recommendation. Based upon a view of the site without anyone else present on October 9, 2007; the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing on October 11, 2007; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Examiner makes the following: FINDINGS I. Applicant/Property Owner. The applicant is Bill Hordan of Hordan Planning Services, 410 North 2"d Street, Yakima, Washington on behalf of the A & N Investment & Rental Properties. LLC 2 Rezone from R-1 & HB to B-2 South 6th St. & East Adams St. RZ #7-07: EC 1416-07 DOC. INDEX # �3 B ,N'DEX • property owner A & N Investment & Rental Properties, LLC, c/o Aziz Awad, 718 South 6th Street, Yakima, Washington. II. Location. The location of the requested rezone is 716 and.718 South 6th Street and 507 East Adams Street, Yakima, Washington. The respective parcel numbers for those addresses are 191319-43508, 43510 and 43509. III. Application. This is an application to rezone three parcels totaling about one-third of an acre. The northern parcel zoned R-1 which abuts South 6th Street on the east contains an existing single-family residence. One of the parcels to the south zoned HB, which abuts South 6th Street on the east and East Adams. Street on the south, contains a retail neighborhood market. The other parcel to the south zoned HB, which abuts the market on the east and East Adams Street on the south, contains a laundromat. Although the properties are under separate ownership, the owners are all family members who desire to enhance the neighborhood market through this application. The existing residence is about four years old and is used as a rental. The market faces east and fronts on South 6`h Street. It has several on -street parking spaces. The laundromat faces south and fronts on East Adams Street. It also has several on -street parking spaces: This rezone request is accompanied .by .a request for amendment of the Comprehensive,Plan designation from°the Low Density Residential designation to the Neighborhood . Commercial designation which would support the rezone request to the Local Business (B-2) zoning district. The purpose of these. requests is to allow the .market to expand: The HB zone does not allow uses to expand: The market would be expanded by adding a DOC. A & N Investment & Rental Properties, LLC 3 INDEX Rezone from R-1 & HB to B-2 # South 6th St. & East Adams St. `) 0 RZ #7-07; EC #16-07 INDEX # x-13 10 -space off-street parking lot on the parcel where the single-family residence is located after that residence at 716 South 6t'' Street is moved to a different location. The stated purpose to use the northernmost rezoned parcel for a parking lot for the existing uses on the other two parcels makes this a project rezone. The off-street parking lot is needed because the market and laundromat businesses have. flourished due to a change in the demographics of the area. The market now sells specialty foods that are desired by residents of a larger area who drive rather than. walk to the market. IV. Notices. Notices were provided in the following manner: Posting of notice on property: Mailing of application, hearing & Preliminary SEPA notice: Publishing of said notice in Yakima Herald -Republic: Mailing of revised application, hearing & SEPA notice: Publishing of said notice in Yakima Herald -Republic: Mailing of notice of SEPA Determination (DNS): Publishing of said notice in Yakima Herald -Republic: August 22, 2007 August 22, 2007 August 22, 2007 September 7, 2007 September 7, 2007 October 4, 2007 October 4, 2007 V. State Environmental Policy Act. A preliminary Determination of Non- significance (DNS) was issued by the City of Yakima on September 7, 2007. A final Determination of Nonsignificance was issued on October 4, 2007. No appeal was filed during the SEPA appeal period which expired on October 18, 2007.. VI. Current Zoning and Land Uses. The northern parcel is zoned Single - Family Residential (R-1) and the other two parcels to the south are zoned Historical Business (HB). The northern parcel is used for a single-family rental that would be moved to make room for construction of a new off-street parking lot A & N Investment & Rental Properties, LLC 4 Rezone from R-1 & HB to B-2 South 6th St. & East Adams St. RZ #7-07: EC #16-07 DOC. INDEX # v3 --I • DOC. INDEX # ]c-13 for the market and the laundromat which are located on the two parcels to the south. Adjacent parcels have the following characteristics: Location Zoning Comprehensive Plan Land Use North R-1 Low Density Residential Residential South R-1 Low Density Residential Residential. East R-1 Low Density Residential Residential West R-1 Low Density Residential Residential VII. Rezone Review Criteria. Recommendations regarding rezone, applications within the Yakima Urban Area must be based upon the following criteria specified in Subsection 15.23.030(E) of the Urban Area Zoning Ordinance (UAZO): 1) The testimony at the public hearing: Associate Planner Vaughn McBride and applicant's representative Bill Hordan testified in favor of the requested rezone. There was no testimony offered at the hearing inopposition to the requested rezone. The testimony at the hearing all supported a positive recommendation regarding this rezone, and. no written comments were submitted in opposition to the requested rezone. 2) The suitability of the property for uses permitted under the proposed zoning: The property is well suited for the expansion of the food market by adding an off-street parking lot that will allow on -street parking spaces to be removed. This will make the area safer for motorists and pedestrians along South 6th Street besides making the food market -more accessible and convenient for customers. Since this project rezone would be conditioned upon that singular off- street parking use for the existing commercial uses, there is no need to consider the suitability of the property for any other uses permitted in the B-2 zoning district. No one registered adverse comments at the hearing or submitted adverse comments prior to the hearing relative to the proposal to add a parking lot for the DOC. A & N Investment & Rental Properties, LLC 5 INDEX Rezone from R-1 & HB to B-2 j South 6th St. & East Adams St. RZ #7-07; EC #16-07 ____... INDEX # E_13 food market and/or laundromat after moving the existing residence to another location. 3) Recommendations from interested agencies and departments: Recommendations or comments from agencies or departments did not oppose the requested rezone. The requested rezone is in response to a Notice of Noncompliance issued by City Codes to address the asphalting of the right-of-way between the curb and sidewalk along South 6th Street for parking. Other specific recommendations or comments from interested agencies and departments were as follows: a) Agencies: Recommendations or comments submitted by agencies during the comment period were as follows: (i) Washington State Department of Community, Trade and Economic Development: Receipt of documents relating to this proposed rezone is acknowledged and notice thereof has been forwarded to other State agencies. (ii) Washington State Department of Ecology: The water purveyor is responsible for ensuring that any proposed uses are within the limitations of its water rights. An NPDES Construction Stormwater Permit may be required for any development exceeding one acre in size. A permit and stormwater plan would be required prior to beginning groundbreaking activities. (iii) Yakima Regional Clean Air Authority: Contractors doing clearing, grading, paving, construction or landscaping work must file a dust control plan with YRCAA. Removal of vegetation by burning is prohibited, and it shall be transported to the landfill. b) Development Services Team: Recommendations or comments from Departments that were expressed at the Development Services Team meeting regarding the requested rezone were as follows: (i) City of Yakima Water/Irrigation: There is an existing looped six-inch waterline in South 6th Street and East Adams Street. Thereis a 3/4 - inch water service with a 3/4 -inch meter and a one -inch water service with a A & N Investment & Rental Properties, LLC Rezone from R-1 & HB to B-2 South 6th St. & East Adams St. RZ #7-07: EC #16-07 DOC. INDEX # 0 • • DOC. INDEX # x_13 one -inch meter to 507 East Adams Street. There is a one -inch water .service with two 3/4 -inch water meters for 716 and 718 South 6th Street. The site is located in the Low Level Pressure Zone. Static pressure is approximately 82-94 psi. No water extension is necessary unless an on-site fire hydrant is required at the time of development. The nearest fire hydrant is at the southwest corner of the intersection of South 6th Street and East Adams Street. There is an additional fire hydrant at the southeast corner of South 7th Street and East Adams Street. Additional fire hydrants and fire sprinkler system requirements will be determined by Codes and Fire Departments; Newpublic easements are not required. LID/Connection charges are required if larger or additional water service is required at the time of development. Service installation charges will depend on the size of service and meter required to service the site. The City of Yakima will install all water services. The system is a public system. Fire flow is available from a looped six-inch waterline in South 6th Street at 1,600 gpm. The site is in the City of Yakima General 308 Irrigation System area. There exists a four -inch PVC irrigation line in the alley west of the site. Each lot has irrigation service available. (ii) City of Yakima Traffic Engineering: South 6th Street is a Collector Arterial which carries approximately 5,750 Average Daily Vehicles and has a Street Segment Capacity Level of Service "A." East Adams Street is a Local Access Street. The application seeks to expand a small commercial area to an adjacent lot on South 6th Street for the stated purpose of developing a parking lot and expand the area of 90 -degree parking on South 6th Street. No site plan is included in this application. Once the property is rezoned, other commercial uses may locate on this parcel. Access to public streets should be shared between the three parcels (through easements), with adequate on-site parking provided forany future use. 4) The extent to which the proposed rezone is in compliance with and/or deviates from the goals and policies -as adopted in the Yakima Urban Area Comprehensive Plan and the intent of the Zoning Ordinance: a) The Comprehensive Plan: The applicants have requested a change to the Future Land Use Map for the three parcels from Low Density Residential to Neighborhood Commercial to accommodate the requested rezone of A & N Investment & Rental Properties, LLC 7 Rezone from R-1 & HB to B-2 South 6th St. & East Adams St. RZ #7-07; EC #16-07 DOC INDEX # (3, DOC. INDEX # a 13 the two southernmost parcels from the Historical Business (HB) zone and the northernmost parcel from the Single -Family Residential (R-1) zoneto the Local Business (B-2) zone. The requested rezone cannot be approved without that change in the Comprehensive Plan designation because the existing Low Density Residential Comprehensive Plan designation does not support the Local Business (B-2) zoning classification. If the Comprehensive Plan designation of the parcels is changed to Neighborhood.. Commercial, that designation would support the requested rezone of the three parcels to Local Business (B-2). b) The Zoning Ordinance: Section 15.03.030 of the Urban Area Zoning . Ordinance states that the purpose of the Local Business (B-2) zoning district is to provide areas for commercial activities outside the central business district that meet the retail shopping and service needs of the community and to accommodate small retail sales and service establishments. Such uses already exist on the two southernmost parcels. The proposed off-street parking lot to be constructed on the third parcel to serve those existing uses would also help meet the retail shopping needs of the community in compliance with the intent of the zoning ordinance. 5) The adequacy of public facilities such as roads, sewer, water and other required public services: The subject three parcels are currently served by all necessary public facilities such as public streets, public water, public sewer, public transit, fire, police, schools and other public services. 6) The compatibility of the proposed zone change and associated uses with neighboring land uses: The proposed rezone of the subject three parcels to allow for an off-street parking lot for two existing uses would be compatible with neighboring land uses. It would provide more parking for the existing food market and laundromat to relieve the present need for on -street parking. A & N Investment & Rental Properties, LLC 8 Rezone from R=1 & HB to B-2 South 6th St. & East Adams St. RZ #7-07; EC #16-07 DOC. INDEX DOC. INDEX • • • There were no adverse written or verbal comments submitted that would suggest any incompatibility of .the proposed B-2 off-street parking .use with neighboring properties. Development standards such as site screening and other requirements would promote compatibility of the parking lot with neighboring land uses. In this instance, for example, it is likely that site screening standard "C" consisting of a six -foot -high view -obscuring fence made of wood, masonry block or slatted chain link will be required between the parking lot and existing residences. The .on -street, parking spaces on South 6th Street abutting the proposed parking lot will be removed when the new parking lot is constructed. The City will likely be requiring that the other parking spaces on South 6th Street in front of the food market also be removed for the safety of motorists and pedestrians, but that issue was not resolved at the hearing because the applicant would like time to further address that issue with the City. The site plan submitted at the hearing will not be a recommended condition of this requested rezone because that site plan shows five of the existing parking spaces on South 6th Street in front of the market in addition to the ten new parking spaces in the new parking lot. However, to insure compatibility of the proposed parking spaces with the neighborhood, submission of a site plan showing the off- street and the on -street parking spaces on the three parcels in a manner that is acceptable to the. City will be a recommended condition of this requested rezone. As conditioned the requested rezone would allow for the addition of an off- street parking lot that would improve the existing parking situation for the existing uses on the parcels, would relieve the need for on -street parking in the neighborhood and would be subject to development standards otherwise promoting its compatibility with neighboring uses. A & N Investment & Rental Properties; LLC Rezone from R-1 & HB to B-2 . South 6th St. & East Adams St. RZ #7-07; EC #16-07 DOC. INDEX # -( DOC. INDEX # 13... 7) The public need for the proposed change: The evidence presented was undisputed to the effect that the existing food market and laundromat serve the surrounding neighborhood and provide a valuable service. The proposed change will allow those uses to expand by adding more parking spaces for the convenience of their customers. The additional parking spaces will also accommodate a public need for safer passage along South 6th Street in that area for motorists and pedestrians alike. VIII. Consistency of the Rezone with Development Regulations and with the Comprehensive Plan under the Criteria Required by YMC 16.06.020(B) is determined by consideration of the following factors: 1) The types of land uses permitted at the site by the City's Local Business (B-2) zoning district are not consistent with the Comprehensive Plan's current Low -Density Residential designation for the three parcels. The existing B- 2 food market and laundromat uses and the proposed B-2 off-street parking lot use would be consistent with the requested Comprehensive Plan designation amendment to Neighborhood Commercial if that is ultimately approved. 2) The density of residential development or the level of development such as units per acre or other measures of density are not a factor weighing against this rezone request. The proposed new off-street parking lot use would comply with applicable B-2 zoning ordinance provisions relating to the density of development. 3) The availability and adequacy of infrastructure and public facilities are present and support the applicant's request for approval of the rezone. 4) The •characteristics of the development that already exist on two of the subject parcels and the off-street parking lot proposed for the third subject parcel that would be subject to applicable development standards are all consistent with the B-2 zoning provisions. A & N Investment & Rental Properties, LLC 10 Rezone from R-1 & HB to B-2 South 6th St. & East Adams St. RZ 47-07; EC #16-07 DOC. INDEX # -1 DOC. • INDEX # E.-13 CONCLUSIONS 1. The Hearing Examiner has jurisdiction under Subsections 15.23.030(C) and (E) of the UAZO to make a recommendation to the Yakima City Council regarding this rezone application. 2. The public notice requirements of Chapters 15 and 16 of the Yakima Municipal Code have been. satisfied. 3. SEPA review resulted in issuance of a Determination of Nonsignifi- cance on October 4, 2007 without an appeal being filed by October 18, 2007. 4. If the applicant's requested Comprehensive Plan amendment from Low Density Residential to Neighborhood Commercial is ultimately granted, the requested rezone, as conditioned, would satisfy the seven rezone criteria in Subsection 15.23.030(E) of the Urban. Area Zoning Ordinance and the four consistency criteria in Subsection 16.06.020(B) of the Yakima Municipal Code which are the applicable criteria to determine whether the requested rezone should be approved. If the requested Comprehensive Plan amendmentis not granted, the requested rezone would not satisfy those criteria because the Local Business (B-2) zoning classification' is not supported by the current Low Density Residential Comprehensive Plan designation for the subject three parcels. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that this application for a rezone of the subject three parcels from the Single -Family Residential (R-1) zoning district to the Local Business (B-2) zoning district as • described in the documentation submitted for UAZO RZ #7-07 and EC #16-07 be DOC. A & N Investment & Rental Properties, LLC 11 INDEX Rezone from R-1 & HB to B-2 South 6th St. & East Adams St. # ( DOC. RZ #7-07; EC #16-07 DEX # E'13 APPROVED if, and only if, the accompanying Comprehensive Plan amendment requested for the property from Low Density Residential to Neighborhood 'Commercial is granted and if, and only if, the following conditions are satisfied: 1) The rezone will accommodate the proposed expansion of the existing commercial activities on parcel number 191319-43508 for development of an accessory parking lot use for the current commercial activities on parcel numbers 191319-43510 and/or 191319-43509. 2) The rezone is limited to support of existing commercial activities, i.e. a food market and a Laundromat. 3) The rezone is limited to an accessory parking lot use: to be constructed in accordance with a site plan to be submitted for the City Planning Division's consideration and approval showing the off-street and on -street parking spaces on the three parcels in a manner that is acceptable to the City, the site screening that will be required by the City and all other details related to the proposed parking improvements that may be required by the City Planning Division in order to comply with applicabledevelopment standards. DATED this 2°a day of November, 2007. 4._1 1.., . Gary M. Cuillier, Hearing Examiner DOC. INDEX A & N Investment & Rental Properties, LLC 12 Rezone from R-1 & HB to B-2 South 6th St. & East Adams St. RZ #7-07; EC #16-07 • DOC. INDEX # 3 AZIZ AWAD RZ#001-10, SEPA#006-10 EXHIBIT LIST CHAPTER C MAPS § r ■/y i y . A yy,yr;.m4�b "`F.l t �* s art xA4 n-�. t T,S,`�: fr,e i t r° k r , C�*� �'` X1'3 "" x *st Rc' �', :Y S ki'„, 4 xs .�y.; �D'3"x "?di',3 i}}yyy5 f 3r ,i is� fry g+',.*ir.�.4arl rs4Rk�..,., �i.�r 'a55..,.. w ,.?ea �Yy ... :&d 3 t ..,'v.dth.� . vM'x ��*L, d :R« ,. xry� f.`W.k.d�x..9. �¢ X k§,`&,.�., J x ii E i � ^F F Vii” ,.. S ry i� gyr "r i.sRs$ ...�,..��.', C-1 Maps — Vicinity, Zoning, Utility, Future Land Use, Aerial 04/28/10 Vicinity Map for RZ#001-10, SEPA#006-10 http://citygi s/yakimagi s/printMap.htlnl?vicinity=true Scale ; .1:4000 td, 1. Pa Arr. Ave Walker St n&IVNI Si � J5 ..',.S r•E�.M.. Lc Par Walt City of Yakima, Washington File Number: RZ#001-10, SEPA#006-10 . Bill Hordan Planning Services Owner: Aziz Awad Request: Non -project rezone to amend a previous rezone of three contiguous parcels. The proposed rezone would remain B-2 (Local Business). Location: 716 & 718 S 6th St:/ 507 E Adams St' Applicant: Parcel Number(s): 19131943508,19131943509,19131943510 Subject Area Site Property Notification Area NOTIFICATION OF LAND USE APPLICATION 1 of 1 Contact City of Yakima Planning Division at 509-575-6183 City of Yakima = Geographic Information Services - Wednesday; April 28, 2010 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability, for any errors, omissions, or inaccuracies in the information provided or for any action takeo,ar action not taken by the user in reliance upon any maps or information provided herein. U lr INDEX 4/28/2010 3:36 PN Zoning Map for RZ#001-10, SEPA#006-10 1 of 1 http://citygis/yakimagis/printMap.html?zoning=true t as 'no aCurrs 5Gc Scale'• 1:40W co) Adams St r Rn:r Si M-1 Rainier St • R-2 w: City of Yakima, Washington File Number: Applicant: Request: RZ#001-10, SEPA#006-10 Bill Hordan Planning Services Owner: Aziz Awad Non -project rezone to amend a previous rezone of three contiguous parcels. The proposed rezone would remain B-2 (Local Business). Location: 716 & 718 S 6th St / 507 E Adams St Parcel Number(s): 19131943508,19131943509,19131943510 Subject Area Site Zoning Boundary Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Services - Wednesday, April 28, 2010 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. DOC. INDEX # 3:36 PJV • Utility Map for RZ#001-10, SEPA#006-10 http: //c itygi s/yakirnagi s/pri ntMap.html?uti l i ty=true City of Yakima, Washington File Number: RZ#001-10, SEPA#006-10 Bill flordan Planning Services Owner: Aziz Awad Non -project rezone to amend a previous rezone of three contiguous parcels. The proposed rezone would. remain B-2 (Local Business). 716 & 718 S 6th St / 507 E Adams St 19131943508,19131943509,19131943510 Applicant: Request: Location: Parcel Number(s): Subject'Area Site Water Pipe Sewer Pipe 1 of 1 Contact City of Yakima Planning Division at 509-575-6183, City of Yakima - Geographic Information Services - Wednesday, April 28, 2010 Map Disclaimer: Information shown on this map is for -planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in. the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. DOC. INDEX # 4/20/2010 3:35 Ph Future Land Use Map for RZ#001-10, SEPA#006-10 1 of 1 http: //citygi s/yakirnagi s/pri ntMap.htrnl?ful u=n-ue City of Yakima, Washington File Number: Applicant: Request: RZ#001-10, SEPA#006-10 Bill Hordan Planning Services Owner: Aziz Awad Non -project rezone to amend a previous rezone of three contiguous parcels. The proposed rezone would remain B-2 (Local Business). Location: 716 & 718 S 6th St / 507 E Adams St Parcel Number(s): 19131943508,19131943509,19131943510 Subject Area Site Low Density Residential k= Medium Density Revdential 1 N:ah Density Residential Pr oless!onat Office Reg,onaf Commercial • 1 Nerghborhoo0 t rnmercia'', large Conversence Center i tenni Commercial CSO Cure Cormieroal Industrial Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Services : Wednesday, April 28, 2010 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by. the user in reliance upon any maps or information provided herein. DOC. INDEX° #e-1 4/28/2610 0:35 PN Aerial Photo Map for RZ#001-10, SEPA#006-10 http: //c itygi s/yaki magi s/pri ntMap.html?photo=true City of Yakima, Washington File Number: Applicant: Request: Location: Parcel. Number(s): 19131943508,19131943509,19131943510 RZ#001-10, SEPA#006-10 Bill Hordan Planning Services Owner: Aziz Awad Non -project rezone to amend a previous rezone of three contiguous parcels. The proposed rezone would remain B-2 (Local Business). 716 & 718 S 6th St / 507 E Adams St Subject Area Site Aerial Photo: June 2008 1 of 1 Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Services • Wednesday, April 28, 2010 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not • taken by the user in reliance upon any maps or information provided herein. 4/28/3010 3:36 PN • AZIZ AWAD RZ#001-10, SEPA#006-10 EXHIBIT LIST CHAPTER D DST Review INDEX #v b e r t d m yIx' .. ' r a " se A {f; D-1 DST comments from Mike Antijunti, Engineering 04/19/10 D-2 DST comments from Mike Shane, Water/Irrigation 05/05/10 D-3 DST comments from Joe Rosenlund, Streets 05/11/10 D-4 DST Distribution List 04/28/10 DST Distribution L.3t Applicant Azia Awad File Number. RZ#-1-10 & SEPA #006-10 Date of DST Meeting: May 12, 2010 Assigned Planner. Christine Wilson Ciiy of Yakima Divisions and Yakima Conn Other Agencies X Codes Joe Caruso P.O. Box 102, Yakima; WA 98901 Codes Sandy Cox X Codes Carolyn Belles Committee for Downtown Yakima Codes Jerry Robertson Codes Royale Schneider. P.O. Box 881, Yakima 98901 Codes Nathan Thompson X Engineering Mike Antijunti Nob Hill Water r Stormwater Engineer Randy Meloy Water/Irrigation Mike'Shane X Wastewater . Scott Schafer Gwen Clear Wastewater Shelley Wilisom No. Yakima Soil Conservation District County Flood Control District Jeff Legg Other Agencies X Fire Department Ron Melcher P.O. Box 102, Yakima; WA 98901 Streets/Traffic Engineering Joe Rosenlund X Utility Services Pete Hobbs Committee for Downtown Yakima Parks and Recreation Ken Wilkinson Transit Ken.Mehir P.O. Box 881, Yakima 98901 Transit Kevin Futrell X Police Department Greg Copeland Nob Hill Water r Refuse Nancy Fortier Yakima County Public Svcs Vern'Redifer • 1210 Ahtanum Ridge Dr,. Union Gap 9890: Yakima County Planning Steve Erickson Gwen Clear 911 Communications, Wayne`Wantland No. Yakima Soil Conservation District County Flood Control District Jeff Legg Capitol .Theatre - Gay Parker P.O. Box 102, Yakima; WA 98901 Committee for Downtown Yakima Jamie Lee Stickel 115 North 3rd Street, Yakima 98901 Committee for Downtown Yakima James. Stickel P.O. Box 9668,Yakima`98909 . Committee Manager - CDY ,Manager P.O. Box 881, Yakima 98901 Yakima Tieton Imgation District Rick Dieker/John Dicknoan 470 Camp 4. Rd. Yakima; WA 98908 Nob Hill Water r Jenna Leaverton 6111 Tieton Drive, Yakima 98908 Yakima County Health District Axt McKuei 1210 Ahtanum Ridge Dr,. Union Gap 9890: WA State Departinent of Ecology Gwen Clear 15 W Yakima Ave Ste #200, Yakima 98902 No. Yakima Soil Conservation District Ray. Wonderrheck 1606 Perry St Ste F, _Yakima 98902 Pacific Power and Light Co. Mike Paulson 500 N. Keys Rd, Yakima 98901 Qwest Toni McAvoy 8 South 2 Ave Rm304, Yakima 98902 *. Cascade Natural Gas Co. Sheila Ross 701 South 1st Ave, Yakima 98902 Yakima School District #7 Elaine; Beraza 104 North 4th Ave; Yaldina 98902 West Valley School District #208 . Peter Ansingh 8902 Zier Rd, Yakima 98908 Charter Communications Kevin:.Chieote 1005 North 16th Ave; Yakima.98902 County Clean Air Authority Gary Pruitt 329 North lst Street, Yakima 98901 Yakima Waste Systems Scott Robertson 2812 Terraces Heights Dr; Yakima 98901 Yakima Greenway Foundation Al Brown , 111 South 18th Street, Yakima 98901 US Post Office Jeff McKee,., 205 West Washington Ave; Yakimii-98903'. Yakima Valley Canal Co. Robert Smoot • 1640 Garretson Lane, Yakima 98908 Department of Wildlife _ 1701 South: 24th Ave, Yakima 98902 .. Department of Natural Resources 713 Bowers Rd, Ellensburg 98926 WSDOT (Dept of Transportation) 'Salali AI,Tanticti 2809 Rudld i Rd, Union Gap 98903 Department of Fisheries Eric Bartrand P.O. Box 9155, Yakima 98909 Yakama Indian Nation Thalia Sachtleben P.O. Box 151; Toppenish 98948 Yakima Airport Mike Redmond 2400 West Washington Ave, Yakima 98903 Trolleys : Paul Edmondson 313 North 3N Street, Yakm a 98901- . • City of Union Gap Mark Reynolds . P.O. Box 3008, Union Gap 98903 WSDOT, Aviation Division John Stambaugh 18204 59th Drive NE, Ste B; Arlington WA 98223: 110 Governor's Office of Indian Affairs PO Box 40909, Olympia, WA 98504 Ahtanuni Irrigation District Beth Ann Brulotte PO Box 563; Yakan a, WA. 98907 Yakima-Klickitat Fisheries Project . John Marvin 771 Pence Road, Yakima, i 8909 Department of Fish & Wildlife Mark Teske 201 North Pearl, Ellensb ; , � 98926. City of Yakima Development Services Team Request For Comments April 28, 2010 To: • City of Yakima Development Services Team From: Christine Wilson, Assistant Planner p _\ Subject: Request for comments Vv Applicant: • Aziz Awad File Number: RZ#001-10 and SEPA#006-10 Location: . 716 & 718 S. 6th Street and 507 E. Adams Street. Parcel Number(s): 191319-43508, 43509.& 43510 DST MEETING DATE: 5/12/2010 Proposal The applicant proposes a non -project rezone to amend a previous rezone of three contiguous parcels of property located at 716 and 718 S. 6th St. and 507 East Adams Street. The previous rezone approval required the property owner to comply with a submitted site plan. The property owner is now requesting an amended rezone so that the conditional approaval is removed from the property. The current zoning is Local Business (B-2), which will remain unchanged. The SEPA DNS issued October 4, 2007 for the previous rezone of the same property was adopted for this current rezone on April 26, 2010. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly Development Services Team (DST) meeting to be held May 12. 2010 at 9:30 a.m. As always,, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is cwilson@ci.yakima.wa.us and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or requireadditional information, please call me at (509) 576-6736. Comments: Contact Person Department/Agency DOC. INDEX 0 • that the total commercial land area is limited. In essence, the property as a whole, or individually, would not be able to accommodate any intensive uses because necessary development improvements such as required parking spaces and lot coverage could not be provided. What is the status of the existing land use? The status of the existing land use is an operating neighborhood convenience store, operating beauty shop and a vacant lot. B. How is the rezone request in compliance with and/or how does the request deviate from the Yakima Urban Area Comprehensive Plan? The rezone request is in compliance with the Yakima Urban Area Comprehensive Plan because the proposal meets many of the goals, objectives and policies of the Plan, for commercial development. Specifically, this request encourages commercial development within the urban area, within the city limits, along an arterial street route, served with full urban standards .and provides a convenient shopping location consistent with the development pattern of the community (Goal 3.12 and supporting Policies 3.12.1 through 3.12.8). This request will also bring the property into compliance with current zoning standards by permitting the historical use to expand and meet the growing demand of the changing demographics of the area that tend to patronize these particular businesses. C. Are there adequate public facilities, such as traffic capacity, sewer services, potable water, stormwater drainage, schools, fire and police services, and other public services and infrastructure existing on the and around the subject property? Yes, there are adequate public facilities to serve this proposal. The total property has direct frontage and access onto three public thoroughfares; an alley to .the west, East Adams Street to the south and South 6th Street on the east. The property is, or can be, served with all other infrastructure including domestic water, sanitary sewer, natural gas, electricity, telephone and any other need utilities. Additionally, the site is protected by the Yakima Police and Fire. Departments. Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? Since this project was previously reviewed for public facilities in the prior rezone request, all indications are that public facilities exist to support the rezone request. If any short DOC. INDEX SL Vicinity Map for ,(Z#00 17,10, SEPA#006-10 http://citygis/yakimads/priritMap.htrnl?vicinity=trui Acta 14. E! 1,61; Scale • 1:4000 Adorns SI Walion St Pa i Avc • 74 • r Rats ID Pot fiaai City of Yakima, Washington Fite Number: RZ#001-1 0, SEPA#006-10 Applicant:, Bill Hordan Planning Services Owner: Aziz Awad Request: Non -project rezone to amend a previous rezone of three contiguous parcels. The proposed rezone would remain B-2 (Local Business). Location: 716 & 718 S 6th St / 507 E Adams St Parcel Number(s): 19131943508,19131943509,19131943510 Subject Area Site Property Notification Area NOTIFICATION OF LAND USE APPLICATION Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Services - Wednesday, April 28, 2010 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. • DOC INDEX 1 of 1 4/28/2010 3:36 P May 11 .2010 To: Christine Wilson Assistant Planner From: Joe Rosenlund Streets & Traffic Operations Manager Re: RZ 001-10, 716/718 S. 6th Street On -street parking should. not be included as part of the calculations for available parking. There is no vested right to park within the public right-of-wayand no assurances that that parking will be available in the future: it is unlikely in the foreseeable future that parking would be removed in this area unless it became a safety issue. The safety issue related to parking here has a higher probability because it is 90° parking adjacent to an intersection as compared to more typical parallel parking. DOC. INDEX #7.3 Water/Irrigation DST Comments Applicant: Location: Parcel Date: 1= 2= i W primary secondary :g #: review review o ltr., « Aziz Awad Comments Submitted By: Mike Shane, Water/Irrigation Engineer - 576-6480 716/718 S. 6th St., 507 E. Adams St. 19131943508, 509 & 510 Division: Water/Irrigation Division 5/5/2010 Development Description: RZ#001-10 I n. WATER & IRRIGATION 1 2 existing water location, size, etc. Existing looped 6" waterline in S. 6th St. 716 and 718 S. 6th St. are served with a 1" water service and each have their own existing 3/4" meter. 507 E. Adams St. has a 3/4" and a 1" water service and with with meters. Site is located in the Low Level Pressure Zone. Static pressure approx. 82 - 92psi. 1 2 . water extension necessary, size No 1 2 2 fire hydrant Nearest existing fire hydrant is at the southeasterly corner of S. 6th St. and E. Adams St. All new fire hydrant or fire sprinkler service requirements to be determined by Codes and Fire Dept. 2 1 new public easements NA 1 2 LID/connection charges Only if a new/larger water service and meter are required. 2 1 service installation charges Only if a new/larger water service and meter are required. 1 1 public/private system Public . 1 2 2 Fireflow calculations 1.600pm available from looped 6" waterline. WellHead Protection Area No 2 Irrigation System Site is located in the City's General 308 irrigation service area. There is an existing 4" PVC irrigation main in the alley. Each property has one irrigation service. 2 _ Misc. Comments (2; j x . Site plan needs to clearly indicate all existing and proposed utilities, including existing fire hydrants, water service and meter location. A detailed count of all plumbing fixtures shall be provided at time of plan submittal to verify adequacy of existing water service and meter size. Mike S1110 hane e 5/14/2010 • • • J. (45 \ .1 1 1 Wilson, Chris From: Antijunti, Mike Sent: Wednesday, May 19, 2010 4:04 PM . - To: Wilson, Chris Subject: dst1001.07.1.doc City of Yakima Engineering Memorandum Date: May 19, 2010 To: Chris Wilson Assistant Planner From: Mike Antijunti Development Engineer Subject: DST # 1001.07 Aziz Awad 716 & 718 South 6th Street 507 East Adams Street The developer is proposing to cancel the rezone application and remain in the B-2 zone. Engineering has no comments regarding the rezone. This development does not affect Title 12 or Engineering standards. Sewer is provided by the City of Yakima. Water is provided by the City of Yakima. All drainage is required to be retained on site. Mike Antijunti Development Engineer City of Yakima (509) 576-6608 5/20/2010 DOC. INDEX # D--1 • AZIZ AWAD RZ#001-10, SEPA#006-10 EXHIBIT LIST CHAPTER E Application f -`a......., ,� ..,.,� # nDOCUNLENT�,> a te rx,�; a �r r,a � -(p5s �y,� x» .'`.x � s3� 'G u.,. d .Sa 44i4�a �#ti.. "� �.ikehih'Ax�4`�ttW9�+ �S'_e.�'+UiS✓.,, �`F �r . k'�,,'flk DATE yii�'rN.. E-1 Land Use Application for RZ and SEPA ,/:. x 03/23/10 • ickitIVED MAR 2 8 2010 A . ‘ ./,‘.' . , ' LAND USE APPLICATION 1.;.fel V OF YAM i . Pitirift*Itt3 Oh/ CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 VOICE: (509) 575-6183 FAX: (509) 575-6105 INSTRUCTIONS - PLEASE READ FIRST Please type or print your answers clearly. Answer all questions completely. If you have any questions about this form or the application process, please ask a Planner. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be•attached to this page to complete the application. PART I - GENERAL INFORMATION 1. Applicant's Name, Address, And Phone Number Name /40 /2.1)41.) PLAVAAL)4 5.'ae.0)66-5 Street Li/ 0 /Up /2 -p-f• 2_. .6 City Li kikizifrivi 4 ST isi.4 Zip /6101 Phone (5.1) 2_4/.9 —6/9 2. Applicant's Property Interest Check One • Owner xiAgent • Purchaser II Other . 3. Property Owner's Name,' - Address, And Phone Number (If Other Than Applicant) Name 42-14 ItidA0 Street p0.-30/ 2_022_ City L./A-v.4,4/A ST W4 Zip eit4'07 Phone (509) 9z-oosi 4. Subject Property's Assessor's Parcel Number(s): 1 qi31. 9 - Li3s-oo , (4357q .i c/35-70 5. Property Address: 7110 e 7/9 50#74 Coll- --r-1245E-7- AiLlb 57 eAcr--Ati+45 .z-v-EEr 6. Legal Description of Property. (if lengthy, 5a 4ri4e41-E-b please attach it on a separate document) . 7. Property's Existing Zoning: • . • SR • R-1 • R-2 M R-3 • B-1 XB -2 • HB II SCC • LCC • CBD • GC • AS • RD II M-1 • M-2 8. Type Of Application: (Check All That Apply) II • • • • • • • • Administrative Adjustment X Type (2) Review • Type (3) Review • Short Plat • Long Plat • • Admin. Modification . III Appeal 1 Home Occupation • Short Plat Exemption: Environmental Checklist Right -of -Way Vacation Transportation Concurrency Non -Conforming Structure/Use Type 3 Modification Interpretation by Hearing Temporary Use Permit Comp Plan Amendment (SEPA) ' • ' , X II . - 111 - .- • Examiner • • • • • Other: Easement Release Rezone Shoreline Critical Areas Variance . Amended Plat Binding Site Plan Planned Development PART II - SUPPLEMENTAL APPLICATION, PART III - REQUIRED ATTACHMENTS, & PART IV - NARRATIVE • 9. SEE ATTACHED SHEETS . PART V - CERTIFICATION 10. I certify that•the informatiOn on this application and the required attachhients are true and correct to the best of my knowledge. .- ,<---------.). -:C3-- PROPE ERS SIGNATURE DATE . FOR ADMINISTRATIVE USE ONLY Revised 12-08 Notes: 8L,2_44-00(_./ 0 • e4'61V-10 FILE # p7 001-10 DATE FEE PAID RECEIVED BY Amount ) . e2oti Receipt No. Hearing Date • 34 4) 0--4' 0-240' r.6) DOC. INDEX # 't Supplemental Application For: RECEIVED REZONES YAKIMA MUNICIPAL CODE CHAPTER 15.23 MAR .2 3 101E CITY OF YAKIfviM PLANNING DIV. PART II - APPLICATION INFORMATION 1. EXISTING ZONING OF SUBJECT PROPERTY: • SR • R-1 ■ R-2 • R-3 1 B-1 XB-2 1 HB 1 SCC ■ LCC ■ CBD D GC • AS ■ RD ■ M-1 • M-2 2. DESIRED ZONING OF SUBJECT PROPERTY: • SR ■ R-1 ■ R-2 ■ R-3 • B-1 .1KB-2 D HB D SCC ■ LCC ■ CBD ■ GC ■ AS ■ RD 1 M-1 • M-2 3. ZONING OF ADJOINING PROPERTY (check all that apply): • SR X-R-1 ■ R-2 ■ R-3 ■ B-1 1 13-2 ■ HB • SCC ■ LCC • CBD • GC ■ AS ■ RD 1 M-1 • M-2 4. EXISTING FUTURE LAND USE DESIGNATION: • Low Density Residential • Medium Density Residential ■ High Density Residential ■ Professional Office JNeighborhood Commercial • Large Convenience Center ■ Arterial Commercial ■ CBD Core Commercial II Regional Commercia • Industrial 5. PROPOSED FUTURE LAND USE DESIGNATION: Is there a proposed change to the Future Land Use Map? X10 If so what is the proposed future land use designation? • Low Density Residential • Medium Density Residential ■ High Density Residential 1 Professional. Office ■ Neighborhood Commercial • Large Convenience Center • Arterial Commercial • CBD Core Commercial ■ Regional Commercial ■ Industrial 6. PUBLIC FACILITIES AND SERVICES AVAILABLE: transportation fi kights-Of-Way ['Police And Fire Protection ©'Parks And Trails ['Schools Tater Sewer ['Storm Drainage []'Electricity El-Natural Gas E-Telephone g-Cable TV PART III - REQUIRED ATTACHMENTS 7. WRITTEN NARRATIVE (required): (stating the reason for the request for the rezone, explaining how the proposed amendment meets the proposed rezone request) 8. ENVIRONMENTAL CHECKLIST (required): 9. TRAFFIC CONCURRENCY (may be required): 10. SITE PLAN (required if the rezone is associated with land use development): 11. AUTHORIZATION: I hereby authorize the submittal of this Rezone or Text Amendment Application to the City of Yakima for review. r-1 .-,-, __.2_3 ,IL Prope Owner Signature (required) Date Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 509-575-6183 Revised 12-08 DOC. INDEX Supplemental Application For: REZONES YAKIMA MUNICIPAL CODE CHAPTER 15.23 RECEIVED MAR 2 3 201(; CITY O YAKIMA PK:ANN f WAV. PART IV - NARRATIVE A. How is the subject property suitable for uses permitted under the proposed zoning? $ Gt103lei r Petiu 14 (l -Awls 7.0 What is the status of existing land use? B. How is the rezone request in compliance with and/or how does the request deviate from the Yakima Urban Area Comprehensive Plan? C. Are there adequate public facilities, such as traffic capacity, sewer services, potable water, stormwater drainage, schools, fire and police services, and other public services and infrastructure existing on and around the subject property? Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? D. How is the proposed zone change compatible with the existing neighboring uses? What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space traffic flow alteration, etc.? E. What is the public need for the proposed change? • Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N: 2nd St., Yakima, WA or 509-575-6183 Revised 12-08 DOC. INDEX # L% LEGAL DESCRIPTIONS RECEIVED MAR 2 3 ZOm Call% YAM 191319-43508 LOT 8, BLOCK 118 OF RAINIER ADDITION TO NORTH YAKIMA, NOW YAKIMA , WASHINGTON, RECORDED IN VOLUME "B" OF PLATS, PAGE 23, RECORDS OF YAKIMA COUNTY WASHINGTON. 191319-43509 THE WESTERLY 68 FEET OF LOT 9, BLOCK 118 OF RAINIER ADDITION TO NORTH YAKIMA, NOW YAKIMA , WASHINGTON, RECORDED IN VOLUME "B" OF PLATS, PAGE 23, RECORDS OF YAKIMA COUNTY WASHINGTON. 191319-43510 THE EASTERLY 70 FEET OF LOT 9, BLOCK 118 OF RAINIER ADDITION TO NORTH YAKIMA, NOW YAKIMA , WASHINGTON, RECORDED IN VOLUME "B" OF PLATS, PAGE 23, RECORDS OF YAKIMA COUNTY WASHINGTON. DOC. INDEX #L-1 PART IV - NARRATIVE APR 2 2 1/420 col10 pCq Nti 0 K/�� History — The proposal is to amend a conditional rezone of three contiguous parcels, so • that the conditional approval _is removed from the property. Since the time of the rezone, plans for the property have changed and the conditions are hindering the property to being developed under a new proposal. Two of the three parcels were originally zoned Historical Business. In'2007, the property owner submitted a comprehensive plan amendment and rezone application to have all three parcels designated Neighborhood Commercial and zoned Local Business. The proposal was approved by the Hearing Examiner and by the Yakima City Council. As part of that application, a site plan was submitted along with the comprehensive plan change and rezone request that indicated how the property was to be developed once land use approval was gained. As the project was' approved by the Hearing Examiner and Yakima City Council, the site plan was made a condition of approval, and was incorporated into the approval process. In essence, the only project which could be constructed on the property, after land use approval was granted, was the items shown on the submitted Site plan. Since that time, the property has remained undeveloped and is in the same status as before'the land use approvals were granted. However, the property owner has acquired an additional contiguous parcel to the north (Parcel Number 191319-43507). It is the . desire of the property owner to amend the previously approved rezone so that it has no conditions attached and can be developed under the general rules and regulations of the Local Business Zoning District.. Further, the property owner will be applying for a comprehensive land use and zoning change for the recently purchased property during the 2010 Comprehensive Plan Update. If that property is successfully re -designated and rezoned, it will be incorporated into these parcels and other neighborhood land uses could be developed. Currently, it is the desire of the property owner to construct a new Laundromat on a portion of the property as part of this overall proposal. A. How is the subject property suitable for uses permitted under the proposed zoning? The subject property is suitable for uses permitted under the proposed zoning change. because two of the three parcels have historically been used for commercial activities. Since the neighborhood market has existed so long at this location, the commercial activities have•become a normal part of everyday life to surrounding neighbors. Thus, commercial activity at this location is expected. One aspect of the property suitability that should be mentioned is that this is a small commercial node.. Additionally, all the individual 1`ots that make up this node are extremely small in size. Based on this, the number of uses that could be located -on the properties is limited. This is due to the fact DOC. INDEX #V� that the total commercial land area is limited. In essence, the property as a whole, or individually, would not be able to accommodate any intensive uses because necessary development improvements such as required parking spaces and lot coverage could not be provided. Fic 4PR22 D What is the status of the existing land use? c1Ty Op "OJ° The status of the existingland use is an operating neighborhood A`�� HQ 04,41 p g g ood convenience store, O�� operating beauty shop and a vacant lot. B. How is the rezone request in compliance with and/or how does the request deviate from the Yakima Urban Area Comprehensive Plan? The rezone request is in compliance with the Yakima Urban Area Comprehensive Plan because the .proposal meets many of the goals, objectives and policies of the Plan. for commercial development. Specifically, this request encourages commercial development within the urban area, within the city limits, along an arterial street route, served with full urban standards and provides a convenient shopping location consistent with the development pattern of the community (Goal 3. l2 and supporting Policies 3.12.1 through 3.12.8). This request will also bring the property into compliance with current zoning standards by permitting the historical use to expand and meet the growing demand of the changing demographics, of the area that tend to patronize these particular businesses. C. Are there adequate public facilities, such as traffic capacity, sewer services potable water, stormwater drainage, schools, fire and police services, and other public services and infrastructure existing on the and around the subject property? Yes, there are adequate public facilities to serve this proposal. _ The total property has direct frontage and access onto three public thoroughfares; an alley to the west, East Adams Street to the south and South 6'" Street on the east. The property is, or can be, served with all other infrastructure including domestic water, sanitary sewer, natural gas, electricity, telephone and any other need utilities. Additionally, the site is protected by the Yakima Police and Fire Departments. • • • Are the existing public facilities. capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to, be implemented to address any short falls in public services that may exist? Since this project was previously reviewed for public facilities in the prior rezone request, all indications are that public facilities exist to support the rezone request. If any short DOC. INDEX # -1 • • fall exists in the delivery of services, necessary mitigation will take place by the developer to ensure adequate public facilities are in place at his/her/their expense. D. How is the proposed zone change compatible with the existing neighboring uses? The proposed zone change is compatible with existing neighboring uses because two of the three subject properties are currently used for commercial activities. The third parcel was previously rezoned and approved for a parking lot. The proposed amendment to the previously approved rezone will allow the property owner to expand this commercial node and incorporate new neighborhood conveniences that serve the surrounding. neighbors. Due to the small nature of the overall commercial node, new uses should be limited in scope because of the limited area of land in which to develop commercial uses. To date, previous land use change requests have, on the subject properties have not brought forth any negative comments from surrounding property owners. What mitigating measures are planned to address incompatibility, such as sitescreening, buffering building design, open space, traffic flow alteration, etc.? No mitigation is proposed as part of the rezone request. However, appropriate mitigation is built into the zoning code through regular site plan approval. Additionally, any Class 2 or Class 3 Reviews that may be approved, provide an additional level of protection to the neighborhood, as public comment or public hearings are required. E What is the public need for the proposed change? The public need arises from the fact that this small neighborhood commercial node is expanding. The expansion is based on the use of the facility by the surrounding neighborhood. This location has become a convenient location for neighbors to acquire necessary retail items and desired services. The property owner recognizes this demand and desires to provide the goods and services which the neighborhood demands. The rezone also permits the existing businesses the opportunity to expand if necessary and come into better, compliance with the zoning code. Because of the small size of the overall commercial zoning district at this location -and the small size of the individual lots involved, any new development is limited in scope due to required development standards such as parking requirements ,and lot coverage. The public need can be served by permitting this small area rezone to permit the expansion of the commercial node to provide additional service and retail providers that meet the immediate needs of the surrounding neighborhood. This rezone request is also consistent with the comprehensive plan because it allows an existing commercial center to expand without creating a new commercial center. DOC. INDEX WAC 197-11-960 Environmental checklist. ENVIRONMENTAL CHECKUST Purpose of checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "doesnot apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about govemmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though 'questions may be answered "does not apply."110 ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions, the references in the checklist 'to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. RECEIVED MAR 2 3 '2010 CITY OF YAKIM41) PLANNING DIV. A. BACKGROUND 1. Name of proposed project, if applicable: Not applicable 2. Name of applicant: Bill Hordan 3. Address and phone number of applicant and contact person: 410 North 2nd Street, Yakima, WA 98901 (509) 249-1919 4. Date checklist prepared: March 18, 2010 5. Agency requesting checklist: City of Yakima 6. Proposed timing or schedule (including phasing, if applicable): This is a non -project rezone, no timing or schedule applies. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. DOC. INDEX # - • • • a. General description of the site (circle one . Flat rolling, hilly, steep slopes, mountainous, other Yes, if the rezone is successful, the property will be developed with commercial uses. The uses will be limited to those found in the Local Business (B-2 Zoning District). 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Class 2 Review was previously conducted on the property for a Laundromat. The comprehensive land use designation was changed and the property was rezoned in 2007/2008. A.contiguous property lying directly to the north of these properties has been acquired by the property owner's, it is their intent to request a comprehensive land use change and rezone from residential to commercial during the 2010 Comprehensive Plan Update. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No other applications are pending. 10. List any government approvals or permits that will be needed for your proposal, if known. Other than the rezone, no other permits or approvals are needed. RECEIVED MAR 2 3 2010 CITY OF YAKIMA PLANNING O1V. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The proposal is to amend a previous rezone that was conditionally approved. The rezone approval required the property owner to comply with a submitted site plan. The property owner is now requesting a straight rezone with no conditions of approval. Three parcels totaling approximately one-third of an acre are involved. The current zoning is Local Business (B-2). The new zoning would also be Local Business (B-2). 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The property lies at the northwest corner of South 6th Street and East Adams Street. The property addresses are 716 &718 South 6th Street and 507 East Adams Street, Yakima, WA 98901. The Yakima County Assessor's Parcel Numbers are 191319-43508, 43509.& 435I0. TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY • B. ENVIRONMENTAL ELEMENTS 1. Earth 2 DOC. INDEX # b. What is the steepest slope on the site (approximate percent slope)? Approximately 1 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. According to the Soil Survey of Yakima County Area Washington, the soil type is Ashue Loam. The soil is classified as prime farmland. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No filling or grading are proposed as part of this rezone application. f Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not applicable as part of this rezone application. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable as part of this rezone application. Existing impervious surface is approximately 80 percent. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None needed, none proposed. a. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. No new emissions will result as part of this rezone request. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None known by the property owner. 3 RECEIVED. MAR 2 3 2010 CITY OF YAKIMA PLANNING DIV. DOC. INDEX A c. Proposed measures to reduce or control emissions or other impacts to air, if any: None needed, none proposed. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe andattach available plans. Not applicable. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? if so, describe the type of waste and anticipated volume of discharge. No. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. . No discharge to, or withdraw] of ground water will occur as part of this rezone application. 4 RECEIVED MAR 2 3 ?010 CITY OF YAKIM4 PLANNING 0/V. DOC. INDEX # e,k. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example:. Domestic sewage; industrial, containing the following chemicals... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No waste material will be discharged into the ground as part of this rezone request. c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. No new stormwater will be generated as part of this rezone request. 2) Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: None proposed, none needed. - 4. Plants a. Check or circle types of vegetation found on the site: XX XX deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other XX other types of vegetation -- WEEDS b. What kind and amount of vegetation will be removed or altered? No vegetation is proposed to be removed as part of this rezone request. c. List threatened or endangered species known to be on or near the site. None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None proposed as part of this rezone request. • RECEIVED MAR 2 3 2010 CITY OF YAKIMti PLANNING DIV. DOC. INDEX • 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. None known. c. Is the site part of a migration route? If so, explain. No. d. Proposed measures to preserve or enhance wildlife, if any: None needed, none proposed 6. Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. • No energy resources as part of this rezone request. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None proposed, none needed. 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. - No. 1) Describe special emergency services that might be required. illNo special emergency services will be needed as part of this rezone request. 6 RECEIVED MAR 2 3.2010 CITY OF YAKIMA. Pp ;1Nlr o LOC. INDEX. 2) Proposed measures to reduce or control environmental health hazards, if any: None proposed, none needed. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Minor traffic noise exists in the area. It will not affect this rezone request. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. This rezone request will not generate any noise. 3) Proposed measures to reduce or control noise impacts, if any: None proposed. 8. Land and shoreline use a. What is the current use of the site and adjacent properties? The current use of the site is a neighborhood retail market, a beauty shop and a vacant lot. b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. The existing businesses are wood framed structures approximately 1.5 stories high. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? Local Business (B-2) f. What is the current comprehensive plan designation of the site? Neighborhood Commercial 7 RECEIVED • MAR 2 3 2J10 CITY OF YAKIMA P'1a9r DOC. INDEX g. If applicable, what is the current shoreline master program designation of the site? ilNot applicable. h. Has any part of the: site been classified as an "environmentally sensitive" area? If so, specify. • No i. Approximately how many people would reside or work in the completed project? Not applicable. This is a non -project rezone request. j. Approximately how many people would the completed project displace? Not applicable. This is a non -project rezone request. k. Proposed measures to avoid or reduce displacement impacts, if any: None needed, none proposed. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: RECEIVED MAR 20111 CITY OF YAKIMIA; P *AWING 91V. Compliance with Yakima Urban Area Zoning Ordinance and Yakima Urban Area Comprehensive Plan, once development details are determined. 9. Housing a. Approximately how manyunits would be provided, if any? Indicate whether high, mid- dle, or low-income housing. Not applicable, no housing is proposed b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable, no housing is proposed c. Proposed•measures to reduce or control housing impacts, if any: • Not applicable, no housing is proposed DOC. INDEX # 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Not applicable, no buildings are proposed as part of this rezone request. b. What views in the immediate vicinity would be altered or obstructed? No known views will be altered or obstructed as part of this rezone request. c. Proposed measures to reduce or control aesthetic impacts, if any: None proposed. 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable, no construction is proposed as part of this rezone request. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. c. What existing off-site sources of light or glare may affect your proposal? None known by property owner. d. Proposed measures to reduce or control light and glare impacts, if any: None proposed, none needed. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? RECEIVED MAR 2 3.2010 CITY OF YAKIIviO w PLANNING DIV. Informal recreational opportunities such as walking and biking have been observed in the area. Designated recreational opportunities have been observed at Adams Elementary School approximately 3 blocks away to the east. b. Would the proposed project displace any existing recreational uses? If so, describe. No. DOC. INDEX c. Proposed measures to reduce or control impacts on recreation, including recreation op- portunities to be provided by the project or applicant, if any: iNone needed, none proposed. 13. Historic and cultural preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preser- vation registers known to be on or next to the site? If so, generally describe. None known by the property owner. b.- Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. The site contains a historical business formally known as Pleasant's Market. c. Proposed measures to reduce or control impacts, if any: None proposed. 14. Transportation •a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. RECEIVED MAR 2 3 2010 CITY OF YAKIMVirl PLANNING DIV. The site is served by East Adams Street and South 6th Stree which connects to other urban arterials and eventually the state highway system. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes, the site is served by public transit. c. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable, this is a non -project rezone application. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No. 10 DOC. INDEX # �( TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transporta- tion? If so, generally describe. No. • f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable, this is a non -project rezone request. g. Proposed measures to reduce or control transportation impacts, if any: None proposed. 15. Public services a. Would the project result in an increased need for public services (for example: fire pro- tection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. None proposed. 16. Utilities a. Circle utilitie currentl ay. ilable at the site: ice elephone, septic system, o b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. No utilities are proposed as part of this rezone request. 11 0 RECEIVED MAR 2 3 2010 CITY OF YAKI MA PLANNING DIV. DOC. INDEX # ( • C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relyin n them to make its decision. Signature: �--� — Date Submitted: U RECEIVED MAR 2 3 2010 CITY OF YAKIMA PLANNING DIV_ 12 DOC. INDEX # _ (. RECEIVED D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS MAR 2 3 2010 (Do not us this section for project actions) CITY OF YAKI M PLANNINDIV. 1110 Because these questions are very general, it -may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, .or the. types of. activities likely to result from.the proposal, would affect the item at a greater intensity or a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? No increase to water, emissions to air or toxic/or hazardous substances are proposed. No increase in noise levels are anticipated by the proposed rezone. Proposed measures to avoid or reduce such increases are: If applicable, complete an additional SEPA checklist once a project has been proposed. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? This proposal will have no effect to plants, animals, fish or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Conservation of these items would be reviewed through additional SEPA review and implementation of rules and regulation of the Critical Areas Ordinance. 3. How would the proposal be likely to deplete energy or natural resources? Not applicable no natural resources are being exploited through this application. Proposed measures to protect or conserve energy or natural resources are: No needed, none proposed.. 13 DOC. INDEX 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated for government protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Compliance with local, state and federal ordinances will ensure protection occurs. Proposed measures to protect such resources or to avoid or reduce impacts are: See answer above. 5. How would this proposal be likely to affect land and shoreline -use, including whether it, .would allow or encourage land and shoreline uses incompatible with existing plans? This proposal will not affect shorelines, as there •are none. Future land use development of the property will be dictated by local, state and federal ordinances. Proposed measures to avoid or reduce shoreline and land use impacts are: Compliance with local, state and federal ordinances will ensure .protection occurs. 4111 6. How .would the proposal be likely to increase demands on transportation or public services and utilities? New development would likely increase traffic on local and state highways. Proposed measures to reduce or respond to such demand(s) are: All new development would be required to meet traffic concurrency requirements. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No conflicts are anticipated. 14 RECEIVED MAR 2 3 2010 CITY OF YAKIMA PLANNING OIV. DOC. INDEX • • AZIZ AWAD RZ#001-10, SEPA#006-10 EXHIBIT LIST CHAPTER F Public Notices DOC +d:gT t Y u2 j Dfl( t L S 3 �� 1 ' * a mtf 3 hnyty Ra sq S`tytR;Y P.t *, 4",eC .3��,}t c .y#. rX',r 'moi`^�3p� ' Ft r ��'�g r ,DATE`. ". C��3 ��-yr5'h.�k',?,i.4 . F-1 Determination of Application Completeness 04/28/10 F-2 Notice of Application and Public Hearing F -2a: Press Release and Distribution E-mail F -2b: Legal Notice and confirmation E-mail F -2c: Agencies and Parties Notified F -2d: Affidavit of Mailing 04/30/10 F-3 Land Use Action Installation Certificate 04/27/10 F-4 Notice of SEPA DNS 04/26/10 F-5 . Hearing Examiner Packet Distribution List 05/20/10 F-6 Hearing Examiner Agenda 05/20/10 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Division 129 North Second Street,2nd Floor Yakima, Washington 98901 (509) 575-6183 m Fax (509) 575-6105 www.buildingyakima.coin • www.ci.yakima.wa.uslserviceslplanningl CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday May 27, 2010 Yakima City Hall Council Chambers Beginning at 9:00 a.m. L CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING A. MT. OLIVE LUTHERAN CHURCH CL3#003-10 ADJ#007-10 Planner: Alice Klein Address: 7809 Tieton Drive Request: Install a 96 sq ft church sign. Adjustment to the size and height of the sign standard. B. CITY OF YAKIMA, A STREET(04/13/10) RWV#001-10 Planner: Bruce Benson Address: A Street between N 3'd Street and N 4th Street Request: Vacate a portion of the 8 foot sidewalk located along the south side of "A" Street between North 3rd and North 4th Streets. C. AZIZ AWAD RZ#001-10 SEPA#006-10 Planner: Chris Wilson Address: 716 & 718 South 6th Street / 507 East Adams Street Request: Non -project rezone to amend a previous rezone of three contiguous parcels. The proposed rezone would remain B-2 (Local Business). IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC. INDEX Yakima Hearing Examiner Packet Distribution List AGENDA ONLY Ken Crockett Mike Brown Comm. Relations Sam Granato Police Chief Charlie Hines Fire Chief Debbie Kloster City Clerk Carolyn Belles Codes Dave Zabell Assistant City Manager Dick Zais City Manager Codes Bulletin Board Etiquettes faciles a paler Utilisez le gabarit AVERY® 5160® Phil Lamb 311 North 3rd Street Yakima, WA 98901 Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 Office of Rural FWH Marty Miller 1400 Summitview #203 Yakima, WA 98902 Yakima School Dist. #7 Superintendent 104 North 4th Street Yakima, WA 98902 Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Yakima Valley C.O.G. 311 N. 4th Street STE 202 Yakima, WA 98901 KAPP TV Attn: Newsroom 1610 South 24th Avenue Yakima, WA 98909-5719 Radio KDNA P.O. Box 800 Granger, WA 98932 Sens de rharnamPnt Repliez a la hachure afin de reveler le rebord Pop -Up", KIT-KATS Radio 4010 Summitview, Suite 200 Yakima, WA 98908 KARY Radio 1200 Chesterly Dr. #160 Yakima, WA 98902 KIMA TV P.O. Box 702 Yakima, WA 98907 KNDO TV 1608 S. 24th Ave Yakima, WA 98902 Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 VIVA P.O. Box 511 Toppenish, WA 98948 O O KBBO-KRSE Radio 1200.Chesterlye Dr. St. 160 Yakima, WA 98902 Patrick D. Spurgin 411 N. 2nd St. Yakima, WA 98901 Gary Cuillier 314 N. 2nd Street Yakima, WA 98901 `OC. 'DEX Maud Scott 307 Union Street r Yakima, WA 98901 www.avery.com 1 -800 -GO -AVERY Use Avery® Template 5160® j Need Paper ~- Hearing Examiner Packet _ AGENDA, STAFF REPORT, diE PLAN AND MAPS Yakima County Planning County Courthouse ueuIU OIUlllg neve LU expose Pop -Up EdgeTM City Legal Department Office of Neighborhood and Development Services AVERTO 5560% , Engineering. Mike Antijunti Michael Morales CED Director DON'T FORGET TO SEND Binder Copy For the Record/ File ONE TO THE APPLICANT DOC. INDEX # �% DEPARTMENT " COMMUNITY AND ECONOMIC DE' ',OPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 www.buildingyakima.com • www.ci.yakinza.wa.us/services/planning/ WASHINGTON STATE ENVIRONMENTAL POLICY ACT ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT CITY OF YAKIMA, WASHINGTON April 26, 2010 ADOPTION FOR: ® DNS { 1 EIS other DESCRIPTION OF CURRENT PROPOSAL: The applicant proposes a non -project rezone to amend a previous rezone of three contiguous parcels of property located at 716 and 718 South 6th Street, and 507 East Adams Street, Yakima, Washington. The previous rezone approval required the property owner to comply with a submitted site plan. The property owner is now requesting an amended rezone so that the conditional approval is removed from the property. The current zoning is Local Business (B-2), which will remain unchanged. FILE NUMBER: PARCEL NUMBERS: PROPONENT: LOCATION: SEPA#006-10 191319-43508, 191319-43509 & 191319-43510 Bill Hordan, Hordan Planning Services on behalf of Aziz Awad 716 & 718 South 6th Street and 507 East Adams Street TITLE OF ADOPTED DOCUMENT: Final Determination of Non -Significance LEAD AGENCY: City of Yakima, Division of Environmental Planning DATE DOCUMENT PREPARED: October 4, 2007 DESCRIPTION. OF DOCUMENT BEING ADOPTED: Amendment to the Yakima. Urban Area Comprehensive Plan's Future Land Use Map of three contiguous parcels requesting a Neighborhood Commercial designation, and rezone from the Single -Family Residential (R-1) and Historic Business (HB) zones to the Local Business (B-2) zone. (File Number: EC#16-07) If the document being adopted has been challenged (WAC 197-11-630), please describe: Document not challenged. The document is available for public review at City of Yakima Planning Division, 129 North 2nd Street, Yakima, • Washington. We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the decision maker. Name of agency adopting document City of Yakima, Washington RESPONSIBLE OFFICIAL: Michael A. Morales POSITION: Director of Community & Economic Development. TELEPHONE: (509) 575-6113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: April 26, 2010 SIGNATURE: NOTICE OF. DECISION Compliance with the Washington State Environmental Policy Act (SEPA) October 4, 2007 On September 7, 2007 the City of Yakima, Washington issued a Notice of Application and Environmental Review and Preliminary SEPA Determination of Nonsignificance regarding an Environmental Checklist application submitted by A & N Investments. This review concerns the environmental analysis for a request to change the Future Land Use Map, and Rezone the property at 716 & 718 S. 6th Street, and 507 E. Adams Street, Yakima, Washington. Parcel number: City File Number: #191319-43508, 191319-43509, and 191319-43510 A & N Investments UAZO EC#16-07 Following the required 20 -day public comment period, and consideration of all comments received, the City of Yakima has issued the enclosed SEPA Threshold Decision. This decision may be appealed within 15 days from the date of mailing. Appeals must be in writing and on forms available from the City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington. The fee of $505.00 must accompany the Appeal Application. For further information or assistance, you may wish to contact Vaughn McBride, Associate Planner at (509) 576-6315 at the City Planning Division. Doug Maples Planning & Code Administration Manager Notice of Decision Mailing Date: October 4, 2007 Enclosures: SEPA Determination of Nonsignificance Site Plan, Vicinity Map and Mailing Map DOC. INDEX DOC. INDEX # C WASHINGTON STATE ENVIRONMENTAL POLICY ACT FINAL DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON October 4, 2007 PROPOSAL: Amendment of the Yakima Urban Area Comprehensive Plan's Future Land Use Map requesting a Neighborhood Commercial designation. PROPONENT: A & N Investments LOCATION: S. 6th Street &. E. Adams Street, Yakima, WA LEAD AGENCY: City of Yakima FILE NUMBER: UAZO EC #16-07 DETERMINATION: The lead agency for this proposal has determined that the project will not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c), provided the measures listed below are taken to mitigate potential adverse impacts. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. The information is available to the public upon request at the City of Yakima Planning Division. This Final DNS is issued under WAC 197-11-340 (2). There is no further comment period for this DNS. CONTACT PERSON: Contact Bruce Benson, Supervising Planner. Call (509) 575-6042 for more information. SEPA RESPONSIBLE OFFICIAL: William R. Cook POSITION / 'l1'1'LE: Director Community & Economic Development TELEPHONE: 509 / 575-6.113 ADDRESS: 129 North 2nd Street, Yakima, WA 98901 DATE: October 4, 200 SIGNATURE: Final DNS —A & N Investments CPA #5-07, RZ #7-07, EC #16-07 O DOC. INDEX # 1, TOC. 0 NDEX • •. 1] You may appeal this determination to: Doug Maples, Building Codes & Planning Manager, at 129 N 2t Street, Yakima, WA 98901. No later than: October 18, 2007 By (method) Complete appeal application form and payment of $505 appeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. 0 There is no agency appeal. Final DNS A & N investments CPA #5-07, RZ 1/7-07, EC #116-07 2 DOC. INDEX # i'� DOC. INDEX # E.-9 CITY OF YAKIMA LAND USE ACTION INSTALLATION Af/2// d, o CERTIFICATE 4Z/a AW 4b [Project Number: g? #66/_ /6 Site Address: 4/17/3' S <o 4 S-{. Location of Installation (Check Qne):Y Land Use Action Sign is installedper standards described in YUAZO § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre -approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name �(ple.aseaprint) •3 , L L 7- 1'"1D11i- pphcants Signature k 'elephone Number of Applicant P" The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application . review. Please remit the above certification and deliver; FAX at 509-575-6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. DOC. INDEX # r-- • AFFIDAVIT OF MAILING STATE OF WASHINGTON . CITY OF YAKIMA RE: RZ#001-10 Aziz Awad 716 & 718 So. 6th Street/507 East Adams Street I, Connie Dulaney, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of .500 feet of subject property, that said property owners are individually listed on the mailing list .retained by the Planning Division, and that said notices were mailed by me on the 30th day of April, 2010. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Connie Dulaney Department Assistant III DOC. INDEX 19131943509 A & N INVESTMENT & RENTAL PROPERTIES LLC • 908 S 37TH AVE • YAKIMA, Washington 989023902 19131943510 A & N INVESTME► -- RENTAL PROPERTIES . " 908 S 37 "AVE YAKIMA, Washington 989023902 19131943531 GREATER COLUMBIA BASIN PROPERTIES LLC PO BOX 8085 YAKIMA, Washington 989088085 0 19131943523 GREATER FAITH BAPTIST CHURCH 2122 29TH AVE S SEATTLE, Washington 98144 .19131943524. GREATER FAITH : ST CHURCH 816 S 6TH ST:,= "" SUNS , Washington 98944 19131943525 GREATER FAIT- 'T1ST CHURCH 816 S 6T .y•. "' YA ' Washington 98901 19131943557 GREATER FAITH BAPTIST CHURCH 816 S 6TH ST YAKIMA, Washington 98901 1.9131943507 YAKIMA VENTURE CAPITAL LLC PO BOX 2022 YAKIMA, Washington 989072022 19131943448 ADAN D & SELENE M HERNANDEZ 616 S NACHES AVE YAKIMA, Washington 989013242 19131943471 AGUSITIN & DELFINA LOPEZ 806 S NACHES AVE YAKIMA, Washington 98901 19131944403 ALEXANDER G & MARIA AMAYA 802 S 7TH ST YAKIMA, Washington 98901 19131944410 ALICIA CHAVEZ • 816 S 7TH ST YAKIMA, Washington 989013321 19131944544 AMBROSIO & ALICIA GOMEZ SANCHEZ 608 E RACE ST YAKIMA, Washington 98901 19131943553 • ANDREW D SR &COYDELL PLEASANT 805 S 6TH ST YAKIMA, Washington 989013312 19131943554 ANDREW D. PLE 805 S.6 YA. %A, Washington 989013312 ®I 19131943555 ANDREW DENNY PLEASANT JR 714S6TH ST YAKIMA, Washington 98901 .19131943521 ANTONIO CHAVEZ 804S6TH ST YAKIMA, Washington 98901 19131944548 ANZOLA TRIMBLE 710S7TH ST YAKIMA, Washington 98901 19131944409 APOLONIA HERRERA 815 S 7TH ST YAKIMA, Washington 98901 19131943552 ARCHIE M & SHIRLEY P SUTTON 819 S 35TH AVE YAKIMA, Washington 98902 19131943547 ARMANDO A BADILLO 512 N 6TH ST APT B YAKIMA, Washington 98901 19131943508 AZIZ AWAD 716 SO 6TH ST . YAKIMA, Washington 98901 19131944433 BALTAZAR &SARAH•CRENO VALLADARES 801,S 7TH ST YAKIMA, Washington 98901 19131944533 BARDOMIANO ET AL BARRAGAN 721 S 7TH ST • YAKIMA, Washington 98901 19131943474 BERTHA ALICIA LOPEZ GARIBAY 812 S NACHES AVE YAKIMA, Washington 98901 19131943520 CARLOS ANTONIO DIAZ 802 S 6TH STREET . YAKIMA, Washington 98901 19131944401 CECILIA A MARTINEZ 531 N 172ND ST SHORELINE, Washington 981335220 DOC. 19131943473 COLETTE S GERMAN 810 S NACHES AVE YAKIMA, Washington 98901 19131943481 DARIO VELASQUEZ 805 S 4TH ST YAKIMA, Washington 98901 19131943532 INDEX DAVID N & MAI*H rAY�Al 807 S NACHES AVE YAKIMA, Washington 98901 19131943539 DEL MATTHEWS 9 3 W FREMONT AVE H, Washington 989421213 19131943460 DONALD L & MARGARET E WEISS 708 S NACHES YAKIMA, Washington 98901 191319435051" DONNIE M & WILLA D POWELL ' 906 S 36TH AVE YAKIMA, Washington 98902 19131943495 EDDIE WILKERSON , , 611 S NACHES AVE YAKIMA, Washington 98901 • 19131943512 EDGAR HERNANDEZ 1526 GARFIELD AVE YAKIMA, Washington 989022509 • 19131943530 ELIAS B & ORALIA P RODRIGUEZ 811 S NACHES AVE YAKIMA, Washington 98901 • 19131943469• ENRIQUE & ESTREBERTH NAVARRO 802 S NACHES AVE YAKIMA, Washington 98901 .19131944402 ERICA M MORA -•728 S 7TH ST YAKIMA, Washington 98901 19131943503 ESIQUIO & AMPARO SANDOVAL 706 S 6TH ST YAKIMA, Washington 989013311 19131943458 ESTHER HUIZAR 704 S NACHES AVE YAKIMA, Washington 989013244 • 19131944417 EVA BAILEY 727 S 7TH ST504 YAKIMA, Washington 98901 19131943535 FRANCISCO &CARMEN OCHOA E ADAMS ST #•A YAKIMA, Washington 989013301 '19131944416 FRED & PATRICIA DILLS • PO BOX 901 iiiEE, Washington 98936 19131944415 FRED & PATRICIA S PO BOX 9 MOX , ashington 98936 19131943546 GABRIEL & DOMITTILA MONTES DE OCA 13924 CLUB WAY ARLINGTON, Washington 98223 1111943548' GABRIEL & DOMITT,.'" ONTES DE OCA 13924 CLU %`AY ARL ON, Washington 98223 19131943470 GEORGE E I11 COSON 502 S 7TH ST # C YAKIMA, Washington 98902 19131943476 GLORIA B NAJERA 405 E PACIFIC YAKIMA, Washington 9890] 19131943475 GONZALO & OLIVIA LUNA 814 S NACHES AVE YAKIMA, Washington 98901 • 19131944561 GREGORIO V & PLACIDA GONZALEZ 805 S WASCO AVE WAPATO, Washington 98951 19131944545 GUADALUPE & MARIA GONZALEZ HERNANDEZ . 704 S 7TH ST YAKIMA, Washington 98901 19131943518 HELEN WYATT 703 S NACHES AVE YAKIMA, Washington 98901 19131943506 HUMBERTO.PEREZ 1024 FAIR AVE YAKIMA, Washington 98901 19131943459 ISABEL DIAZ 706 S NACHES AVE 'YAKIMA, Washington 989013244 19131943493 JAMES ARMBRISTER 615 S NACHES AVE • YAKIMA, Washington 989013317 19131944560 JAMES G & NELYA GONZALEZ PO BOX 1105 WAPATO, Washington 989511105 19131943543 JEAN STOTTS 709 S 6TH ST YAKIMA, Washington 98901 DOC. 544505 & CLEMINTINA G MAGANA 716S7TH ST YAKIMA; Washington 98901 19131943461 JIM & SANDRA MARQUEZ 214EAST SST YAKIMA, Washington 989011841 19131943492 •INDEX JOAQUIN VELASQUEZ # r-• A . .' 616S6TH ST YAKIMA, Washington 98901 19131943465 JOHN W 11 DOWE 705 S 4TH ST YAKIMA, Washington 989013229 19131943462 JORGE L & ANA LUNA 714 S NACHES AVE YAKIMA, Washington 98901 ' 19131943457 JORGE ZAPIEN & GLORIA ELENA PONCE 702 S NACHES AVE YAKIMA, Washington 98901 11111 19131943549 JOSE MEDINA 815 S 6TH ST YAKIMA, Washington 98901 19131944547 JOSE A & ALMA HUERTA 708 S 7TH ST, YAKIMA, Washington 98901 19131943511 •JOSE C & ROSEMARY NUNEZ 10222 MIERAS RD YAKIMA, Washington 98901 19131943468 JOSE JR SANCHEZ • 3102 CASTLEVALE RD YAKIMA, Washington 98902 19131944404 JOSEPHINE HARRINGTON 804 S 7TH ST YAKIMA, Washington 98901 19131944534 JUAN ZARAGOZA PO BOX 817 GRANGER, Washington 989320817 • 19131943447 JUAN & HILDA E SANCHEZ RABADAN 614 S NACHES AVE YAKIMA, Washington 98901 19131943513 JUAN MORENO BADILLO • 9035 10TH AVE YAKIMA, Washington 98902 19131944532 JULIO C ARREOLA 723 S 7TH ST YAKIMA, Washington 98901 19131943528 JUNE E. HASTINGS 815 S'NACHES AVE YAKIMA, Washington 98901 19131943561 JUVENAL R & ROSA VALDOVINOS 108 DARLAND AVE MOXEE, Washington 98936 19131943472 LACY GERMAN ^808 S NACHES AVE YAKIMA, Washington 98901 IV 19131943519 LAWRENCE E ANDERSON 1609 S 27TH AVE YAKIMA, Washington 98902 19131944405 LODDIE BRYANT 806 S 7TH ST YAKIMA, Washington 989013321 19131944418 LOUIS GERALD BARRETT 725 S 7TH ST YAKIMA, Washington 98901 19131944559 • LUIS JAVIER ESCAMILLA 215 S 41 ST ST YAKIMA, Washington 98901 1416 19131943514 LUZ SANCHEZ 709 S NACHES AVE YAKIMA, Washington 98901 19131943536. MACEDONIO &ESPERANZA DOMINGUEZ 801 S NACHES AVE YAKIMA, Washington 98901 19131943482 MANUEL & M SANCHEZ URVINA 803 S 4TH ST YAKIMA, Washington 98901 19131943551 MARDONIO & ALEJANDRO HERRERA • 1 1 10 N 2ND ST YAKIMA, Washington 98901 19131944432 MARGARET WORTH 803 S 7TH ST YAKIMA, Washington 98901 19131944535 MARIA BACA 3015 N APPLE WAY RIALTO, California 92377 19131944564 MARIA FIGUEROA 714 S 7TH ST ., YAKIMA, Washington 98901' 19131944431 MARIA RUIZ .805 S 7TH ST • YAKIMA, Washington 98901 DOC. 19131943464 MARIA L MARTINEZ 707 S 4TH ST YAKIMA, Washington 98901 19131943502 MARIA YARABID RODRIQUEZ 704 S 6TH ST YAKIMA, Washington 98901 19131944407 INDEX MARINO & MARIP#MEI Z,4� filo 602 S 6TH ST /� YAKIMA, Washington 98901 19131943522 MARTHA GALLEGOS 0 W MEAD AVE # 81 MA, Washington 98902 19131943533 MARTHA M & MERLE C TUCKER 805 S NACHES AVE YAKIMA, Washington 98901 19131944563' MARTIN G.& ESPERENZA CHAVARIN 712 S 7TH ST YAKIMA, Washington 98901 -19131943483 NESTOR & JOSEFA NICHO - 602 S 6TH ST • YAKIMA, Washington 98901 19131943544' • NGA VAN NGUYEN 2426 S 132ND ST SEATAC, Washington 98168 19131943542 NORRIS M & GERTRUDE•GIPSON 711 S 6TH ST YAKIMA, Washington 98901 19131943538 ORVILLE C & ALICE R STONE 703 N 33RD ST - YAKIMA,'Washington 98901 19131943491 OSCAR CHAVEZ 614 S'6TH ST YAKIMA, Washington 98901 19131943537 OTILIO B & MERCEDES HERRERA 721 S 6TH ST YAKIMA, Washington 989013310 19131943504 PEDRO S LLAMAS 708 S 6TH ST YAKIMA, Washington 98901 19131943550 PHILLIP & JEAN E FLORES 410 N NACHES AVE YAKIMA, Washington 98901 19131943545 REFUGIO MARTINEZ JR 1 124 ROCK AVE ' YAKIMA, Washington 98902 '19131943529 RICHARD A URIOSTE 901 LASALLE ST Y IMA, Washington 98901 19131943480 RITA R MAGANA 809 S 4TH ST YAKIMA, Washington 98901 19131944408 ROBERT L & JUDITH 0 BONSER 821 N 48TH AVE YAKIMA, Washington 989082405 1 31944554. ROCKY SIERRA 1803 S PALOUSE ST • KENNEWICK; Washington 99337 19131943517 RODOLFO MONTOYA PO BOX 2153 YAKIMA, Washington 989072153 19131943568 RODOLFO P & ELVIA GARCIA '701 S 4TH ST YAKIMA, Washington 98901 19131944406 ROSARIO OROZCO 613 S 13TH ST YAKIMA, Washington 98901 19131943541 SAMUEL LYNN GIPSON 713 S 6TH ST YAKIMA; Washington 98901 ' 19131943534 SARA RENTZ .803 S NACHES AVE YAKIMA, Washington 98901 • 19131943463 TERESA MARTINEZ 709 S 4TH ST YAKIMA, Washington 98901 19131943540 TORSTEN J & GLADYS 'KIDDOO 715 S 6TH ST YAKIMA, Washington 98901 19131943422 VICTOR M & KARLA ABUNDIZ 801 S 6TH ST YAKIMA, Washington 98901 19131943494 VINCENTE & MARIA MORENO 613 S NACHES AVE YAKIMA, Washington 989013241 19131943501 WANETA W REYNOLDS 702 S 6TH ST YAKIMA, Washington 989013311 i 3 } , J J 1 a 116 -La ;110 .� 3 i- Total Parcels - Aziz Awad Gttitte04:1=1:0, RZ#001-10, SEPA#00.6-10• t41010 (UTC- tiro 14-0-4-c- ``-`1 f ez--.021-1b 10. rdan Planning Services 410 North 2nd Street# Yakima, WA 98901 Aziz Awad 718 South 6th Street Yakima, WA 98901 Aziz Awad INDEX P.O. 2022 ,• Box ' r.:::,(2 Yakima, WA 98907 IN-HOUSE DISTRIBUTION LIST Royale Schneider Code Administration Ron Melcher Fire Dept. Mike Antijunti Engineering Division Mike Shane Water/Irrigation Carolyn Belles Code Administration City Legal Dept. Jerry Robertson Code Administration Office of Neighborhood and Development Services / sandy Cdx Code Administration DECISIONS ONLY/ City C rk DEC IONS ONLY , Michael orales, CED\B' ector DECIS ONLY Neth Thompson Cod Administration DELI NS ONLY For the Record/File ed� Bin sCopy DECISIONS ONLY J Type of Notice: -� °e /je:r a� FileNumber(s): g UU — /v Date of Mailing: DOC. . INDEX tic. u4-.)u-lu Legal 'Nonce: IN le o1 App ana rirg-Azlz fiwaa-1(tuu1-1u- Dulaney, Connie From: Legals [legals@yakimaherald.com] Sent: Wednesday, April 28, 2010 11:00 AM To: Dulaney, Connie Subject: Re: 04-30-10 Legal Notice: Ntc of App‘and Hrg- Aziz Awad-RZ001-10 I've scheduled this legal notice for 4/30, for a cost of $201.30. rage 1oi1 On 4/27/10.4:46 PM, "Dulaney, Connie" <cdulaney@ci.selah.wa.us> wrote: Please Publish only once on Friday, April 30, 2010 Send affidavit of publication and invoice to: Account 11002 City of Yakima =Planning Division 129 N 2nd Street, Yakima, WA 98901 Connie Dulaney Department Assistant 111 City of Yakima Planning 129 N 2nd Street Yakima, WA 98901 509-575-6183 f\I tV Psi Simon Sizer Legal/Obituary Clerk. Yakima Herald -Republic Phone: 509-577-7740 Fax: 509-577-7766 I:egals@yakimaherald.com DOC. INDEX 4/28/2010 CITY OF'YAKIMA NOTICE OF APPLICATION AND PUBLIC HEARING DATE: April 30, 2010 FROM: Joan Davenport, Planning Manager APPLICANT: Aziz Awad SUBJECT: Notice of Application for a Non -Project Re- zone of Three Parcels SITE ADDRESS: 716 and 718 South 6th Street and 507 East,AdamsStreet File Number: RZ#001-10 Parcel Numbers: 191319-43508, 191319-43509 & 191319-43510'> Date of Application: March 23, 2010 ' Date': of 'Determination of Completeness: April 28, PROJECT DESCRIPTION: The City of Yakima De- partment. of .Community & Economic Development has received a Rezone application from Hordan'planning Services.:on' behalf of Aziz Awad. The applicant- pro- poses a non -project rezone 'to amend 'a previous re- zone of three contiguous parcels of property located at 716 and 718 South' 6th Street, and 507 East Adams Street; Yakima, Washington. The previous rezone ap- proval required the property owner to comply with a submitted: site; plan. The, property owner, is now re- questing an amended rezone'so that the 'conditional approval is removed from the property. The current zoning' is .Local Business (B-2), which will'remain un- changed:`;ENVIRONMENTAL.REVIEW: This is to -noti- fy all thespublioand- private'.agencies- with 'jurisdiction andenvironmental:.expertise that the - City of; Yakima Division of: Environmental. Planning has:been estab- lished as the, lead agency, pursuant to the Washington State: Environmental:Policy-Act:(SEPA) for the. -above •stated project. This action is not exempt from the State Environmental Policy Act' under. WAC 197-11-800.Cat- egoricel;"Exemptions (1)(a)'-Minor_New .Construc- tiop,.a's this action involves the.rezone of .threeparcels of property. SEPA`Review was completed on October 4,2007 -for. the same -rezone -of the -same -Parcels, and a Determination of:Non Significance was issued (File No. `,EC#;16 07) Pursuant to' WAC . _197 11630;'the content of;the current proposal has been reviewed, and it has. been -determined that';the existing SEPA DNS meets the City's environmental review standards. The existing _environmental documents .have been adopted for this- current proposal- (File No,-BEPA#006.10):.A copy. of the adoption document is available upon-. re, quest atIhe;City of Yakima;,, Planning Divrsion,::129, N. 2nd £Streef,,or.at the Yakima Downtown;. Public -Library; 102 N. 3rd Street;,°Yakima;`Weehington -.NOTICE' OF OPEN RECORD PUBLIC HEARING: An open record public hearing will -be -held, before the Hearing Examiner+on,Thursday May;27 , 2010 at 9:00 amt.: in the,;Yakima ::City- Council;:Chambers;` ,129 North 2nd;Street, ;Yakima,,INA2'You are):welcome;10 attend the^;public heating :and/or submit .! written. com- ments through' the-hearingdate. Youimay submit your written comments'on this -,project, to: Joan::Davenport, Planning Manager; -City -of 'Yakima, .,Planning -Divi- sion 129 - North -2nd ;Street, -.:Yakima;. -.Washington 98901, 'Or e-mail fo: cwilson@ci-yakirha:wa:usi Comments which are 'received prior to 'Monday; -.May 17th, 2010 will be considered:in-the:preparation'of the staff report. Please be certain to reference the file number or applicant's name -in' your: correspondence •(AzizAwad RZ#00:1-10): A staff report will be`°availa-. ble for' inspection at least: seven days prior to the;pub lic hearing, and copies will be provided at. the City's cost The Hearing';Examiner's recommendationiwill be forwarded to'the Yakima City, Council fora closed re, cordpublic, heanng;followed by a final decision' If you have any questions on this proposal,"please,:call,Chris- tine Wilson; Assistant'Planner, at (509) :576.6736, or e-mail to cwilson@ci.yakima.wa us (09553872) April 30, 2010 DATE: TO: FROM: APPLICANT: SUBJECT: SITE ADDRESS: File Number: PRESS RELEASE. CITY OF YAKIMA NOTICE OF PUBLIC HEARING April 30, 2010 Applicant and Adjoining Property Owners Joan Davenport, Planning Manager Aziz Awad Notice of Application for a Non -Project Rezone of Three Parcels 716 and 718 South 6th Street and 507 East Adams Street RZ#001-10 Parcel Numbers: 191319-43508, 191319-43509 & 191319-43510 Date of Application: March 23, 2010 Date of Determination 'of Completeness: April 28, 2010 PROJECT DESCRIPTION The City, of Yakima Department of Community & Economic Development has received a Rezone application from Hordan . Planning Services on behalf of Aziz Awad. The applicant proposes a non -project rezone to amend a previousrezone of three contiguous parcels of property located at 716 and 718 South ,6th Street, and 507 East Adams Street, Yakima, Washington. The previous rezone approval required the property owner to comply with a submitted site plan. The property owner is now requesting an amended rezone so that the conditional approval is removed from the property. The current zoning is Local Business (B-2), which will remain unchanged. ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. This action is not exempt from the State Environmental Policy Act under WAC 197-11- 800 Categorical Exemptions (1)(a) Minor New Construction, as this action involves the rezone of three parcels of property. SEPA Review was completed on October 4, 2007 for the same rezone of the same parcels, and a Determination of Non Significance was issued (File No. EC#16-07). Pursuant to WAC 197-11- 630, the content of the current proposal has been reviewed and it has been determined that the existing SEPA DNS meets the City's environmental review standards. The existing environmental documents have been adopted for this current proposal (File No. SEPA#006-10). A copy of the adoption document is available upon request at the City of Yakima, Planning Division, 129 N. 2nd Street, or at the Yakima Downtown Public Library, 102 N. 3rd Street, Yakima, Washington. NOTICE OF OPEN RECORD PUBLIC HEARING An open record public hearing will be held before the Hearing Examiner on Thursday, May 27, 2010 at 9:00 a.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. You are welcome to attend the public hearing and/or submit written comments through the hearing date. You may submit your written comments on this project to: Joan Davenport, Planning Manager City of Yakima, Planning Division 129 North 2nd Street Yakima, Washington 98901 Or e-mail to: cwilson(i ci vakima.wa.us Aziz Awad Notice of Public Hearing DOC. INDEX # '026f • • Comments which are received prior to Monday, May 171h, 2010 will be considered in the preparation of the staff report. Please be certain to reference the file number or applicant's name in your correspondence (Aziz Awad, RZ#001-10). A staff report will be available for inspection at ]east seven days prior to the public hearing, and copies willbe provided ,at the City's cost. The Hearing Examiner's recommendation will be forwarded to. the Yakima City Council for a closed record public hearing followed by a final decision. If you have any questions on this proposal, please call Christine Wilson, Assistant Planner, at (509) 576-6736, or e-mail to cwilson@ci.yakima.wa.us. Aziz Awad Notice of Public Hearing 2 DOC. INDEX # Page 1 of 1 Dulaney, Connie From: Dulaney, Connie Sent: Friday, April 30, 2010 8:42 AM To: Adriana Janovich - Yakima Herald; Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Dulaney, Connie; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez- KDNA; George Finch - Business Journal; Ibarra, Rosalinda; KIMA TV; KNDO News; KUNS-TV Univision; Lance Tormey; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; NWCN; Randy Beehler - YPAC; Scott Mayes; Yakima Business Journal; Yakima Herald Republic Newspaper Cc: tcbgc©aol.com; Amanda Schmig (AmandaS©house314.com); Pat Spurgin (pds©spurginlawoffice.com) Subject: Notice of Public Hearing on Aziz Awad - RZ#001-10 Attachments: Ntc of App and Hrg - Aziz Awad - RZ001-10_Press Release.doc Roseanne could you post this to http://www.ci.yakima.wa.us/seivices/planning/Noticeofap.asp Thank you. Connie Dulaney Department Assistant III City of Yakima Planning 129 N 2nd Street Yakima, WA 98901 509-575-6183 4/30/2010 DOC. O INDEX • • DEPARTMENT OF COMMUNITY AND >ECONOMIC DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 www.butldingyakima.co,n 0 www.ci.yakima.wa.us/services/planning/ DATE: TO: FROM: APPLICANT: SUBJECT: SITE ADDRESS: File Number: Parcel Numbers: CITY OF YAKIMA NOTICE OF PUBLIC HEARING April 30, 2010 Applicant and Adjoining Property Owners Joan Davenport, Planning Manager Aziz Awad Notice of Application for a Non -Project Rezone of Three Parcels 716 and 718 South 6t'' Street and 507 East. Adams Street RZ#001-10 1.91319-43508,191319-43509 & 191319-4351.0 Date of Application: March 23, 2010 Date of Determination of Completeness: April 28, 2010 PROJECT. DESCRIPTION The City of Yakima Department of Community & Economic. Development has received •a Rezone application from Hordan Planning Services on behalf of Aziz Awad. The applicant proposes a non-project:rezone to amend a previous rezone of three contiguous parcels of property located at 716 and 718 South 6t'' Street, and 507' East. Adams Street, Yakima, Washington. The previous rezone approval required the property owner to comply. with a submitted site plan., The property owner is now requesting an amended rezone so that the conditional approval is removed from the property. The current zoning is Local Business (B-2), which will remain unchanged. ENVIRONMENTAL'REVIEW This is to notify all the'public and private agencies with jurisdiction and environmental expertise • that the 'City of Yakima Division of Environmental 'Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project. This action is not exempt from the State Environmental Policy Act under WAC 197-11- 800 Categorical Exemptions (1)(a) Minor New Construction, as this action involves the rezone of three parcel's of property. , SEPA Review was completed on October 4, 2007 for the same rezone of the same parcels, and a Determination of Non Significance was issued (File No. EC#16-07). Pursuant to WAC 197-11- 630, the content of the current proposal has been reviewed and it has been determined that the existing SEPA DNS meets the City's environmental review standards. The existing environmental documents have been adopted for this current proposal (File No. SEPA#006-10). A copy, of the adoption document isavailable upon request at the City of Yakima, Planning `Division, 129 N. ,2nd Street, or at the Yakima Downtown Public Library, 102 N..3' d Street, Yakima, Washington. Aziz Awad Notice of Public Hearing DOC. INDEX x+n; 171 Yakima • 1994 NOTICE OF OPEN RECORD PUBLIC HEARING An open record public hearing will be held before the Hearing Examiner on Thursday, May 27, 2010 at 9:00 a.m. in the Yakima City Council Chambers, 129 North 2nd Street, Yakima, WA. You are welcome to attend the public hearing and/or submit written comments through the hearing date. You may submit your written comments on this project to: Joan Davenport, Planning Manager City of Yakima, Planning Division 129 North 2nd Street Yakima, Washington 98901 Or e-mail to: cwilson(a,,ci.vakinia.wa.us. Comments which are received prior to Monday, May 17th, 2010 will be considered in the preparation of the staff report. Please be certain to reference the file number or applicant's name in your correspondence (Aziz Awad, RZ#001-10). . A staff report will be available for inspection at least seven days prior to the public hearing, and copies will be provided at the City's cost. The Hearing Examiner's recommendation will be forwarded to the Yakima City Council for a closed record public hearing followed by a final decision. If you have any questions on this proposal, please call Christine Wilson, Assistant Planner, at (509) 576-6736, or e-mail to cwilson cr ci.yakima.wa.us. Encl: Written Narrative and Mailing Map Aziz Awad Notice of Public Hearing 2 DOC. INDEX 1- O 8 that the total commercial land area is limited. In essence, the property as a whole, or individually, would not be able to accommodate any intensive uses because necessary development improvements such as required parking spaces and lot coverage could not be provided. What is the status of the existing land use? The status of the, existing land use is an operating neighborhood convenience store, operating beauty shop and a vacant lot. B. .How is the rezone request in compliance with and/or how does the request deviate from the Yakima Urban Area Comprehensive Plan? The rezone request is in compliance with the Yakima Urban Area Comprehensive Plan because the proposal meets many of the goals, objectives and policies of the Plan for commercial development. Specifically, this request encourages commercial development within the urban area, within the city limits, along an arterial street route, served with full urban standards and provides a convenient shopping location consistent with the development pattern of the community (Goal 3.12 and supporting Policies 3.12.1 through -3.12.8). This request will also bring the property into compliance with current zoning standards by permitting the historical use to expand and meet the growing demand of the changing demographics of the area that tend to patronize these particular businesses. C. Are there adequate public facilities, such as traffic capacity, sewer services potable water, stormwater drainage, schools, fire and police services, and other public services and infrastructure existing on the and around the subject property? Yes, there are adequate public facilities to serve this proposal. The total property has direct frontage and access onto three public thoroughfares; an alley to the west, East Adams Street to -the south and South 6th Street on the east. The property is, or can be, served with all other infrastructure including domestic water, sanitary sewer, natural gas, electricity, telephone and any other need utilities. Additionally, the site is protected by the Yakima Police and Fire Departments. Are the existing public facilities capable of supporting the most intensive use of the new (requested) zone? If not, what mitigating measures are going to be implemented to address any short falls in public services that may exist? Since this project was previously reviewed for public facilities in the prior rezone request, all indications are that public facilities exist to support the rezone request. If any short DOC. INDEX Vicinity Map for RZ#001-10, SEPA#006-10 http://citygis/yakimagis/printMap.html?vicinity=true �5� fl �0 - a Ind Pin*. Adam; tt.;i Scale • 1:4000 • Adams 3t z<s z to 1M31ket St Fetor. Ai"e R411i H1 :+t N • t C Rao* St Pal Rai111 City of Yakima, Washington File Number: RZ#001-10, SEPA#006-10 Applicant: Bill Hordan Planning Services Owner: Aziz Awad Request: Non -project rezone to amend a previous rezone of three contiguous parcels. The proposed rezone would remain B-2 (Local Business). Location: 716 & 718 S 6th St / 507 E Adams St Parcel Number(s): 19131943508,19131943509,19131943510 Subject Area Site Property Notification Area NOTIFICATION OF LAND USE APPLICATION Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Services - Wednesday, April 28, 2010 41111 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Ya1010 Ssumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, vislKnot taken by the user in reliance upon any maps or information provided herein. 1 of 1 4/28/2010 3:36 PN DEPARTME. OF COMMUNITY AND ECONOMIC D .!'LOPMENT Planning Dfl!isio;e 29 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575.618 Fax (509) 575-6105 c www.ci.yakima.wa.us April 28, 2010 Aziz Awad 718 S. 6th St. P.O. Box 2022 Yakima, WA 98907 Re: Determination of Application Completeness File Number: RZ #001-10 Dear Mr. Awad: Your rezone application to remove conditions of approval from a previous rezone decision for property located at 716 & 718 South 6th Street was received March 23, 2010. Your application has been determined to be complete as of April 28, 2010. Continued processing of your request will include, but is not limited to, the following actions: 1. A public hearing before the Hearing Examiner has been scheduled for Thursday, May 27, 2010 at 9:00 am in the City Council Chambers, 129 N. 2°d St., Yakima, Washington. 2. In compliance with the State Environmental Policy Act, the previous SEPA DNS for the previous rezone of this property was adopted on April 26, 2010 for this current rezone request. 3. Notification of the public hearing will be publishedin the Yakima Herald Republic and mailed to adjacent property owners within a 500 -foot radius of the property on April 30, 2010. Posting of the property on both street frontages shall coincide with these notices. 4. A staff report and recommendation to the Hearing Examiner will be prepared. 5. The Hearing Examiner's recommendation will be rendered within 10 business days following the public hearing and then forwarded to the City Council for a "Closed Record" public hearing for a final decision on the rezone. If you have any questions regarding this matter, please call me at 576-6736 or e-mail to cwilson@ci.yakima.wa.us. Sincerely, _) 2' LAC Christine Wilson Assistant Planner Cc: Bill Hordan, Hordan Planning Services Doc. INDEX #—`f AZIZ AWAD RZ#001-10, SEPA#006-10 EXHIBIT LIST CHAPTER G PHOTOS �IDOC xi DOCUMENtT� i ii 3j.Y 3DATE ,,.. G-1 Photos 05/20/07 h �. .:Ft47.titTirtn "r4Zirri+ZIA'.'''C*34VKZ,P•-'' • - al'. v -r 1-- # X3(1NI °000 Street View Page 1 of 1 If no image appears then the street view is not available. Powered by Google! DOC. INDEX #C=, http://gis.ci.yakima.wa.us/cityflex/StreetView.html?lat=46.593820&ing=-120.494288 4/1/2010 oiieei view Page 1 of 1 If no image appears then the street view is not available. Powered by Google! DOC. INDEX http://gis.ci.yakima.wa.us/cityflex/StreetView.html?lat=46.593820&ing=-120:494288 4/1/2010 JL1CCL v lew Page 1 of 1 42 E Adams Si Yakima, WA,.United Statesw If no image appears then the street view is not available. Powered by Google! DOC. • INDEX http://gis.ci.yakima.wa.us/cityflex/StreetView.html?lat=46.593820&ing=-120.494288 4/1/2010 JPrint Mapj ,jClose Map] sz. ro 403 6 1 r 41°°4 .. 099- w \.- 7.s— '43581630 43. 43.95 130 43. 43514 43517 43517 +0 43511 41534 „ 41511 a 43532 01 43502 43503 43504 43505 44558 r 44547 178 44585 „43531. v 43525 r, 43552 43550 r 43540 44557 '44555 .e , ne lneti!s Co�g "f ,°009 Yakima Count GIS 12404 ,,12416 PROPERTY PHOTO PROPERTY INFORMATION 10131013500 rxwc ' 0!11705 CN ..� Parcel Address: 716.S 6TH ST, YAKIMA ,WA 98901 Parcel Owner(s): AZIZ AWAD Parcel Number: 19131943508 Parcel Size: 6900 Square Feet Property Use: 11 Single Unit � TAX AND ASSESSMENT INFORMATION G aµ m j 447 �t eYs Tt ;.x„x m Tax Code Area (TCA): 333 Tax Year: 2010 Improvement Value: $90900 Land Value: $18500 CurrentUse Value: $0 CurrentUseImprovement: $0 Provement: New Construction:$0 Total Assessed Value:$109400 , OVERLAY INFORMATION Zoning: B-2 Jurisdiction: Yakima (Urban Area Zoning Ordinance) Urban Growth Area: Yakima Future Landuse Designation: (LD) Low Density Residential (Yakima Urban Area Plan) FEMA: Not in floodplain (X) .. FIRM Panel Number: 53077C1051D LOCATION INFORMATION + Latitude:46° 35' 38.210" + Longitude: -120° 29' 41.012" Range:19 Township:13 Section:19 Narrative Description: RAINIER ADD: LOT 8 BLK 118 DISCLAIMER MAP AND PARCEL DATA ARE BELIEVED TO BE ACCURATE, BUT ACCURACY IS NOT GUARANTEED; THIS IS NOT A LEGAL DOCUMENT AND SHOULD NOT BE SUBSTITUTED FOR A TITLE SEARCH, APPRAISAL, SURVEY, FLOODPLAIN OR ZONING VERIFICATION DOC. INDEX #( http://www.yakimap.com/servlet/com.esri.esrimap.Esrimap?name=YakGISH&Cmd=PrintFriendl... 3/24/2010 JPrint Maal JClose Mapl 178 43521 , „ 43532 43531 43530 43470 43475 1?iSZ. • ,11560 09 Yakima Count GIS PROPERTY PHOTO PROPERTY INFORMATION Parcel Address: 507 E ADAMS ST, YAKIMA ,WA 98901 '19 31 . �rruw WI. :; � fi' 11 :. esT �. xr t . Ht :t (7 GF'8 ._ r, '`-, Parcel Owner(s): A & N A & N INVESTMENT & RENTAL PROPERTIES LLC \ Parcel Number: 19131943509 Parcel Size: 3400 Square Feet Property Use: 62 Service Personal TAX AND ASSESSMENT INFORMATION Tax Code Area (TCA): 333 Tax Year: 2010 Improvement Value: $100100 Land Value: $6150 CurrentUse Value: $0 CurrentUse Improvement: $0 New Construction:$0 Total Assessed Value:$106250 OVERLAY INFORMATION Zoning: B-2 Jurisdiction: Yakima (Urban Area Zoning Ordinance) Urban Growth Area: Yakima Future Landuse Designation: (LD) Low.Density Residential (Yakima Urban Area Plan) FEMA: Not in floodplain (X) FIRM Panel Number: 53077C1051D LOCATION INFORMATION + Latitude:46° 35' 37.720" + Longitude: -120° 29' 41.527" [Range:19 Township:13 Section:19 Narrative Description: RAINIER ADD: W'LY 68 FT OF LOT9 BLK 118 DISCLAIMER MAP AND PARCEL DATA ARE BELIEVED TO BE ACCURATE, BUT ACCURACY IS NOT GUARANTEED; THIS IS NOT A LEGAL DOCUMENT AND SHOULD NOT BE SUBSTITUTED FOR A TITLE SEARCH, APPRAISAL, SURVEY, FLOODPLAIN OR ZONING VERIFICATION DOC. INDEX http://www.yakimap.com/servlet/com.esri.esrimap.Esrimap?name=YakGISH&Cmd=PrintFriendl... 3/24/201 0 'Print Mapj jClose Marl 44521 4 502 ] 43503 ] 43504 64 43461 i 22 43512 %I .3561 43462_ . [ 3 41511 41480 43470 178 45.5 1': 1 ,• 435.0 43470 43478 0533 43532 43531 _f3S5Z�: '71A(^1PI(`,>+rA VR°I17f 12013 12012 , 1GN 12405 " 1tax3 0.1 0,° 018 2009 Yakima County GIS PROPERTY PHOTO PROPERTY INFORMATION rt ' °}. �a xktli�t 4 tads 7 Y } , Parcel Address: 718 S 6TH ST, ,WA Parcel Owner(s): A &N A & N INVESTMENT & RENTAL PROPERTIES LLC Parcel Number: 19131943510 Parcel Size: 3500 Square Feet Property Use: 54 Retail Food € { � P .4x , .. fir TAX AND ASSESSMENT INFORMATION Tax Code Area (TCA): 333 Tax Year: 2010 Improvement Value: $84200 Land Value: $10500 CurrentUse Value: $0 CurrentUse Improvement $0 New Construction:$0 Total Assessed Vatue:$94700 OVERLAY INFORMATION , Zoning: B-2 Jurisdiction: Yakima (Urban Area Zoning Ordinance) Urban Growth Area: Yakima Future Landuse Designation: (LD) Low Density Residential (Yakima Urban Area: Pian) FEMA: Not in floodplain (X) FIRM Panel Number: 53077C1051D LOCATION INFORMATION. + Latitude:46° 35' 37.720" I+ Longitude: -120° 29' 40.533" ___JRange:19 Township:13 Section:19 Narrative Description: RAINIER ADD: E'LY 70 FT OF LOT 9 BLK118 DISCLAIMER MAP AND PARCEL DATA ARE BELIEVED TO BE ACCURATE, BUT ACCURACY IS NOT GUARANTEED; THIS IS NOT A LEGAL DOCUMENT AND SHOULD NOT BE SUBSTITUTED FOR A TITLE SEARCH, APPRAISAL, SURVEY, FLOODPLAIN OR ZONING VERIFICATION DOC. INDEX # C http://www.yakimap.com/servlet/com.esri.esriinap.Esrimap?name=YakGI SH&Cmd=PrintFriendl... 3/24/2010 • AZIZ AWAD RZ#001-10, SEPA 006-10 EXHIBIT LIST CHAPTER H Public Comments DOC s}T: ��{DOCTIMENT�x x W� k '4�DATE" *� rn��r'��d J„'x ai t a , ! tF< 11-1 Comments received. from Torsten & Gladys Kiddoo 05/05/1.0 11-2 Comments & Photos received from Samuel Gipson 05/17/10 • • DATE: TO: FROM: SUBJECT: SITE ADDRESS: File Numbers: May 17, 2010 •City of Yakima Planning Division Samuel Gipson 713. South 6th Street Yakima WA, 98901-3610 Inadequate and unsafe flow of traffic 716 and 718 South 6th Street and 507 East Adams Street RZ#001-10 I speak for many of the homeowners on this block when I say we are Opposed to any new rezoning in regards to file number RZ#001-10. The owners of the business need to rectify the dangerous receiving and customer parking issues. A parking lot would allow these large trucks and store customers to safely pull off 6th Street and not be forced to back into traffic. It should be noted that there is a school zone very close to the stores cluster of traffic and activity. I have included aia pictures that give an example of how the view is vastly reduced for drivers and pedestrians alike. Two of the pictures show an accident near the corner. All of these pictures were taken the same day. The rest of the block should not be forced to be put in unsafe driving and pedestrian traffic due to the stores receiving and customer traffic. Please consider those that live and have invested in homes in this area. el fIjf( RECEIVED MAY 1 7 2olo clry oFAi PLANN4K1A14 •.„G • DOC. INDEX 0 RECEIVED MAY 1 7 2010 C/TY OF 1,4 t;'.}pr PLANNING DIV. 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