HomeMy WebLinkAbout08-31-16 YPC PacketFi13H, "III11
DEPARTMENT OF COMMUNITY DEVELOPMENT RECORD /FILE
Planning Division
AdPr Joan Davenport, AICP, Director
129 North Second Street, 2 Floor, Yakima, WA 98901
hing ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
SPECIAL MEETING/STUDY SESSION
City Hall Council Chambers
Wednesday August 31, 2016
3:00 p.m. - 5:00 p.m.
YPC Members:
Chairman Scott Clark, Vice -Chair Patricia Byers,
Al Rose, Bill Cook, Peter Marinace, Gavin Keefe, Tom Trepanier
Council Liaison: Avina Gutierrez
City Planning Staff:
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters
(Supervising Planner); Trevor Martin (Associate Planner); Eric Crowell (Assistant Planner);
Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant)
Atenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of August 24, 2016
VI. Workshop on Future Land Use & Request for Consideration Proposals
VII. Other Business
VIII. Adjourn
Next Meeting: September 14, 2016
2015
1994
City of Yakima Planning Commission (YPC) City Hall Council Chambers
Meeting Minutes of August 31, 2016
Call to Order
Chairman Scott Clark called the meeting to order at 3:00 p.m.
Roll Call
YPC Members Present: Chairman Scott Clark, Vice -Chair Patricia Byers, Al Rose,
Bill Cook, Tom Trepanier
YPC Members Absent: Gavin Keefe (excused), Peter Marinace (excused)
Staff Present: Joan Davenport, Planning Manager; Joseph Calhoun, Senior
Planner; Lisa Maxey, Department Assistant
Others: Sign -in sheet in file
Staff Announcements
Planning Manager Joan Davenport introduced Senior Planner Joseph Calhoun as the
newest staff member in the Planning Division.
Audience Participation
None noted.
A roval of Meeting Minutes of Auggst 241h, 2016
Commissioner Rose made a motion to approve the meeting minutes of August 24th, 2016.
The motion was seconded and carried unanimously.
Workshop on Future Land Use & Request for Consideration Proposals
Joan Davenport recapped the Planning Commission workshop on July 27th, 2016. She
then informed the Commission on the information provided in their packets and
presented a PowerPoint concerning suggested land use changes and considerations.
After some discussion, the Commission was favorable to consider regrouping the future
land use categories that are present on the current version of the future land use map.
Discussion ensued in reference to the 3 areas in Yakima in which BERK provided a
recommendation on implementing a different zoning and future land use designations.
Those areas included land north of the fairgrounds, the Washington Fruit & Produce
Packing Plant area, and the old Fruitvale drive-in site/area. The Commission was
favorable to consider changing the future land use designation of the area north of the
fairgrounds. The Commission suggested adding High -Density Residential to the new
Neighborhood Mixed -Use category. Staff and Commission began discussion on the
suggested future land use designation changes to the Washington Fruit & Produce
Packing Plant and the old Fruitvale drive-in site/ area.
Davenport went over the approval criteria for the request for consideration proposals.
Commissioner Cook pointed out that about half of the requests received concern areas
that are significantly less than an acre; thus, they may not warrant a change in future land
use designation through this particular plan update process. Chairman Clark also noted
this ratio in the request for consideration proposals and advocated that in some cases it
may be appropriate for the Commission to take the initiative to incorporate larger areas
into these proposals.
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Staff and Commission then discussed each request for consideration proposal. The
Commission had minimal comments on the following proposals and had consensus to
continue considering the following: Request D (Jay Glenn - 203 & 207 Oak St), Request I
(TM Rentals - 3804 W Logan Ave), Request K (Supercold Storage LLC -1415 River Rd),
Request O (Sozo Sports of Central WA - 2200 S 36th Ave,...), Request P (Gary Delaney -
1414 S 2nd Ave), and Request Q (Mark Hoffman - 3109 W Washington Ave).
The Commission had minimal comments on the following proposals and had consensus
to continue considering the following requests with the possibility of expanding them:
Request A (Marta de Ceja - 802 Wilson Ln), Request G (Jeff Baker - Vic. of 18th St & Nob
Hill Blvd), and Request J (Gail Buchanan - 408 S 88th Ave).
On Request B (Arturo Baeza - 815 N 16th Ave), discussion took place concerning subject
property being on an arterial street and regarding the character of the area. Audience
member Bill Beerman asked the Commission to take into consideration the current use of
the property. Commissioner Cook stated that caution should be taken when considering
changing the designation of an existing high-density residential area to another
designation, knowing the housing shortage dilemma in Yakima. The Commission had
consensus not to consider this request in the Comprehensive Plan 2040 Update.
On Request C (Chris Waddle/ BIA Datal Properties LLC -115 N 56th Ave), staff and the
Commission expressed concerns regarding driveway access and the amount of traffic
that may be generated depending on the future use. Commissioner Trepanier added that
the highest and best use for this property is not residential. The Commission had
consensus to consider this request and incorporate a larger area into the proposal.
On Request E (Glen Radke - 8910 Tieton Dr), Chairman Clark pointed out that this
request is worth considering based solely on the fact that the property is currently split -
zoned which is problematic for the property owner. Commissioner Cook and
Commissioner Rose stated that they would not like to consider this proposal at this time.
On Request F (Larry Brader - Vic. of Powerhouse Rd & Pecks Canyon), the Commission
discussed reviewing Table 4-1 Permitted Land Uses in the Municipal Code at a later time
to reevaluate what zoning districts mini -storages are allowed in, as the applicant had
indicated they may want to locate mini -storages on this property and thus would need
to change the zoning and future land use designation in order to do so.
On Request H (Jay Sentz - 4201 Summitview Ave), Chairman Clark saw benefit to this
proposal for future expansion of the Westpark shopping center. Commissioner Trepanier
added that members of the well-established neighborhood may not be favorable to an
expansion of this request. Commissioner Rose indicated that he is inclined to either
expand this request to include additional parcels or else cease considering the request.
Commissioner Byers and Commissioner Cook stated that they would not like to consider
this request.
On Request L (Jerry Hand - 1406 S Fair Ave & 909 LaFollette St), the Commission had
consensus to combine this request with Request A.
On Requests M & N (William & Linda Beerman - 419 S 16th Ave), Commissioner Rose
indicated that he is inclined to consider these request together. In contrast, Commissioner
-2-
Cook said he would like to separate these two requests and that he is favorable to Request
N. Chairman Clark stated that his favorable to continue considering these requests.
On the request submitted by Halverson Northwest in the vicinity of Nob Hill Blvd
between 64th Ave & 72nd Ave, Commissioner Cook requested that staff research why the
property is zoned the way it is currently. The Commission had consensus to continue
considering the proposal.
The Commission then took audience comments on the request for consideration
proposals. Chris Sentz informed the Commission that the applicant of Request C, Chris
Waddle, is now planning to include in his proposal a house to the south of the subject
property. Regarding Request D, Rick Glenn explained to the Commission the interest in
building more residential units on the subject property. Jeff Baker told the Commission
about the support he has received for his proposal (Request G) from neighboring
property owners. Bill Hordan also spoke to this request, providing background about the
previous zoning designations of this land. Bill Hordan explained the reasoning for
Request H and why many of the requests the Commission are reviewing are small, single
parcels. Chris Sentz commented further on the reason for this request and submitted to
the Commission some photos of the subject property. Bill Hordan commented that the
applicant of Request I would be favorable to a designation of Mixed Residential.
Regarding Request J, Bill Hordan informed the Commission that he can ask the property
owners of the two parcels below the subject property to submit letters indicating their
interest in being included in this request. Bill Hordan expanded on the reason for Request
K. Bill Beerman explained the reason for Request M and N, adding that he is favorable to
expanding them. He also mentioned that he would like the property owners in the
Historical Business District to be approached about the zoning of their property and the
city's intent to eliminate that zoning district. Regarding Request O, Dick Woodin of
Congdon Orchards explained the reason behind their addition to Sozo Sports' request.
Jeff Tuning described the reason for Request P.
Commissioner Cook mentioned that he would like to see an inventory of how much land
is in each zoning district in Yakima.
Other Business
Joan Davenport announced that continued discussion on future land use and the request
for consideration proposals will occur in September.
Adjourn
A motion to adjourn to September 14, 2016 was passed with unanimous vote. This
meeting adjt urned at 5:20 p.m.
i hof 10�I r /
Chairm n Scott Clan° � SWIR DIVII-1-Date
This n""ti,, , was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Department Assistant II
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City of Yakima Planning Commission
City Hall Council Chambers
Wednesday August 31, 2016
Beginning at 3:00 p.m.
Special Meeting/ Study Session
*PLEASE WRITE LEGIBLY'
mauer -ronse u— racceri re,groorn000 commersidi and mixed commersidi uses. i ne map category is necessary,. P-1- lialtall"Y 11 nu .urn ... cruy ..... .... .. u
what type of land use will be located around them. And, where to expect future services, and development based on the goals, policies and objectives of this Plan 2040
YAKIMA 2040
�OMPREIIENSIVE
PLAN UPDATE
Proposed Generalized
Future Land Use
egend
Central Business Core Commercial
Commercial Mixed Use
Industrial
Low Density Residential
Mixed Residential
Neighborhood Mixed Use
Regional Commercial
I Yakima City Limits
Urban Growth Area
Property Under Consideration
N
'A
0.5 1 1.5 Miles
Background
Yakima Planning Commission
Study Session August 31, 2016:
Requests for Consideration of Future Land Use
Change Requests
On July 27, 2016, the Planning Commission held a study session to review the suggested
changes to Future Land Use Map from area property owners. A total of 17 Requests were
submitted. The purpose of the August 31, 2016 study session is to review and discuss these
requests in order to determine if they meet the intent of a General Map Update (rather than a
property specific consideration). To help guide this review, please consider the following issues.
Approval Criteria:
1. Compatibility —the proposal needs to conform to the new locational criteria in the land
use designation descriptions and consider surrounding uses, land suitability and
infrastructure
2. Implementing Zone — is the desired zone one of the implementing zones of the land use
designation?
3. Stability and Predictability — is this a spot zone? Will it create instability with
surrounding lands?
4. Current and Projected Land Use Need — consider current and projected land use needs
(within immediate area and City as a whole) associated with the existing and proposed
land use designation. For example, if there are considerable vacant and underutilized
lands in the desired zone nearby and limited projected demands for the subject
use/zone while there is a greater projected need for the existing zone, then the subject
change may not be appropriate.
Summary of the Requests
A: Applicant: MARTA DE CEJA
Site Address: 802 Wilson Lane
Parcel(s): 19133041441; .56 acres
Request: Medium Density Residential/R-2 to Commercial for an Auto Body Shop
Staff Comment: This is a one lot request that would correct a non -conforming use. While it is directly
adjacent to property zoned General Commercial, the request does not create a more logical boundary or
consider a larger area. Considered by itself, it does not meet any of the Criteria referenced above.
Planning Commission Recommendation:
— 1 -
B. Applicant: ARTURO BAEZA
Site Address: 815 North 16`h Ave; .55 acres
Parcel(s): 18131332554
Request: High Density Residential/R-3 to Commercial for an Auto Sales
Staff Comment: This is a one lot request. While it is directly adjacent to an area that is zoned
Commercial and has a Future Land use of Commercial, the request does not create a more logical
boundary or consider a larger area. Considered by itself, it does not meet any of the Criteria referenced
above.
Planning Commission Recommendation:
C. Applicant: CHRIS WADDLE D/BIA DATAL PROPERTIES, LLC
Site Address: 115 N. 56th Ave
Parcel(s): 18132142537; .42 acres
Request: Low Density Residential/R-1 to Commercial for retail use
Staff Comment: This is a one lot request to change a single property at the intersection of two Arterial
Streets. The other three corners have commercial use. However, this quadrant is entirely occupied by
low density residential. A single parcel rezone to commercial would create a compatibility concern to
the adjoining properties. The Mixed Residential designation, however, may be appropriate for this site.
Planning Commission Recommendation:
D. Applicant: JAY L. GLENN
Site Address: 203 & 207 Oak Street
Parcel(s): 181313-11429, & -11427; .55 acres
Request: Industrial/M-1 to Multi family residential/Commercial for mini -storage
Staff Comment: Existing multi -family use has industrial zoning and is non -conforming. Proposal
for two lots would correct non -conformity and creates a logical boundary. However, an updated to the
permitted use chart allowing such mini -storage uses in the Industrial zone may be a better solution,
given the site's context (not on the arterial and bordered on three sides by Industrial lands).
Planning Commission Recommendation:
E. Applicant: GLEN A. RADKE
Site Address: 8910 Tieton Drive
Parcel(s): 18133021432; 7.07 acres
Request: Split zoning Medium Density Residential/R-2 and Neighborhood Commercial/B-2 request
to make the whole parcel Neighborhood Commercial/B-2
Staff Comment: There is approximately 16.8 acres zoned B-2 in this location. Most of the land zoned B-2
in this vicinity is currently vacant or in a rural, residential land use. The request would add 2.8 ac res to
the commercial node. There does not appear to be any justification to expand this commercial zone
closer to the neighborhood at this time since.
Planning Commission Recommendation:
Applicant: LARRY BRADER
Site Address: Vicinity of Powerhouse Rd & Pecks Canyon
Parcel(s): 18131033009; 2.38 acres
Request: Neighborhood Commercial/SCC to Industrial/M-1
Staff Comment: This land is currently vacant. It is adjacent to a multi- family residential land use and to a
retail shopping area designated as Neighborhood Commercial. Industrial land use would not be
compatible with the existing and planned land uses in the area.
Planning Commission Recommendation:
G. Applicant: JEFF BAKER
Site Address Vicinity of 18th Street and Nob Hill Blvd (Fairgrounds)
Parcel(s): Area Wide Request for approx. 68 parcels; 12.43 acres
Request: Regional Commercial/RD to General Commercial/GC
Staff Comment: This proposal would recognize the existing character of the many current commercial
and auto oriented businesses that are of an arterial commercial nature than the Regional Development
zone. Given the significant size of 12+ acres and number of parcels requesting this change (68 parcels)
this change should be considered.
Planning Commission Recommendation:
H. Applicant: JAY STENTZ
Site Address: 4201 Summitview Ave
Parcel(s): 18132224445; .27 acres
Request: Low Density Residential/R-1 to Commercial use
Staff Comment: This is a one lot land use change. It does not create a logical extension of the
commercial area and creates an inconsistent boundary/intrusion into an existing neighborhood. The
current use of the house (residence for ambulance response) was approved as a Class 3 use. The
commercial node, Westpark, is 100% occupied and located at the intersection of two very busy arterial
streets. Street access is challenged due to turning movements and high traffic volumes. Expansion of
Westpark may be appropriate with a larger proposal, not simply a one lot expansion.
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Planning Commission Recommendation:
I. Applicant: TM RENTALS
Site Address: 3804 West Logan Ave
Parcel(s): 181327-43492, -43493, -43494; 7.55 acres
Request: Low Density Residential/R-1 to Medium Density Residential
Staff Comment: This location was previously considered and rejected for a rezone/comp plan
amendment from low density residential to office/commercial use. A change to the Mixed Residential
designation may be more appropriate, given the context of the site between the R-1 zone and office
buildings in the General Commercial zone. However, the presence of a creek and floodplain along the
southern edge of the site would force the development to be placed towards W Logan Avenue and
directly across the streets from single family homes in the R-1 zone (creating a potential compatibility
challenge).
Planning Commission Recommendation:
J. Applicant: GAIL BUCHANAN
Site Address: 408S88 th Ave
Parcel(s): 18131934010; 1.78 acres
Request: Low Density Residential/R-1 to High Density ResidentiaV R-3
Staff Comment: This is a one parcel (1.78 acres) request to place high density residential in an area
currently designated for low density. This parcel by itself, however, is surrounded by R-1 zoned lands
and a change might be considered a spot zone. However, if integrated with the parcels to the south that
connect to Tieton Drive, the change to Mixed Residential may be appropriate. Single family residences
across the street (S 881h Ave) may present a compatibility challenge.
Planning Commission Recommendation:
K. Applicant: SUPERCOLD STORAGE, LLC
Site Address: 1415 River Rd
Parcel(s): 18131322010; 1.96 acres
Request: Regional Commercial/LCC to Industrial/M-1
Staff Comment: The proposed change would bring the site more into conformance with the
industrial character of the area.
Planning Commission Recommendation:
�4^'
L. Applicant: JERRY HAND
Site Address: 1406 S Fair Ave & 909 La Follette
Parcel(s): 191330-41485, & -41486; .33 acres
Request: Medium Density Residential/R-2 to Commercial use
Staff Comment: While the site is adjacent to, and across from S. Fair Avenue from the General
Commercial zone, it resides on a street (Lafollette) that is entirely residential and would intrusion into an
existing neighborhood and would not be consistent with the Criteria referenced above.
Planning Commission Recommendation:
M. Applicant: WILLIAM AND LINDA BEERMAN
Site Address: 4195.16 th Ave
Parcel(s): 18132433509; .14 acres
Request: Low Density Residential/R-1 to Neighborhood Commercial/B-2
Staff Comment: While the site is adjacent to an existing business in the HB zone, the extension of non-
residential zoning into the surrounding residential context would create more instability with
surrounding lands and would not be consistent with the Criteria referenced above.
Planning Commission Recommendation:
N. Applicant: WILLIAM AND LINDA BEERMAN
Site Address: 1513 Tieton Drive & 421 S 16th Ave
Parcel(s): 181324-33510, & -33511; .28 acres
Request: Low Density Residential/HB to Neighborhood Commercial/8-2
Staff Comment: The change of this HB zoned site to Neighborhood Mixed -Use would be
consistent with neighborhood and comprehensive plan policies.
Planning Commission Recommendation:
O. Applicant: SOZO SPORTS OF CENTRAL WASHINGTON
Site Address: 2200 S 36th Ave, 4201 Sorenson Rd, 4501 Sorenson Rd, 4601 Sorenson Rd,
4701 Sorenson Rd, 4209 Sorenson Rd.
Parcel(s): Area Wide Request for 8 parcels; 77.57 acres
Request: Two parcels from Industrial/M-1 and five parcels from Low Density
Residential/SR to Commercial use and parks for the proposed SOZO sports complex
"'5^'
Staff Comment: parks are permitted in the underlying zoning of both M-1 and SR zones. Flexibility is
requested by applicant to support related uses in vicinity. This is a policy decision, but staff could
support the request. Notable issues associated with the change include improved transportation access
to the site and compatibility with surrounding uses.
Additional request by Congdon Properties to include commercial designation to additional properties
(181334-44001 and 181334-42002
Planning Commission Recommendation:
P. Applicant: GARY DELANEY
Site Address: 1414 S. 2nd Ave.
Parcel(s): 191330-33022; .11 acres
Request: Medium Density Residential/R-2 to Commercial/SCC
Staff Comment: This one lot request of vacant land to Commercial Mixed -Use would not be
consistent with the Criteria referenced above — as it would create more instability with adjacent
residential zoned lands.
Planning Commission Recommendation:
Q. Applicant: MARK HOFFMANN
Site Address: 3109 W. Washington Ave.
Parcel(s): 181335-22015; 2.14 acres
Request: Industrial/M-1 to Low Density Residential/R-1
Staff Comment: in or near Airport Approach zone where new residential would not be allowed. While
the current use of the site is residential, it is surrounded on three sides by industrial uses and requires
access through industrial lands. The proposal is not consistent with the Criteria referenced above
Planning Commission Recommendation:
-6-
FORTWII'�
R ECOR, 1) / F1 L E, 8/31/2016
City of Yakima Comprehensive Plan Update
Suggested Land Use Changes
'F*69AW-0- IT144114
Planning Commission Meeting e August 31, 2016
1
Future
Combine & Rename the following esi neo ns
Yakima Future Land Use
L.d1NW k:M:*AR�SBC ' I��$e.'.alQSC„pdQi<Ai
kmedun Densfty ReskiHiftal
Mixed Residential
F'ua LB syVnnW Office
Neighborhood Mixed -Use
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Qaassnenaa:��itl
9� ��' ✓v.A'llNVAI'ttli�%'NdD?d' P,:!�VADR'UW"GICN,39
Commercial Mixed -Use
CA,,,ner,A a;nanmuwroal
Rn:.9i(wM C(muneTdW
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D.ENK IldCa`AR IFI...00tl.:D PLAN. 4� eve sed 61 YDiPO9
pp
III. "MAakCP DAA I..UfA'.I! .AN AREA
Y AKIIMA4 CITY 4_11%MUS
8/31/2016
3
Why?
• Current designations nearly mirror
zoning—which creates need for
frequent plan amendments
• Consolidation allows greater
flexibility along with opportunity to
refine designation purpose &
implementing zoning direction
• Update names to place greater
emphasis on mixed-use
4
2
Proposed ILand Use Designation Table
Provides greater clarity on the
purpose of each designation
-Includes locational criteria
(critical in evaluating future land use designation changes)
ID implementing zone(s)
Provide direction on principle uses
and density (enough information to provide
guidance but not too much that limit flexibility)
.
L,., J, �,w
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%
11W NOW
57
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)MORF11 3 EN S11 VE'
PIAN I PDATE
8/30/2016
3
%
. . ................
)MORF11 3 EN S11 VE'
PIAN I PDATE
8/30/2016
3
MUM ,,,J N [
AREA
Change from GC to
Regional Mixed Use and
Mixed -Residential
Change from GC to
Regional Mixed -Use,
rr.
%% x m"er-
'1
1i1�N
Why?
• Regional Mixed -Use designation is more appropriate
for highly visible interchange/gateway sites such as
area north of Kiwanis Park
• South of Kiwanis Park — GC is a poor match for the
established residential area with small lots. Area has
poor visibility ill suited to commercial and hasn't
resulted in economic growth since rezone. GC may
also be discouraging investment in existing residential
properties. Mixed Residential is a better match given
current use and allows for much needed multifamily
redevelopment, where desired/possible.
8/30/2016
0
8/30/2016
5
Why?
Current Regional Commercial designation is ill suited to current use and though it is adjacent to
other RC designated land, it is surrounded by Industrial lands, has poor visibility, and would
require a significant amount of infrastructure and context changes that appear unlikely to happen
soon (Mill site is a much better candidate with better visibility, site availability and momentum)
u
ILD FRUITVALE I III [T -
Redesignate Neighborhood Mixed -Use
Re -designate to Neighborhood
Mixed -Use — which brings
existing residential properties
into conformance — but still
allows some mix of uses — but
not industrial and storage types
of uses.
8/30/2016
M
8/30/2016
Old Firuii-wale Dirive-In Site/Area ncluion
Conversations with property owners in area would be helpful
Consider design standards to address property edges (along streets
and adjacent residential development
Make area a high priority for new sidewalks and street connectivity
improvements
IE
8/30/2016
Evaluation Griteria
1... Compatibility/Suitability
• Consider surrounding uses, land suitability & infrastructure
. Implementing Zone
• Is the desired zone one of the implementing zones of the land use designation?
m Stability & Predictability
• Is this a spot zone? Will it create instability with surrounding lands?
4. Current & Projected Land Use Need
• Consider local and citywide needs for current & proposed zones
17
8/30/2016
9
WESTPARK SHOPPING CENTER
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�1 v r 'Cx&Pm WA 90908 preliminary
o architects
i
Dear Joan:
I believe Dick Woodin has either called or met with you (perhaps both) concerning a
mapping anomaly he pointed out to me in the attached, draft Future Land Use map
prepared in connection with the City of Yakima's Comprehensive Plan Updating process.
Anyway, based upon that discussion, he indicated that apparently the Future Land Use
designations on the Congdon property along the West Nob Hill Blvd and S. 64th Avenue
axis have been portrayed the way they are in the draft Future Land Use map for some
time. In any event, you'll see from the enclosed maps, the zoning on Congdon parcels
achieved following the land use litigation with Neighbors for Responsive Development,
and then with the reclassification of zoning districts (e.g., discarding CBDS in favor of GC
in some areas, etc.), that the current zoning map is still generally consistent with the
vested zoning on the Congdon property. However, the Future Land Use map has colors
that don't line up with the zoning. For example, on parcels 181329-13406, -14401, -14400
Northwest of 64th and Nob Hill Blvd, the Future Land Use Map colors the northern two-
thirds of the rectangular portions of those parcels as High Density Residential, but those
parcels weren't split -zoned with residential zoning. And then northeast of 64th and Nob
Hill Blvd the High Density Residential depictions are also two-thirds of the northern portion
of those parcels, where the zoning which was achieved split them down the middle, High
Density Residential on the north half, CDBS Zoning (general commercial future land use)
on the southern half. In addition, south of Nob Hill Blvd. and west and east of 64th Avenue,
the zoning before encountering R-3 on the west and R-2 zoning on the east, was CBDS
for what is the Wal-Mart/Walgreen's property and east of 64th, CBDS or Small
Convenience Center zoning. The Future Land Use map places a blue "neighborhood
commercial" rectangle east and west across 64th Avenue below the mid point of parcels
181329-41401, -41402, extending that east across 64th Avenue and essentially splitting
the land use characterization for parcels 181328-32400, -31401, -31402, -12402, -32401
between neighborhood commercial and general commercial, and then for the west half
of parcel 181333-12001, the Future Land Use map changes that from small convenience
center to medium density residential, again inconsistent with the zoning.
1A Z ATN1 1Ii
HALVERSON U NORTHWEST LAW GROUP P.C.
Yakima Office: 405 E. Lincoln Avenue I PO Box 22550 1 Yakima, WA 98907 I P) 509.248.6030 f) 509.453.688o
Sunnyside Office: 9io Franklin Avenue, Suite i I PO Box 210 1 Sunnyside, WA 98944 1 P) 509.837.5302 10 509.837.2465
F O I:'VIII III I Er
RECORD OR.D / 1`11 E
HALVERSON
NORTHWESTAlan
Raymond G. Alexander
D. Campbell+
L.... AW': III".1
J. Jay Carroll
Paul C. Dempsey—
James S. Elliott
Robert N. Faber
Mark E. Fickes
August 31, 2016
Carter L. Fjeld
Brett N. Goodman
Frederick N. Halverson+
Kellen J. Holgate
Lawrence E. Martin"
Joan Davenport, AICP
Jonathan Rue"
Planning Manager
Terry C„ Schmalz+
Linda A. Sellers
Cit of Yakima
Y
Michael F. Shinn
129 N. 2nd Street, 2"d Floor
Juliana Van Wingerden
Stephen R,Winfree+
Yakima, WA 98901
Also OR Bar Member
Also State Bar of CA Member
+Of Counsel
Re: Future Land Use Map
Dear Joan:
I believe Dick Woodin has either called or met with you (perhaps both) concerning a
mapping anomaly he pointed out to me in the attached, draft Future Land Use map
prepared in connection with the City of Yakima's Comprehensive Plan Updating process.
Anyway, based upon that discussion, he indicated that apparently the Future Land Use
designations on the Congdon property along the West Nob Hill Blvd and S. 64th Avenue
axis have been portrayed the way they are in the draft Future Land Use map for some
time. In any event, you'll see from the enclosed maps, the zoning on Congdon parcels
achieved following the land use litigation with Neighbors for Responsive Development,
and then with the reclassification of zoning districts (e.g., discarding CBDS in favor of GC
in some areas, etc.), that the current zoning map is still generally consistent with the
vested zoning on the Congdon property. However, the Future Land Use map has colors
that don't line up with the zoning. For example, on parcels 181329-13406, -14401, -14400
Northwest of 64th and Nob Hill Blvd, the Future Land Use Map colors the northern two-
thirds of the rectangular portions of those parcels as High Density Residential, but those
parcels weren't split -zoned with residential zoning. And then northeast of 64th and Nob
Hill Blvd the High Density Residential depictions are also two-thirds of the northern portion
of those parcels, where the zoning which was achieved split them down the middle, High
Density Residential on the north half, CDBS Zoning (general commercial future land use)
on the southern half. In addition, south of Nob Hill Blvd. and west and east of 64th Avenue,
the zoning before encountering R-3 on the west and R-2 zoning on the east, was CBDS
for what is the Wal-Mart/Walgreen's property and east of 64th, CBDS or Small
Convenience Center zoning. The Future Land Use map places a blue "neighborhood
commercial" rectangle east and west across 64th Avenue below the mid point of parcels
181329-41401, -41402, extending that east across 64th Avenue and essentially splitting
the land use characterization for parcels 181328-32400, -31401, -31402, -12402, -32401
between neighborhood commercial and general commercial, and then for the west half
of parcel 181333-12001, the Future Land Use map changes that from small convenience
center to medium density residential, again inconsistent with the zoning.
1A Z ATN1 1Ii
HALVERSON U NORTHWEST LAW GROUP P.C.
Yakima Office: 405 E. Lincoln Avenue I PO Box 22550 1 Yakima, WA 98907 I P) 509.248.6030 f) 509.453.688o
Sunnyside Office: 9io Franklin Avenue, Suite i I PO Box 210 1 Sunnyside, WA 98944 1 P) 509.837.5302 10 509.837.2465
August 31, 2016
Page 2
There is a portion of parcel 181333-12001, which is zoned industrial but which is drawn
on the Future Land Use map as medium density residential, which is probably fine, but it
does represent a departure from the zoning and we're not sure whether that was
intentional or not on the part of the Planners.
In any event, it is probably time, in the current comp plan process, to reconcile the Future
Land Use Map with the zoning designations which Congdon is vested to and were
acquired through the Development Agreement and the litigation with Neighbors for
Responsible Development. My guess is that none of this was intentional, that the wrong
color simply got drawn in and that with Dick Woodin's catch, now is the time to make
corrections so as to avoid any confusion in the future to make the Future Land Use map
consistent with the zoning.
If you need something more formal from us, please let us know. If we need to present
these views to the Planning Commission we are happy to do so. Feel free to contact
either myself or Dick Woodin at your convenience to discuss further.
With Kindest Regards,
Halverson I Northwest Law Gro+u
Michael F. Shinn
°'S/jlf
closures
Dick Woodin
G:\HACONFLICTEDNMFS\CONGDON DEVELOPMENT CO-18353\Ltr to Joan Davenport 8 30,16,docx
Iwrl^17
LEGEND
CBDS CENTRAL BUS, DIST. SUPPORT
SCC SMALL CONVENIENCE CENTER
M-1 LIGHT INDUSTRIAL
R-2 TWO FAMILY RESIDENTIAL
€s
R-3 MULTI—FAMILY RESIDENTIAL
Z
PARCEL ZONING
x
C9DS scc Mit R-2 R-3
181329-13406 181328-32402 181333-23001 181333-12001 181328-13421
181329-14401 181328-32401 181333-12001 181328-34001 181328-23404 r
181329-14400 181328-33002 181328-43402 181328-23403 L
181328-23404 181328-42401 181328-24401 z
181328-23403 181328-43400 181328-24400 p
181328-24401 181328-31402 °V
181328-24400 181329-44001
181329-41401 181332-11001
1 81 32 9- 41 402 c�
181328-32400 Z
r=
181328-31401 tn
181328-42401 Li
X
NOD HILL BOULEVARD
NEST WASHINGTON AVENUE
RECEIVE®
JAN 10 2002
CITY OF YAKIMA
PLANNING DIV.
CONGDON ORCHARDS
PROPOSED