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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. -1- 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 -3- NIFN M, a lalkIllNI I ka � � niun � 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. -3- 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 N�4uB�r,DkCyr��+,1 w� 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 IndurWai %,ys"���'V in=ata0.naTiazrry-nfl 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 ,r ........ .... % 11W NOW 57 L,., J, �,w )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 � atnra y �wnm�mn�,w9 �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