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HomeMy WebLinkAbout12/07/2015 02 Rezone of Property at South 38th Ave & West Logan AveBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 2. For Meeting of. December 7, 2015 ITEM TITLE: Public hearing and resolution to consider the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by TM Rentals (CPA #005 - 15, RZ #005 -15) changing the classification of the property located in the vicinity of S. 38th Ave & W. Logan Ave SUBMITTED BY: Joan Davenport, AICP, Community Development Director Jeff Peters, Supervising Planner (509) 575 -6163 SUMMARY EXPLANATION: On April 29, 2015, TM Rentals LCC, submitted an application requesting that the classification of the properties located in the vicinity of S. 38th Ave. and W. LoganAve. (Tax Parcel Numbers: 181327 - 43493, 181327 - 43492, and 181327 - 43494) be changed from Low Density Residential (Future Land Use) and Single - Family (R -1) (Zoning) to Professional Office (Future Land Use) and Professional Business (B -1) (Zoning) through the City's Comprehensive Plan Map Amendment and Rezone process. On November 10, 2015, the City of Yakima Planning Commission held an open record public hearing on the proposed applications and after taking public testimony recommended denial of both applications to the Yakima City Council. Therefore, the Yakima City Council is now being asked to hold an open record public hearing on the Planning Commission's recommendation on the Comprehensive Plan Map Amendment application, and a separate public meeting to consider the Planning Commission's Rezone recommendation. (The complete record is on file in the City Clerk's Office and on -line at: http: / /www.yakimawa.gov /services /planning/ under Quick Links). Resolution: X Other (Specify): Contract: Start Date: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Ordinance: Contract Term: End Date: Amount: Improve the Built Environment RECOMMENDATION: The City of Yakima Planning Commission recommended denial of both Comprehensive Plan Map Amendment CPA#005-15 and Rezone RZ#005-15 on November 10, 2015. ATTACHMENTS: Description D Prornsed R()SdLJhon C.)FIA005 15 D Exlhilbi� A 1/If C 11:::Iiindings & Ra.xmirrendaficr D Exlhilbi� IB 11 e.gal 1..1?.s(.,,djpflbr1 D Malps TIM Ren�als D Cbrnjple e Recor'd lis Online Upload Date Type 11/2.4/2015 R()SOILAlion 11/2.4/2015 Exlhilbi� 11/2.4/2015 Exlhilbi� 12.12.12015 Bac,11WIP Ma�erial 11/20/2015 Bac,11WIP IMa elriall RESOLUTION NO. R -2015 A RESOLUTION concerning land use regulation and comprehensive planning and consideration of an amendment to change the Future Land Use and Zoning Maps of the City of Yakima as follows: changing the classification of the properties located in the vicinity of S. 38th Ave. and W. Logan Ave., Assessor's Tax Parcel Numbers: 181327 - 43493, 181327 -43492 and 181327 - 43494, from Low Density Residential (Future Land Use) and Single - Family (R -1) (Zoning) to Professional Office (Future Land Use) and Professional Business (B -1) (Zoning); WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare long -range comprehensive plans pursuant to Ch. 36.70A RCW and related laws and regulations; and WHEREAS, RCW § 36.70A.130 provides for continuing review and evaluation of comprehensive plans and development regulations at least every five years and for the revision or amendments to such plans not more than once a year but at least once every five years, with certain exceptions; and WHEREAS, RCW § 36.70A.470 requires that counties and cities planning under RCW § 36.70A.040 include in their development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest comprehensive plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW § 36.70A.130; and WHEREAS, on March 16, 2004, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, TM Rentals LCC, submitted an application requesting that the classification of the properties legally described in Exhibit "B" and located in the vicinity of S. 38th Ave. and W. Logan Ave. Tax Parcel Numbers: 181327 - 43493, 181327 - 43492, and 181327 - 43494) be changed from Low Density Residential (Future Land Use) and Single - Family (R -1) (Zoning) to Professional Office (Future Land Use) and Professional Business (B- 1) (Zoning) through amendment of the City Comprehensive Plan Map Amendment and Rezone process (hereinafter "CPA #005 -15 ", and RZ #005 -15); and WHEREAS, pursuant to YMC § 16.10.030, the SEPA Administrative Official issued a Determination of Nonsignificance for this Future Land Use Map Amendment and concurrent rezone in accordance with WAC 197 -11 -355, as required under the State Environmental Policy Act; and WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearings to review and consider the requested comprehensive plan amendments and concurrent rezones; and WHEREAS, pursuant to YMC § 16.10.080 and the approval criteria set forth in YMC §§ 16.10.040, and 15.23.030(D) the Yakima Planning Commission made a recommendation to the City Council that the requested Comprehensive Plan amendment and concurrent Rezone described above be denied; and WHEREAS, the City Council finds that the findings of the Yakima Planning Commission set forth in Exhibit "A ", and the recommendations in response to the requirements of the Yakima Municipal Code ( "YMC ") §§ 16.10.040, and 15.23.030(D) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, pursuant to YMC § 16.10.090, on December 7, 2015, a public hearing regarding the requested Comprehensive Plan Amendment and concurrent rezone described above was held before a meeting of the City Council; and WHEREAS, it is in the best interest of the City to enact the following and to deny the requested Comprehensive Plan Amendment and concurrent Rezone described above, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council adopts the November 10, 2015, findings, conclusions and recommendations of the Yakima Planning Commission as its own, and hereby denies CPA #005 -15 & RZ #005 -15 A copy of said recommendation is attached as Exhibit "A" and is incorporated herein by this reference. ADOPTED BY THE CITY COUNCIL this 7th day of December 2015. Micah Cawley, Mayor ATTEST: City Clerk COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Exhibit 129 North Second Street, 2nd Floor Yakima, Was inglon 98901 Phone (509) 575 -6183 • Fax (509) 575 -6105 mk.plannii,tg@yakimawa.gov • help ✓ /www.yakimawa.gov /services /planning/ YAKIMA PLANNING COMMISSION RECOMMENDATIONS TO THE YAKIMA CITY COUNCIL FOR THE 2015 COMPREHENSIVE PLAN MAP AMENDMENTS AND REZONES November 10, 2015 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in March 2015; and WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by citizens, property owners and /or focal government; and WHEREAS For the 2015 amendment review process, the Department of Community Development received nine applications for consideration for amendments to the Comprehensive Plan's Future Land Use Map and nine concurrent rezones to the YMC Title 15 Yakima Urban Area Zoning Ordinance; and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is responsible for the review of these applications and for recommending the approval, modification or denial of each request; and WHEREAS The Yakima Planning Commission held study sessions to review the Comprehensive Plan Amendments (CPA) and Zoning map amendments on July 27, 2015, August 3, 2015, and August 17, 2015 and the open record public hearings were held on October 27, 28, and 29, 2015; and WHEREAS All required public notice of these applications was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and WHEREAS Each CPA was considered for Environmental Review (SEPA), with a DNS issued for four proposals on June 30, 2015, and for the remaining five proposals on July 1, 2015, with Yakima 111,11 Code Administration (509) 575 -6126 • Planning (509) 575 -6183 -Office of Neighborhood & Development Services (509) 575 -6107 the respective 14 -day appeal periods ending on either July 14, 2015 or July 15, 2015. No appeals were received; and WHEREAS The recommendations for these nine Future Land Use Map amendments, and text amendment are based upon the criteria specified in YMC 16.10.040; and WHEREAS The recommendations for the nine concurrent rezones are based upon the criteria specified in YMC Subsection 15.23.030(E); and WHEREAS The Yakima Planning Commission concluded its consideration of eight applications on October 27, October 28, and October 29, 2015. Continued public hearing on proposal by applicant "What the Hay" (File numbers CPA #004 -15 and RZ #004 -15), was scheduled for November 16, 2015. Now therefore, the Yakima City Planning Commission presents the following findings and recommendations of DENIAL, for 2 of 9 proposals, to the Yakima City Council: FILE NUMBER: CPA # 005 -15, RZ #005 -15 APPLICANT: TM Rentals LOCATION: Vicinity of South 40th Avenue & Logan Avenue PARCEL NOS: 181327 - 43492, - 43493, and -43494 The City of Yakima Planning Division provided a detailed staff report to the Planning Commission for review during their October 28, 2015 public hearing, with the recommendation of APPROVAL of the proposed amendment. However, based upon a view of the site, the information contained in the application, the revised proposal, exhibits, testimony and other evidence presented at an open record public hearing held on October 28, 2015; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The applicant requests a change in the Future Land Use Map designation from Low Density Residential to Professional Office and a concurrent Rezone from Single - Family Residential (R -1) to Professional Business (B -1). 2015 Yakima Planning Commission Comprehensive Plan Amendment Findings and Recommendations The subject property includes three tax parcels located in the vicinity of West Logan Avenue, between South 40th and South 38th Avenues. On August 26, 2015, the applicant amended their application to include a 100 -foot buffer of property located along W. Logan Ave with a Comprehensive Plan designation of Low Density Residential, and zoning of Single - Family Residential (R -1) to buffer the existing neighborhood from the proposed professional office designation. After reviewing the revised proposal, receiving substantial written comments, and taking public testimony during their July 27, 2015 study session, and October 28, 2015 public hearing, the Yakima Planning Commission determined that the revised proposal does not meet the criteria of YMC 16.10.040 or YMC 15.23.030 required to support the alteration of the Future Land Use Map or zoning map of the City of Yakima for the following reasons: a) The amendment proposal is not in line with the character of the neighborhood, specifically, the character of the Professional Office Comprehensive Plan designation, and Professional Business (B -1) zoning district is not compatible with the surrounding Low Density Single - Family Residential neighborhood; b) There is uncertainty of the impacts of the proposal on the existing critical area features that is existing on the southern boundary of the site; c) It was understood by the neighborhood, and previous planning efforts, that the creek would act as a boundary to commercial development, to limit the encroachment of the commercial development into the residential neighborhood; d) Surrounding existing properties have enough vacancies to support additional commercial uses, and there has been no sufficient indication showing that establishment of B -1 zoning of this property will outweigh the need to preserve compatibility with the surrounding neighborhood; e) Due to the non - project nature of these applications, it is uncertain if the future development of the property will have significant adverse impacts or consequences. For example, the potential traffic impacts on the unimproved residential roads of the adjacent neighborhood; and f) The non - project nature of the application does not provide enough certainty that the City of Yakima's development regulations will adequately provide for all public facilities such as roads and appropriate driveway locations, so as to not impact the surrounding neighborhood. YAKIMA PLANNING COMMISSION'S CONCLUSIONS 1. The Comprehensive Plan and Rezone applications are minor in nature. 2. Adverse impacts have been identified and are included in the above Findings. 3. Substantial written comments or testimony were received in opposition to the application. 4. The Professional Office Comprehensive Plan designation does not better implement the goals and policies of the Comprehensive given the neighborhood's residential nature. 2015 Yakima Planning Commission Comprehensive Plan Amendment Findings and Recommendations 5. The public need for increased Professional Office land use designations, and Professional Business zoning, is outweighed by public testimony in opposition to these applications. 6. The non - project nature of these applications do not provide enough certainty that the City of Yakima's development regulations will adequately provide for all public facilities such as roads and appropriate driveway locations, so as to not impact the surrounding neighborhood. MOTION Based upon the analysis, findings and conclusions outlined above, on October 28, 2015, it was moved and seconded that the Yakima Planning Commission recommend DENIAL of the Comprehensive Plan Amendment request from Low Density Residential to Professional Office and DENIAL of the Rezone request from Single - Family (R -1) to Professional Business (B -1). The motion carried by a vote of 3 -2. FILE NUMBER: CPA # 008 -15, RZ #008 -15 APPLICANT: Chelminar Association, Inc. LOCATION: Vicinity of Chestnut Avenue South 461h Avenue PARCEL NOS: 181312- 33473, -33474 Based upon a view of the site, the information contained in the application, staff report, exhibits, testimony and other evidence presented at an open record public hearing held on October 29, 2015; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The applicant requests to change the Future Land Use Map designation for two tax parcels from Low Density Residential to Professional Office and the zoning district designation from Single - Family Residential (R -1) to Professional Business (B -1). The subject properties contain an existing building presently occupied by a fraternal organization, and is located at 206 S. 48th Ave., Yakima, WA. City Staff provided a report which identified that the subject applications meet all eight criteria for approval for both a Comprehensive Plan Amendment Application, and concurrent Rezone including but not limited to: The requested change in land use designation from Low Density to Professional Office is consistent with the Yakima Urban Area Comprehensive Plan by meeting many of the goals, objectives and policies of the Plan set forth in the General Development, Public Services, Land Use, Transportation, and Utilities Elements of the Comprehensive Plan. 2015 Yakima Planning Commission Comprehensive Plan Amendment Findings and Recommendations 1. This proposal will bring the zoning designation into conformance with the future uses envisioned by the applicant. 2. All required public utilities (sewer, water, irrigation, street lighting and fire hydrants) are presently available to the property. 3. The request is minor in nature, and does not appear to present any adverse consequences for adjacent jurisdictions or service providers. Because of the small land area involved, there are no regionally significant issues related to the request; consequently, this request will not significantly contribute to the cumulative impacts of other Comprehensive Plan amendments. 4. This proposal meets the County -wide Planning Policies and intent of the Growth Management Act because it will allow for better compatibility and consistency with adjacent properties, directs infill within the city limits, and it fulfills a public need for additional Professional Office space. After reviewing the revised proposal, receiving substantial written comments, and taking public testimony during their October 29, 2015 public hearing, the Yakima Planning Commission determined that the proposal does not meet the criteria of YMC 16.10.040 or YMC 15.23.030 required to support the alteration of the Future Land Use Map or zoning map of the City of Yakima for the following reasons: 1. A large amount of public testimony was received in opposition to the proposed requests indicating that the professional business zoning district was not in character with the surrounding R -1 zoning district; 2. It was found that redevelopment of the subject properties into an office complex would render the site out of character with the surrounding residential neighborhood; 3. The proposal does not meet Comprehensive Plan goals and policies 3.6.1, 3.6.3, 3.6.5, and 3.6.3; and 4. The proposed Comprehensive Plan and Rezone change of .42 acres of property does little to change the total amount of available Professional Office designation, and Professional Business zoning available for development within the City. YAKIMA PLANNING COMMISSION'S CONCLUSIONS 1. The Comprehensive Plan and Rezone applications are minor in nature. 2. Adverse impacts have been identified by these applications, and are included in the above Findings. 3. Substantial written comments or testimony was received in opposition to the applications. 4. The Professional Office Comprehensive Plan designation does not better implement the goals and policies of the Comprehensive given the neighborhoods residential nature. 2015 Yakima Planning Commission Comprehensive Plan Amendment Findings and Recommendations 5. The site is surrounded by Single - Family (R -1) and at the intersection of two local access streets which is inappropriate for professional office. 6. The public need for increased Professional Office land use designations, and Professional Business zoning, is outweighed by public testimony in opposition to these application. 7. Given the small size of the subject properties, the proposed Comprehensive Plan designation of Professional Office and Professional Business zoning district are not compatible with the surrounding neighborhood, and allowed uses within the Professional Business zoning district. MOTION Based upon the analysis, findings and conclusions outlined above, on October 29, 2015, it was moved and seconded that the Yakima Planning Commission recommend DENIAL of the Comprehensive Plan Amendment request from Low Density Residential to Professional Office and DENIAL of the Rezone request from Single - Family (R -1) to Professional Business (B -1). The motion carried by unanimous vote. Having made the above Findings of Fact and Conclusions, and after consideration of the cumulative impact of all nine proposals, the Planning Commission hereby renders its RECOMMENDATION TO CITY COUNCIL The Planning Commission of the City of Yakima, having received and considered all evidence and testimony presented at public hearing, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima DENY the two Comprehensive Plan Amendment (File No. CPA #005 -15, CPA #008 -15) and concurrent rezones (RZ #005 -15, RZ #008 -15). RECOMMENDED and signed this 10th day of November, 2015. By. Scott Clark, Vice Chairman for the Yakima Planning Commission 2015 Yakima Planning Commission Comprehensive Plan Amendment Findings and Recommendations EXHIBIT "B" LEGAL DESCRIPTION CPA #005 -15 and RZ #005 -15 TM Rentals Tax Parcel Number: 181327 -43493 Section 27 Township 13 Range 18: LOT - 2 SP 96 -81 ALSO W 132 FT OF N 1/2 LOT 12 PADDACK GARDEN LOTS (A -56); EX N 100 FT Tax Parcel Number: 181327 -43492 SP 96 -81: LOT 1 Tax Parcel Number: 181327 -43494 PADDAACK GARDEN LOTS: W 165 FT OF TR 13 EX W 50 FT OF S 332.5 FT EX TH PT LY S OF WIDE HOLLOW CK EX W 35 FT CO RD R/W n Dm if } � YAKIMA COUNTY GEOGRAPHIC INFORMATION SERVICES S M ` 1- ` — GarolAve Existing Zoning 1n r Marquis —W-Viola-Ave r Vla w] _ SCC Small Convenience Center ■� �� I I .. 7 �Subj io Z on in g m FIMMI■11 City of Yakima Zoning ._ ■ Q A � M°L ean•Or , LcLEaj r — Suburban e Family Residential ■ 7 Su Ave R -1 Single Fami c 1 s f 7 @ : ?A 4111 - R -2 Two Family Q I=1 B-1 Mufti- Family a B -1 Protessional Business ■ 1111 B -2 Local Business t �$ AlEe Ll] FIB Historical Business i'$t p�.� Z +'r eg yr Et�regflry Av — MD LCD Large Convenience Center CBD Central Business Distract J MI CBD Support _ +n W g ve GC General Commercial � , ® M -1 Light Industrial �� - I .— .= R Regional Industrial RD D Regional Development _ AS Airport Support 0. \ ly .L O Parcels t lO9 aq.Ln 4 — All RRoads m I ■`T Logan Ave — a� pL OF APR, �� .. . 1 )' t� Parcel Lot lines are for visual display i] - only. Do not use for legal purposes, a N - O r 1 inch = 300 feet () Al Feet , 0 0 50 100 200 300 400 % ti ' N 7 fYP , p c., � � �,, A ii: yright 2014 Yakima County ann t c cep Sre onsw 0rty for a ny er r se I Then fore there are no wa annel acre tell[ for is II pt responsibility any errors C see ksiae' 4warranties for this product Date: 41291201 \ i _ t FIn lon•Wy -� r I I ! a YAKIMA COUNTY ED S r GEOGRAPHIC INFORMATION SERVICES M N� k.. � ` f �Garo!-Av Proposed Zoning r _ • f i I Marquis IN-Viola-Ave — Vola / 1 Gt ,e ll — m r ME EMI � CO � II Properties City of Yakima Zoning ' min Mci can Or Mthean= SR Suburban Residential ▪ ■ 4 l� R -1 Si Family ■ @�A � � r - R -2 Two Family I I I I Susan R de N ■ J ¢ rD M. R-3 Multi-Family B -1 Professional Business W MI B -2 Local Business N l - Historical 1 Business All er•Sk oi.4s 'A►� ��'regory� regory,A're SCC Small Convenience Center • LCC ` CB Large Convenience C Center Central Business n D n ent 1 MI CBD Support {` _� L- aura r -En l a' e J ) GC General Commercial t M -1 Light Industrial -- C) �_ .� I Mil M-2 Heavy Industrial - RD Regional Development 4 _ AS Airport Support I* r----- a — - Parcels 1 +n ir 8R [ ` I M — All Roads _ Q g-, I � �� Vt. sd 'APR 29 ci § ftv 0 1 P t Q r y � llil �n j+ 1 i1�T a r I Y Vi 1 Parcel Lot lines are for visual display r ►,3 only. Do not use for legal purposes. 4c7 a 7.--......60r. 1 inch = 300 feet Pt O 1 50 100 200 300 400 �� e b N I - for A r o 04 r....' \. ? ,,, .N _ Copyright (C) 2014 Yakima County This map was derived from several databases. The County cannot accept responsibility for any errors. Therefore, there are warranties r this pmduck 11 {•�OEBIFSide, Dale: 4!213/2015 �llnfan Wye YAKIMA COUNTY ■ E _ _ a' LEI r r t GEOGRAPHIC INFORMATION SERVICES r 2 TZ - , m �o. t J t I # — G arDlAve , Site and Adjacent ■ Existing Future _ J Land Use W-Vial.a•Ave - a•C4 ■ ■n■■1 - c 111111 . d 1 N Marquis �a� m MI6 . Mehearl-Br Lh3CL• y�{r IniSubject Properties — N ■. 4 I I � - Susan• ' ! City of Yakima Future Land Use � Low Density Residential '17 4, ii 7 . MI , r ® Medium Density Residede ntial Q !NW - High Density Residential co LO Professional Office C • � w 9 - Regional Commercial —All er•S r' pj� n.Gy regoty Aye -Neighborhood Commercial al uI ld?a&i J ME Large Convenience Center ME General Commercial J - CBD Core Commercial _i aura-En -1 aI -A -' Industrial �— + - Parcels .- I � •--. — All Roads 110141 --_____ - 'S J **Ail �/ y ' 'logan Ave— i t r O _ cI J , d/ rn fi V Parcel Lot lines are for visual display `r . only. Do not use for legal purposes, a COr9„ pi.. 1 inch = 300 feet Feel p, 0 50 100 200 300 400 Q N Re Cr PekS �dF. co 7' /10 C: :) . I I A co ‹iNi:::7 + en Co a (C) 2014 Yakima County 494"■...7 This map was d erived from several databases. The Canty caino na a ccept rasporlrliay [or or an any arras Cl Q '� ThereUrv,thera we no maniacs br tlispmduct Date: 412e//2010 1 m --sllntQrltwyJ T r I' j CD + ( J� ¢ YAKIMA COUNTY I t GEOGRAPHIC INFORMATION SERVICES 4 1 l - earol•Ave Proposed Future cv i i L.._ c Land Use 4-W-Viola-Ave ___r . .���Vola et .� 1.1111111.1 — - - Marquis r ■ o - ^�' 'f I [ L� Subject Properties m ripailli r I City of Yakima Fukere Land Use McEean -Br � : —V L ■ Low Density Residential � � '/, SuSan•AVe` _ Medium Density Residential 6d � A j -J� I _. l _ High Density Residential ¢ C ► 4 ' — Professional Office � _Regional Commerdal CD I N ME Neighborhood Commerc � 9 d9 f _ Large Convenience Centel Auer St `Pf. / ` wegery-G t ifegory•Ave• General Commercial Ma CBD Core Commercial Industrial Mil L-aura•L•n l r7ga�n r ' ; VG J . I Parcels _ r / \1 — All Roads MI= • ___ I* ...______ _ L I REcev 61 1 � �L -o gt1t.Ae.. A � . G w 2015 YAKIMA 8 , .. t3 0 fr\ = , ------. Parcel Lot lines are for visual display only. Do not use for legal purposes. [ O C „e,, pr 1 inch = 300 feet I peer �p 0 50 100 200 300 400 0,- � N o ks` (:::::) c9 t xa14.01DP_ ALD o r � ” t` N Copyright 2014 Yakima County This map was derived from several databases The County moon accept r remedies for any errors ereeW5i Q Therefore, Moto ore a no rmrmrems br this product Date 41252015 The complete record is on file in the City Clerk's Office and on -line at: nn II1�II �U . WV � � V. n� Illllln ni IIIU I� U IllUnn F �i WI F WI F �i� lav nnni nnnni nmm� n ilV� a inn ni n 1 w nnni nnnnn 111 under Quick Links Distributed at the Meeting RENTALS TM APPLICATION SUMMARY Applicant: TM Rentals Parcels: 181327 -43493 Comprehensive Plan: Low - Density - 43494 Zoning: Single - Family Residential (R -1) - 43492 Acreage: 7.55 acres (3.20 acres) - stream buffer (Type 2) (.39 acres) - FEMA 100 -year floodplain (1.13 acres) - R -1 Residential buffer 2.63 - Net Developable Property Proposal: 1) 100 -foot R -1 buffer (north/adjacent to Logan Avenue() 2) Comprehensive Plan — Professional Office 3) Zoning — Professional Business (B -1) Staff Recommendation: The Community Development Department recommends APPROVAL of this amendment request from Low Density Residential to Professional Office lo accommodate a concurrent rezone from Single- Family Residential (R -1) to Professional Business (13 -1) • The public need for this proposed change is that there is a need for additional Professional Brininess (B -1) zoning in the City of Yakima . The supply of B -1 zoning has been steadily decreasing over the last several years as more and more of the existing B -1 zoning originally established with the City's 2006 Comprehensive Plan Update and City wide rezone process is built out with successful professional office buildings and complexes • The proposal makes use of existing infi•astruciure in the area and expands on existing cluster of professional uses To meet the demand of the professional business community, new land needs to be added to the current inventory of developable B -1 property, so businesses have adequate choices and opportunities 10 locale within the city limits Approval of this application would permit existing businesses 10 move to this site or possible attract new business to the area while protecting the surrounding residential neighborhoocl from the minimal impacts of professional office development Page 11 • The proposed Map Amendment request to Professional Office, and rezone request to Professional Business better implements applicable comprehensive plan policies than the current comprehensive plan map [citing Comprehensive Plan goals and policies]. No conflicting Comprehensive Plan provisions were identified through the hearing process. • The City of Yakima Planning Division agrees with the applicant's statements that the proposed map amendment addresses the low supply of property designated Professional Business within the City of Yakima . . • This proposal is consistent with the Growth Management Act and the Yakima County Wide Planning Policies hecause the proposal directs professional office growth to an existing urban area (within City limits first) and encourages infill in the area where all urban level services and facilities can he provided The proposal reduces sprawl and is served with an adequate transportation system • The properties have appropriate access to both domestic sewer and water supplies, and the topography of the properties is any proposed development could meet the requirements of•the Eastern Washington Storm Water Manual • While both proposals [single family residential and professional office] have a potential to generate a sufficient amount of traffic, all existing streets have sufficient carrying capacity to accommodate the proposed increases • No agencies or departments have registered any opposition to this rezone. • This proposal meets the previous mentioned definition [of professional office] and is fiilly.supporied by the goals and policies staled . under the Comprehensive Plan • This property is capable of being served by all public utilities necessary to support development of Professional Business, and all abutting streets have sufficient carrying capacity to accommodate any future development. • The City of Yakima Planning Division agrees with the applicants statements regarding compatibility of the Professional Business Zoning District with residential uses .. [7] he concept of •professional business adjacent to residential zoning is encouraged by the Comprehensive Plan Comprehensive Plan Policy 3.6.2 ruse offices as transitional uses between commercial and residential areas."] Page 12 Planning Commission (3 -2) Not compatible with adjacent neighborhood. • Policy 3.6 1 Encourage clustering of office development u1 concentrated areas • Policy 3 6 2 Use offices as transitional asses between commercial and residential areas • Policy 3 6 6 Encourage the development of a high quality style office park . . • Maximum Building Height in R -1 and B -1 is 35'. YMC 15.05.030 Table 5 -1. • Virtually all B -1 zoned property is adjacent to residential areas. • Applicant has proposed 100' R -1 Residential zoning as buffer on north side of property adjacent to Logan Avenue. Nonproject proposal creates uncertainty of impacts on critical areas and public facilities. • Development is subject to critical areas regulation. YMC Ch. 15.27 flood hazard protection standards are established by YMC 15.27.407. • Type 2 stream requires 75' protective stream buffer. This limitation encumbers 3.20 acres of the subject property. An additional .39 acres of the property is subject to Federal Emergency Management Mapped 100 -year floodplain. • Project specific development is subject to applicable development regulations. • The goals and policies pertaining to the 1 00-year floodplain and Critical Area associated with Wide Hollow Creek are also met, due to the fact that generally comniercicil development is a good steward of environmental sensitive properly Sigff Report • In cases where commercial development does build within the 100 -year floodplain the buildings are held to a higher construction standard requiring the building to be elevated 1' above the 100 -year floodplain, and /or employing flood proofing construction techniques into the design of the building. Nonproject proposal has uncertain impacts on public facilities. Page 13 • The subject properties are, or can be served by all utilities, and the public sheets of W Logan, S 38" Ave., and S 40 Ave as detailed in the above findings. This site is also served by City of Yakima Police and fire department • This proposal is consistent with the Growth Management Act and the Yakima Countywide Planning Policies because the proposal directs professional office growth to an existing urban area (within City limits first) and encourages in the area where all urban level services and facilities can be provided The proposal reduces .sprawl and is served with an adequate transportation system Staff Report D. • No agencies or departments have registered any opposition to this rezone. • This property is capable of being served by all public utilities necessary to support development of Professional Business, and all abutting slreels have sufficient carrying capacity to accommodate any future development Planning Commission found public need is outweighed by public opposition. • This is an impermissible basis for a land use decision. • "...denial of a [land use application] must be based on something more concrete than neighborhood opposition and expressions of concern for public safety and welfare." Isla Verde Intern. Holdings, Inc. v City of Camas, 146 Wn.2d 740, 776 (2002). • Denial of land use permits may not be based solely on evidence of general neighborhood opposition. Sunderland Family Treatment Services v. City of Pasco, 127 Wn.2d 782 (1995) (unsubstantiated fears of area residents could not provide substantial evidence in support of the land use decision); Maranatha Mining v Pierce County, 59 Wn. App. 795, 804 (1990) (reversing decision "based...on community displeasure and not on reasons backed by policies and standards and the law requires. "; and Kenarl & Associates v Skagit County, 37 Wn. App. 295 (1984) (land use properly denied where applicant addressed complaints). U' \DchhieG \"IM Rentals (Trent Marquis) \Application Summary docx Page 14 CHAPTER III - LAND USE north of East Race Street. Discourage commercial uses that are non - neighborhood related. 3.4.4 Maintain and preserve the existing single - family residential neighborhoods of Northeast, Southeast and Barge /Chestnut areas of the City. 3.4.5 Minimize the overcrowding /over - parking issues in old neighborhoods through: • Discouraging the conversion of single - family detached structures to multi- family structures through zoning control. Limit, and in some cases restrict, rezoning of R -1 to R -2 for individual single - family detached structures. • Encouraging development of multi - family projects as infill or redevelopment projects in old neighborhoods as a means to provide affordable housing. • Encouraging the conversion of residential houses to offices in areas that serve as transitional uses between commercial and residential, particularly along North Second Street north of Lincoln Avenue in the Northeast Neighborhood area. • Encouraging cohesiveness among neighborhood residents and community, and encourage interaction between neighborhoods and the government. 3.4.6 Preserve and restore historic houses within the neighborhoods, using private and public partnership when possible. 3.4.7 Allow home occupations that would not generate excessive traffic, create parking problems, or degrade the livability or appearance of the neighborhood. GOAL 3.5: PROTECT AND PROMOTE IDENTIFICATION OF ARCHEOLOGICAL AND SIGNIFICANT HISTORICAL SITES AND STRUCTURES. Policies 3 5 1 Integrate historic preservation planning with plans for land use, economic development and capital improvements. 3.5.2 Identify historic neighborhoods within the Yakima Urban Area and assist in obtaining an official classification as historic by the Local or National Register of Historic Places. 3.5.3 Develop a process, in conjunction with State agencies and the Yakama Nation, to evaluate significance and ensure identification of historic, cultural and archeological resources. 3.5.4 Maintain a process to evaluate impacts of proposed land use on archeological and significant historical sites. 3.5.5 Provide for adaptive reuse of archeological or significant historical sites when the original or present use of a site ceases to be feasible. GOAL 3.6: PROVIDE OPPORTUNITIES FOR OFFICE DEVELOPMENT TO PROMOTE ECONOMIC GROWTH AND TO MEET THE NEED FOR OFFICE SPACEIN THE YAKIMA URBAN AREA. Policies: 3.6.1 Encourage clustering of office development in concentrated areas. YAKIMA URBAN AREA COMPREHENSIVE PLAN PAGE III -22 "' CHAPTER III - LAND USE 3.6.2 Use offices as transitional uses between commercial and residential areas. 3.6.3 Promote small -scale office development that will not have significant adverse impacts on adjacent neighborhoods. 3.6.4 Encourage placing parking lots behind buildings, or along the side of the buildings. 3 6.5 Low to mid -rise office buildings should be located next to commercial or industrial areas, along expressway corridors, on or around hospital areas, and in the Central Business District. High -rise office buildings should be limited to the Central Business District or when associated with a master plan development utilizing the visibility of a freeway or State highway. 3.6.6 Encourage the development of a high quality, campus' style office park through Commercial Planned Development (Commercial PD) or when associated with a master plan development and /or Regional Commercial designation. Central Business District (CBD) The Yakima Downtown area is the regional center for commercial, cultural and governmental land uses. This area provides for a wide variety of intense retail, office, institutional and high- density residential land uses. Encouragement should be given to support land uses, which foster the unique, regional nature of the Yakima CBD. GOAL 3.7: MAINTAIN THE CENTRAL BUSINESS DISTRICT (CBD) AS A VITAL AND PRIMARY BUSINESS AREA. Policies: 3.7.1 Designate Yakima Avenue as the gateway corridor to downtown Yakima and the community with improved streetscape such as sidewalks, street furniture, lighting, landscaping, etc. 3.7.2 Expand the east side of CBD boundary to include the Convention Center and lodging facilities as part of the CBD district. 3.7 3 Encourage a diversity of uses and activities and cluster complementary activities and businesses together in specific areas of the downtown. Among the identified activities are government and institutional, historic and retail, cultural, arts and entertainment, and hotel and convention center, etc. 3 7.4 Promote multi -level development that combines multiple uses, such as office, retail and housing in single buildings. 3.7.5 Encourage uses that will provide both daytime and evening activities. 3.7.6 Support civic, cultural, and entertainment activities. 3.7.7 Provide public open space and recreational opportunities for downtown users. 3.7.8 Provide pedestrian linkage to the surrounding neighborhoods through sidewalks, Yakima Greenway and the City's pathways. 3.7.9 Encourage efficient use of land in the downtown area by reducing off- street surface parking areas with parking garages. 3.7.10 Encourage main governmental and civic uses serving the entire community to locate in the downtown area. 3.7.11 Provide incentives for residential development of vacant downtown buildings. YAKIMA URBAN AREA COMPREHENSIVE PLAN PAGE III -23